auf Deutsch: http://wkeim.bplaced.net/files/0706eup.htm
Walter Keim, E-mail: email@example.com
Torshaugv. 2 C
N-7020 Trondheim, 18.June 2007
MEP Rainer Wieland
Committee on Petitions
Kopie: Commissioner of Human Rights of the Council of Europe, all members of the EU Parliament, EU Commission, Botschafter Dr. Wilhelm Schönfelder (German Embassy in EU), Bundesjustizministerium, Dr. Reinhard Wiesner (German Bundesministerium für Familie, Senioren, Frauen und Jugend), Andreas Hilliger (German Ministerium für Bildung, Jugend und Sport des Landes Brandenburg)
Human Right Violations: The
German Youth Department (Jugendamt) falsely called Welfare Office
Dear Mr. Wieland,
I refer to the petitions of the EU Committee on petitions on German Youth Department (Jugendamt falsely called Welfare Office) see meeting on 7. June 2007 (Appendix 1). A report to the EU Parliament will follow.
You are quoted as follows (my translation):
"The German MEP (Rainer Wieland) suggested an expert report comparing the legal situation in Germany with other states. He said, although Germany which was sentenced of the European court of Human Rights, was not bound by the sentences and not obliges to change and help the victims." (Appendix 2). "MEP Wieland said he is a lawyer and knows that German child and youth protection is outstanding compared international." (Appendix 3)
Germany is bound to obey the judgements of the European Court of Human Rights according to Article 46 of the European Convention of Human Rights (Convention):
"The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties."
The case of the Haase family highlights in particular the unparalleled depths of callousness, cruelty and vengefulness, to which the unsupervised Jugendamts are prepared to sink. In 2004 the parents won case Haase vs. Germany Application No.11057/02 but got only 2 of 7 children back. Her daughter Lisa-Marie Haase died under mysterious circumstances in the custody of the Jugendamt after to attempts of suicide. All her mother got was the bill of burial. This is documented hear in Appendix 11: http://video.google.de/videoplay?docid=542626771103899894 , http://video.google.de/videoplay?docid=5911861930123383584
Unfortunately violations of Article 8 of the Convention (Family) are only the top of the iceberg. In addition violations of human rights of freedom of opinion, information, assembly and fair trial are documented. The first director Percy McLean of the German Institute for Human Rights was forced to resign, because he wanted to examine human right violations in Germany. Therefore I have done this myself and published on my homepage (Appendix 3). A Petition with Human rights violations (Appendix 4) was ignored by the Committee of Petitions of the German Bundestag. I have send this information to more then 20 German state authorities, but nobody answered up to now.
In addition many petitions were written e. g. to the state of Baden-Württemberg and other Petitions. In protest I gave up my address in Haselbach-Alfdorf in Baden-Württemberg.
Complains to EU about Human Right violations in Germany have often been (as in this case) answered with sending me to the European Court of Human Rights. I have filed the complaint Keim v. Germany. Appl. No. 41126/05 on 11. November 2005. The decision on admission is not yet done and from other cases I assume that it will take at least 5 more years for the case to be decided on.
Article 6 (1) of THE TREATY ON EUROPEAN UNION says:
"The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States."
Therefore it is totally unacceptable that Germany violates Human rights. The advice of EU to complain to the ECHR does not help, because it takes so many years. In child cases national courts may take 5 to 10 years. Only after having used national courts it is possible to complain to the ECHR which may again take 5 to 10 years. Obviously the German welfare office (Jugendamt) cannot be corrected of the ECHR because it takes so long time.
Why violates German administration and justice system human rights systematically and ignore ECHR decisions?
EU tries to secure democracy and human rights by demanding this from new members. However Germany is a founding member and lacks e. g. the following which new members must have:
If Germany would seek membership today this would not be accepted. However Germany was a founding member and was never asked to comply with modern democracy and giving a guarantee of protecting human rights. Germany could veto if EU would pressure for strengthening human rights acceptance.
"....the recommendation of the Council of Europe (Recommendation No. R (94)12, Art. 2 c) see Appendix A) concerning judges applies for new members for EU:
»The authority taking the decision on the selection and career of judges should be independent of the government and the administration. In order to safeguard its independence, rules should ensure that, for instance, its members are selected by the judiciary and that the authority decides itself on its procedural rules«.
That is the case in France, Spain, Italy, Norway, Denmark and Netherlands - not in Germany. Germany - if it was not already member would be a problematic candidate....." (Appendix IV: Die Entfesselung der dritten Gewalt Von Heribert Prantl [veröffentlicht in der Süddeutschen Zeitung Nr. 81 vom 6. April 2006, Seite 28])
In the 18. century German justice ministers hired and promoted judges. This is the case even today also the constitution has written down something else. The principle of official secrecy (Amtsgeheimnis) dates also back to the 18. century and is still valid in 8 of 16 states (Bundesländern). In court cases and elsewhere access to files is always difficult. The state and parliaments seem not to see why this should be granted.
The assembly of the Federation of German Judges (Deutschen Richterbund DRB) asks to give the judiciary an independent position as the separation of powers and the constitution demands. Also the New Union of Judges (Neue Richtervereinigung) aks for the independence of judiciary from executive to realize separation of powers.This demand is more the 50 years old: The 40. gathering of German jurists 1953 has suggested to realize the separation of powers written down in the constitution (Appendix C)
Punishment and public prosecution of libel and defamation no longer done in most European states. The UK has since 1927 reduced punishment for defamation and only written "Libel" under special circumstances remains. Since 1997 only 1 to 5 convictions per year. The German statistics show 50.00 cases for 1927 for libel. I the year 2005 more than 180.000 cases occured with a raising tendency.
If a citizen says his opinion about judges and other authorities, he/she may be met with accusation of defamation to shut up critics. The dissident and civil rights fighter Helmut Palmer (whom you know) is a example having been to prison many time because authorities felt defamed. In family cases I have often seen that critics were silence with police action taking away PC. Courts have tried to silence critics by trying to declare them insane (Appendix 6).
It has been ignored in the public that some have criticised the justice system in Germany, who wished to improve the system: Before a court and on sea you are in the hand of God. "In Germany you can play at dice instead of go to court: You can not know the result in advance Judge at constitutional court (Bundesverfassungsrichter a.D.) Prof. Willi Geiger, Karlsruhe in an essay for the Deutschen Richterzeitung, 9/1982, S. 325. One is totally helpless meeting the justice system (Münchener Abendzeitung 2.4.02, Seite 9). "In German justice system there are many despotic, know-all and incablable judges. It is impossible to do something about it." (Dr. Egon Schneider, former judge at higher court (OLG), in "Zeitschrift für anwaltliche Praxis" 6/1999). The famous laywer Rolf Bossi summarized his Experience in his book Half gods in black ("Halbgötter in Schwarz:. Deutschlands Justiz am Pranger)." The court in Augsburg punished him with a fine of 12 000 Euro because of defamation (Aktenzeichen: 3CS201J S119478/05).
In spite of the constitution Germany is run in many areas as done in the 18. century. For some problems it was forgotten to remove laws and privileges which the dictatorship of the Third Reich added.
In the course of writing 30 petitions a found the following remains of the time between 1933 and 1945 I suggested to remove:
The Doctors Chamber in Nordwürttemberg has hired Gernot Blessing to prosecute doctors who do not do their duties to respect patients rights. A complaint was filed because access to documents was denied, violating Section 406e (5) StPO (Strafprozeßordnung: Code of Criminal Procedure) on Inspection of files and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). My complaint was not5 dealt with for 2 years. The doctors chamber was asked: Is he is the right person to do the job?
At Sant Anna die Stazzema, 560 women, children and men, unable to flee, were murdered in a bestial manner by SS troops6. In Italy 10 SS murderers where sentenced to jail for lifetime for war crimes committed 12. August 1944 in Sant´Anna more than 60 years ago. But Germany does not extradite them to Italy. Public prosecutor Gernot Blessing in Stuttgart/Germany is not prosecuting them up to now. Therefore a sentence in Germany is hindered4. The families of the victims are denied access to documents.
I cannot understand at all why my constructive proposal to get rid of old privileges and open up for the European "area of freedom, security and justice" with a "guarantee for the principles of democracy and respect for human rights", was turned down.
I cannot understand at all why you defend violations of human rights Germany has signed to respect. Why do you defend a old-fashioned state organisation of the 18. century and refuse the idea of an open and transparent democracy respecting human rights found elsewhere in Europe. It is nonsense to talk about Germany being brilliant compared to other countries in Europe. This is a same towards the victims.
I challenge you to change your opinion and begin to promote human rights and not to fight them.
I wait for the report of the Commissioner of Human Rights of the Council of Europe on his visit to Germany October 2006 and will then propose strengthening human rights in Germany and laws to make judiciary independent and committed to law.
Keim v. Germany: ECHR Appl. No. 41126/05: http://wkeim.bplaced.net/files/echr-061101.htm
List of appendices:
[Family Rights] [Back to page on Freedom of Information] [Human Right Violations in Germany] [Law on Legal Advice] [Petitions] [Back to Homepage]
Separation of powers in Europe
Freedom of Information: