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Walter Keim, Email: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, den 21. December 2003 [added 18 May 2005]

Committee of Petitions
Deutschen Bundestages
Platz der Republik 1
D-11011 Berlin

Petition Violations of Human Rights in Germany: Invitation of the Human Rights Commissioner of the CoE to Germany

Sir,

today is the second anniversary of my unanswered Petition 1-14-06-298-042380 about Freedom of Information in Germany. Therefore I write a petition on additional violations of human rights.

The governments of Switzerland: http://www.ofj.admin.ch/bj/de/home/themen/staat_und_buerger/gesetzgebung/oeffentlichkeitsprinzip.html, Serbia and Montenegro have sent draft FOI laws to parliament. Germany (in 12 of 16 lander) and Luxembourg are now competing to be the last in Europe regarding Freedom of Information.  

Germany is the only OECD country, the only industrialized country and the only civilized country without freedom of Information, including access to public documents.

Here are additional violations of human rights:

The United Nations (UN) have 1948 given the Universal Declaration of Human Rights. Afterwards many international conventions were signed to secure human rights. Germany has among other signed the following conventions:

The European Union guarantees Human Rights according to Article 53 of the Charter of Fundamental Rights of the EU.

Violations of the ECHRFF can be reported to the European Court of Human Rights. The Human Rights Committee of the UN  is responsible for complaints about the ICCPR.

Human rights in question are:

The following cases about violation of human rights are known to me:

 

 

 


 

In this report to UN on ICCPR: CCPR/C/DEU/2002/5 of 4 December 2002 German government writes in point 3 of the preliminary remarks:

Article 1 para 1 of the Basic Law reads as follows: "The dignity of man is inviolable. To respect and protect it is the duty of all state authority." This principle follows from Article 1 of the 1948 Universal Declaration of Human Rights. In Article 1 para 2 of the Basic Law, "the German people … acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world".

Those who write this know about Article 1 para 3 says: (but who bites the hand which feeds him?)

The following basic rights shall bind the legislature, the executive, and the judiciary as directly applicable law.

In other words the legislative the executive and the judiciary are only bound by what follows i. e. basic rights, not Article 1 para 2 i. e. human rights. Therefore German courts decide against human rights if there is a conflict, e. g. the highest Court in the German land Rhineland-Palatinate LG Mainz (1 QS 25/98) stated that the court can not give access to documents (as human rights would demand), because it is the parliament, which would have to give this right. This court expresses here that they are not allowed to do what human rights would say. Therefore human right violations are well documented: http://home.broadpark.no/~wkeim/files/de_human_rights.htm in many cases. On the other hand courts are faithful to laws from pre-democratic times: The Long Arm of the (Nazi) Law: http://home.broadpark.no/~wkeim/files/bockmann_nazi_law.htm. This law has not been considered unconstitutional by the constitutional court.

The mothers and fathers of the German constitution have not taken into account, that German history has done a damage to those who should practice and make real human rights in Germany: Those who are in power share with the majority of those who are governed the lack of knowledge and/or courage to live human rights in real life. Germans are the last in Europe to dare to demand human rights and the "acknowledgement" is therefore useless.  Most of Germans will have to develop from servile spirits to humans.

The executive and judicative power does not give confidence always to be committed to human rights and does not respect the UN declaration of human rights, the European Convention of Human Rights  International Covenant on Civil and Political Rights (ICCPR) and the Charter of Fundamental Rights of the EU. Why abuse national sovereignty so much?

Will the German Bundestag promote and make human rights a reality?

According to Com 2002/0247 the "Union must build up an EU-wide area of freedom, security and justice" with a "guarantee for the principles of democracy and respect for human rights". How long will EU tolerate member states not respecting human rights?. Will the Bundestag remove a black hole in the area of freedom?

European governments and Ombudsmen invite the Commissioner of Human Rights of the CoE: http://www.coe.int/T/E/Commissioner_H.R/Communication_Unit/Documents/By_series/Visit_Reports/index.asp#TopOfPage .

Who is the Ombudsman in Germany? Nobody from Germany shows up when European Ombudsmen meet: http://commissioner.coe.int/new/dyn/docs.asp?L=2&S=4 . Therefore there is no possibility to learn international standards.

I would like to suggest that the Bundestag gives the advice to the government to invite the Human Rights Commissioner of the CoE to Germany. If the government refuses I suggest that the Committee of Petitions itself (who should be a kind of Ombudsman) makes a formal invitation.

 

Sincerely,

Walter Keim
Who will invite the Human Right Commissioner to Germany: http://home.broadpark.no/~wkeim/files/coe-031128.htm
Fight against the legal advice law: http://home.broadpark.no/~wkeim/files/031213rberg-en.htm
Support Freedom of Information: http://home.broadpark.no/~wkeim/foil.htm#e-mail
Support Patients' Rights: http://home.broadpark.no/~wkeim/patients.htm#e-mail

Copy: EU Council, EU Commission, EU Parliament, EU Ombudsman, Commissioner for Human Rights of the Council of Europe, OHCHR-UNOG G/SO 215/51 GERM ES, Chancellor, President of Bundestag, Constitutional Court, German Human Rights Commissioner, Klaus Stoltenberg (German Ministry of Justice), Committee for Human Rights.

Enclosure:

  1.  http://www.forumjustizgeschichte.de/Verfahren_Goetz.136.0.html
  2.  http://home.broadpark.no/~wkeim/files/bockmann_nazi_law.htm
  3.  http://www.rae-dammann.de/aktuell/vogt_germany.shtml
  4.  http://www.berufsverbote.de/docs/hh-dammann.html
  5.  http://www.heise.de/tp/deutsch/special/frei/12314/1.html
  6.  http://home.broadpark.no/~wkeim/petition_un.htm
  7.  http://home.broadpark.no/~wkeim/files/020621bvg.pdf
  8.  http://home.broadpark.no/~wkeim/v-klage_en.htm
  9.  http://www.justizskandale.de/1/schoeler_bverfg.html
  10.  http://home.broadpark.no/~wkeim/files/030310bvg-en.htm
  11.  http://dejure.org/gesetze/rechtsprechung/Hollerlanderschliessung.html
  12.  http://home.broadpark.no/~wkeim/anklage.htm
  13.  http://www.ratgeberrecht.de/urteile/leitsatz/rl01184.html
  14.  http://hudoc.echr.coe.int/hudoc/default.asp?Language=en&Advanced=1
  15.  http://home.broadpark.no/~wkeim/I_accuse.htm
  16.  http://home.broadpark.no/~wkeim/files/de_legal_advice_law_overview.htm
  17.  http://www.crc-watchdog.org/content/europe/violate.html
  18. Case Walter Keim vs. Federal Republic of Germany VG 2 A 85.04: http://home.broadpark.no/~wkeim/files/verwaltungsgericht-en.htm
  19. EUCARS ( European Corruption Analysis and Reduction Service ): http://www.eucars.de/ 

 

Result:

04 February 2004: Complaint to get fair answer.
09 May 2005: Court rejects the idea of fair answer.

 

Development:

 

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