Keim v. Germany: Appl. No. 41126/05: Access to Information and Fair Trial

Walter Keim, E-mail: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, 1. November 2006

The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg-Cedex

Keim v. Germany: Appl. No. 41126/05: Access to Information and Fair Trial

Dear Madam/Sir,

thank you very much for your information dated 8 March 2006: "The Court will deal with the case as soon as possible" i. e. complaint "Access to information" in Germany dated 11. November 2005.

Access to information has now been recognized as human right in the following human rights court cases:

11. April 2006: GERAGUYN KHORHURD PATGAMAVORAKAN AKUMB v. ARMENIA: Application no. 11721/04. ECHR decision to communicate freedom to receive information case to Armenia.
10. July 2006: Sdruženi Jihoceské Matky v. Czech Republic, Application no. 19101/03, Decision of ECHR: Admissibility of Access to information.
19. September 2006: Marcel Claude REYES et al. v. Chile Case No. 12.108: Inter-American Court of Human Rights Confirms Right of Access to Government Information
16. October 2006: Justice Initiative Intervenes in Strasbourg Freedom of Information Case: Application no. 11721/04. GERAGUYN KHORHURD PATGAMAVORAKAN AKUMB v. ARMENIA.
Collection of cases: http://www.right2info.org/cases#european-court-of-human

I would like to ask you to consider these decisions deciding on admissibility.

Thank you in advance.

Yours sincerely,

Walter Keim
8 German states violate the human right of freedom of information: http://wkeim.bplaced.net/files/ifg-result.htm

List of appendices:

Conclusion:

We have argued that the right of access to information held by public authorities is firmly
established in European and international law and practice. Courts and lawmakers
throughout the democratic world have determined that the right to receive government
information is an integral and separate element of freedom of expression, and, like the
right to impart information and ideas, an actual prerequisite for the meaningful exercise of
other political rights in a modern democracy. Furthermore, there is a clear trend in the
democratic world to consider free access to election-related information, and in particular
campaign finance data, as essential to ensuring the integrity of electoral processes and the
credibility of the democratic system itself. This Court in Sdruženi recognized an Article
10 right to receive information held by public authorities independent of any other
Convention rights or interests. We respectfully urge the Court to take the opportunity
presented by this case to make clear that Article 10 of the Convention grants individuals
and other persons a general right of access to information held by public authorities. This
will bring the Court’s jurisprudence into line with prevailing European and international
law, and clarify for national courts throughout Europe the importance of access to
information as a foundation for democratic government.

Copy: Petitionsausschuss Bundestag 1-15-06-10000-037433, Petitionsausschuss Baden-Württemberg 14/438, Petitionsausschuss Schleswig-Holstein: L141-16/633, Petitionsauschuss Rheinland-Pfalz LE11/05, Petitionsauschuss Niedersachsen 25554/01/15, Petitionsausschuss Thüringen E-846/05, Presserat Beschwerde BK2-246/06, Bundespräsident, Bundeskanzlerin

Copy: Parliamentary Assembly Council of Europe, International Helsinki Federation for Human Rights, OSCE, ECHR (Keim v. Germany Appl. No. 41126/05), FOIAdvocates, CoE Human Rights Commissioner.

Answer: 02. September 2008: ECHR: FOI is not part of convention: "(T)he court found that they did not disclose any appearance of a violation of the rights and freedoms set out in the Convention"

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Colours on picture: dark green: FOIA enacted. Yellow: pending law. Red: bill rejected. FOIA= Freedom of Information Act