Walter Keim, E-mail: walter.keim@gmail.com
Torshaugv. 2 C
N-7020 Trondheim, 1. December 2004    

To the
European Ombudsman
1. avenue du Président Robert Schumann
F-67001 Strasbourg Cedex  

Registration number 614/2004/TES  

Human Right Violations in Germany: Violation of Article 6 (1) of THE TREATY ON EUROPEAN UNION

 

Dear Mr. DIAMANDOUROS,  

I refer to my letter to Commissioner António Vitorino with my suggestion 27. February 2004 to propose directives to secure fundamental rights of the Charter of Fundamental Rights of the EU in member states and his reply 23.3.2004 that this is beyond the remit of EU. The Charter of Fundamental Rights of the EU is not binding for member states.

I also refer to my letter of 14. March 2004 and 16. April 2004 to you as well as your answer 7. June 2004, that the answer of the EU Commission is reasonable.

Both the EU Commission 8 May 2002 and you 7. June 2004 have suggested to contact the Council of Europe regarding human right violations in Germany.

I have informed the Human Rights Commissioner of the Council of Europe: http://wkeim.bplaced.net/files/coe-complaint.htm who will review this material in the context of a future visit: http://wkeim.bplaced.net/files/coe-031128.htm. In addition I have informed the Council of Europe about the situation in Germany: http://wkeim.bplaced.net/files/coe-031226.htm in the context of a survey.

I would like to emphasize that the right to information is part of the right to freedom of expression, which is confirmed by international human rights laws, specifically by the International Pact of Civil and Political Rights (article 19), and the Universal Declaration of Human rights (article 19), all of them ratified by Germany and incorporated into German law.

However it is obviously worthless that the European Court of Human Rights sentences Germany: http://wkeim.bplaced.net/files/de_human_rights.htm and CoE tries to influence Germany in other ways, when Germany violates article 47 of the European Convention of Human Rights, by denying that it is binding: http://wkeim.bplaced.net/files/eu-041117.htm. I am also referring to President Luzius Wildhaber of the European Court of Human Rights (ECHR) who criticized the German government and the German constitutional court. The fact that judgments of the European Court of Human Rights are not followed by German courts shows lack of commitment to Europe: http://www.spiegel.de/politik/deutschland/0,1518,327801,00.html.

Preparing to get Germany sentenced at the administrative court in Berlin and reading the complaint against Germany dated 18. May 2004 I became aware of Article 6 (1) of THE TREATY ON EUROPEAN UNION:

"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 member states have to respect human rights.

I would have appreciated to get this information from the EU Commission or you.

The complaint of 18 May 2004: PRODI (2004) A/4718 SG/G/2/AFP D (2004) has not yet been treated according to the Charter of Fundamental Rights of the EU article 41 (1) i. e. a fair answer within reasonable time. The "European Codex of good Administration" defines two weeks to get an receipt (Article 14). I have 17 November 2004 asked the Commission to add my documentation of human rights violations, but did not receive a receipt.

It was questionable to close this matter 27 July 2004 (Complaint 2128/2004/GG) without a schedule for an answer being given: "I thus take the view that the Commission has taken steps to settle this aspect of your complaint. I therefore close the case." The Commission failed to publish the complaint of 18. May 2004 in the register of President Prodis correspondence. In addition the outgoing letter of 27. July 2004 to Dr. Wenzel is not in the register there. You have certainly been proved wrong by the Commission who does not give fair treatment, i.e. no receipt within 2 weeks and no (article 17 of the codex) answer within 2 months or message that the case is complicated and will be answered later.

I certainly appreciate your support to ensure that these complaints are treated in compliance with the Charter of Fundamental Rights of the EU.

Thank you in advance for your answer.  

Sincerely,    

Walter Keim
In my opinion Germany must be sentenced: http://wkeim.bplaced.net/files/041106btf-en.htm
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 of 1935: http://wkeim.bplaced.net/files/031213rberg-en.htm

Send again as recorded letter 3. January 2005

Enclosure:

Answer:

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