Walter Keim, E-mail: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, 7.3.2004
To the
Chairman of the
Committee on Petitions
European Parliament
Schuhman Building
L-2929 LUXEMBOURG
Change of my Address:
Petition 80/2002: Freedom
of Information failed in Germany
Dear Sir,
I refer to my petition 80/2002 on Freedom of Information in Germany and would like to inform you of my new address:
Walter Keim
Torshaugv. 2 C
N-7020 Trondheim
Norway
I have given up my address in D-73553 Alfdorf-Haselbach in Germany in protest against the disrespect of Fundamental Rights of the EU Charta in Germany. I kept my German citizenship to keep the right to get an answer to my petition 80/2002.
The EU Commission is relying on the Council of Europe (CoE) when it comes to Freedom of Information: http://wkeim.bplaced.net/330166.htm .
I appreciate that the CoE is writing a survey on the implementation of access to public documents in Europe: http://wkeim.bplaced.net/files/coe-031226.htm. From country reports I understand, that the Commissioner for Human Rights is normally invited to visit countries: http://wkeim.bplaced.net/files/coe-031128.htm. I do not know if there is a invitation to Germany.
I have written to institutions in Germany dealing with human rights: the government, the BMJ, the Committee of Petitions, the Committee of Human Rights, the Deutsche Institut für Menschenrechte (Human Rights Institut), the Forum für Menschenrechte, Menschenrechtszentrum der Universität Potsdam and UN to find out if somebody is interested to invite the Commissioner. But I have got only one answer, which was negative so far.
I found out that the German Institute of Human Rights (Deutsches Institut für Menschenrechte) was found on the basis of suggestions of the UN resolution 48/134 of 20.12.93. The first director Percy MacLean (now again judge at the Verwaltungsgericht Berlin) had to resign, because he monitored human rights in Germany (how UN wished). Their opponents favoured to monitor international developments. (See article: Das Deutsche Institut für Menschenrechte - Vision und Wirklichkeit: Wie soll es nach dem erzwungenen Rücktritt des ersten Direktors weitergehen? Vision and reality: How to proceed?). Especially steering members Mrs. Dr. Hanna-Beate Schöpp-Schilling and Mrs. Barbara Unmüßig opposed to monitor human rights in Germany. I have asked for access to these documents arguing I need access to strengthen my knowledge for this complaint. I am afraid UN has self to make an effort, because up to now access is denied.
The only means of complaint on individual level against the lack of access to public documents I am aware of is a complaint to the European Court of Human Rights. Unfortunately I had to start at the district court in Berlin: http://wkeim.bplaced.net/files/verwaltungsgericht-en.htm. This complaint is about Freedom of Information and fair answers to petitions. My petition filed 21. December 2001 on Freedom of Information has not been answered. The Committee is waiting to get an answer from the Ministry of Interior, but the Ministry of Interior writes not to have received the petition to comment on it: http://wkeim.bplaced.net/files/040125bmi.htm (Sorry in German only). Is this deadlock serious enough, that the administrative court will consider it unfair: http://wkeim.bplaced.net/files/verwaltungsgericht-en.htm ? Will the administrative court demand, that the Committee of petitions confirms receipt of the petition on human rights dated 21.12.2003?
The lack of Freedom of information is only the top of the problems in Germany. Another similar problem is the availability of information on legal advice.
68 years ago the Reichsregierung (government) under the leadership of Reichskanzler Adolf Hitler gave the law on prevention of misuse of legal advice: http://www.rechtsberatungsgesetz.info/gesetzgebung/originalfassung.html . Implementing regulations made sure that Jews were removed from lawyers bar. In order to prevent them to give free advice, lawyers got a monopoly.
This law is still in force: http://wkeim.bplaced.net/files/de_rechtsberatung.htm, because the Allies forgot to remove it after the Second World War. Germany is the only country in the world where it is forbidden to altruistically give free legal advice. Here is a court decision on the basis of this law: http://wkeim.bplaced.net/files/bockmann_nazi_law.htm. It is a scandal that Judicial branches in Germany still obey Adolf Hitler's laws.
The Charter of Fundamental Rights of the EU gives Freedom of Information in Article 42, access to documents in Article 41 (2), the right to complain in Article 43 (Ombudsman) and the right to answers within reasonable time in Article 41 (1). The "European Codex of god Administration" defines latest two months to get an answer (Article 17).
Article 6 (1) of the Treaty on European Union (TEU) lists the principles common to the Member States: liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. In EU COM (2002) 247: Communication from the Commission - A project for the European Union chapter 1.2 The Union must build up an EU-wide area of freedom, security and justice. reads: "The European area of freedom, security and justice thus provides a guarantee for the principles of democracy and respect for human rights".
Traditionally it has been the authority in Germany who decides if there is an answer and/or if the answer is fair. I have not even got an fair answer from government, parliament and constitutional court. Since German authorities deny me these fundamental rights I gave up my German address in protest.
Yours sincerely,
Walter Keim
Will the administrative
court support Freedom of Information: http://wkeim.bplaced.net/files/verwaltungsgericht-en.htm
Prevent this berufsverbot for a lawyer: http://wkeim.bplaced.net/files/de_human_rights.htm#aemr20
Who invites the Human Right Commissioner to Germany: http://wkeim.bplaced.net/files/coe-031128.htm
Why are Patients Rights insufficient? : http://wkeim.bplaced.net/accusation.htm
Fight the Nazi law: http://wkeim.bplaced.net/files/031213rberg-en.htm
Enclosure:
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