Fundamental Rights Agency
Submission: Access to Information and other
Violations of Human Rights in Germany
I refer to Article 6 (1) of the TREATY ON EUROPEAN
UNION AND OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY:
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..
Article 7 deals with sanctions in case of breach by
a Member State of principles mentioned in Article 6(1).
I refer to the task of the Fundamental Rights
Agency opened today to (See MEMO/05/231 EMBARGO : 3 PM "Questions & Answers
on the European Union Agency for Fundamental Rights"):
"The Agency will address the problems with the
availability, comparability and quality of data on fundamental rights across
the Union. Even if there exists a valuable amount of monitoring and reporting
on fundamental rights by different international and European actors, there
are still problems, for instance because these reports do not cover all Member
States or they cover different time periods of they do not relate to Community
law. The large body of existing work requires also data management to pick up
the relevant information needed for Union policy making.
The Agency will improve the coordination between
the national human rights institutes. It is also hoped to encourage the Member
States to create independent human rights institutes.
The Agency will build up a systematic and
permanent dialogue between the EU and national and European non-governmental
organisations. The bodies of the Agency include a Fundamental Rights Forum
consisting of representatives of the civil society. There is also a real need
for awareness-raising within the general public."
"The Agency’s work focuses clearly on the
situation of fundamental rights in the Union and its Member States as well as
in those Candidate Countries which have agreed to participate in the
I also refer to the task of the UN Special
Rapporteur "to seek and receive credible and reliable information from
governments and non-governmental organizations and any other parties who have
knowledge of these cases; and to submit annually to the Commission a report
covering the activities relating to his or her mandate, containing
recommendations to the Commission and providing suggestions on ways and means to
better promote and protect the right to freedom of opinion and expression in all
its manifestations." In addition I refer to the report: E/CN.4/2005/64 of 17
December 2004 on CIVIL AND POLITICAL RIGHTS chapter II Issue A, point 36 on
implementing the right of access to information.
In European Union law, the Four Freedoms are
protected by Treaty provisions, secondary legislation and court decisions,
protecting the ability of Goods, Services, Capital, and Labour to move freely
within the Internal Market of the European Union. Human rights in candidate
states have been evaluated before membership was given, however human rights in
"old" member states were up to now forgotten to protect. Therefore the work of
the Fundamental Rights Agency is very important.
Unfortunately Germany does not follow the conventions of the Council of
Europe here. The EU Commission and the EU Council do not actively support an
"area of freedom, security and justice" with a "guarantee for the principles of
democracy and respect for human rights", according to Com 2002/0247 but ceases
financing the EU Network of Independent Experts. Therefore I would like to ask
the Fundamental Rights Agency und UN for support to collext appropriate information and
actions towards German parliaments.
I appreciate that CoE, OSCE, PACE, the International Helsinki Federation
for Human Rights (IHF), FOIAdvocates, Access Info Europe, ARTICLE 19 und die
Open Society Justice Initiative observe Germany. But I think that is not enough.
Therefore I try to force progress by case Keim v. Germany ECHR Appl. No.
41126/05. However it may take many years, before the ECHR will decide on this
case. Fortunately case Sdruženi Jihoceské Matky v. Czech Republic ECHR Decision
19101/03 and Application no. 11721/04. GERAGUYN KHORHURD PATGAMAVORAKAN AKUMB v.
ARMENIA have recognized a human right of access to receive information.
Unfortunately my favourite lawyer Claus Plantiko for the ECHR case Keim v.
Germany is threatened to loose his lisence. Therefore I did a intervention.
Lawyers who are critical to the human right violations in Germany can with help
of a monopoly dating back to a law on legal advice from 1935 be fired from the
bar, which means a Berufsverbot.
Since I have no possibility to even get an answer from government, federal
parliament on human rights (it took 3 years on freedom of information) and no
fair answer from constitutional court, I would appreciate your work to supply
quality data on missing compliance with CoE/UN/OSCE/IFH/EU human right
Any other action to promote Freedom of Information and other human rights
in Germany is welcomed.
Support freedom of information:
Keim v. Germany: ECHR Appl. No.
Right violations in Germany: http://home.broadpark.no/~wkeim/files/de_human_rights.htm
Institute of Human Rights, German Helsinki Committee for Human Rights,
Security and Cooperation in Europe, CoE Human Rights Commissioner, Chancellor
(Bundeskanzlerin), Landtagspräsident von Baden-Württemberg, Ministerpräsident
von Baden-Württemberg, Committee of Petitions of German Federal Parliament and
states (Länder) without Freedom of Information
- Letter of 11 July 2002 of
the Courrier Citoyen d'Europe of the European parliament: http://home.broadpark.no/~wkeim/files/020711eu.htm
- 19. October
2004: Access to documents in German Consulate in Trondheim/Norway: http://home.broadpark.no/~wkeim/files/vg-entwurf-en.htm
- Letter of 21. November 2005: € 770.- for
- EU Commission suggested
8 May 2002 to contact CoE:
- 28. November 2003: Commissioner
for Human Rights:
- 31. July 2005: Petition to
12 states in Germany without access to information: http://home.broadpark.no/~wkeim/files/050731bl-en.htm
- Letter 11.
November 2005 to doctors court: http://home.broadpark.no/~wkeim/files/0511labw-en.htm
- The Law of Legal Advice of
13. December 1935: http://home.broadpark.no/~wkeim/files/de_legal_advice_law_overview.htm
German parliament on violations of human rights: http://home.broadpark.no/~wkeim/petition_me-en.htm
- 17. November 2004: Germany violates human
Zeitung 14 June 2003: The
Long Arm of the (Nazi) Law (“Der lange Atem eines Nazi-Gesetzes“): http://home.broadpark.no/~wkeim/files/bockmann_nazi_law.htm
- Dr. Niehenke: Fight
against the Law of Legal Advice:
Who is responsible for the lack of Freedom of
Information (FOI) in 12 of 16 states in Germany?: http://home.broadpark.no/~wkeim/I_accuse.htm
Human right violations in Germany: http://home.broadpark.no/~wkeim/files/de_human_rights.htm
- 20. December
2005 the Constitutional Court dinies to admit constitutional complaint of 3.
- EU Parliament: 16. January
2006: EU/OSCE human rights principles are not yet covered by EU
sentence against Michael
CSASZKOCZY Verwaltungsgericht Karlsruhe 15. March 2006. http://home.broadpark.no/~wkeim/files/060410vgk.htm.
2006: The contract of the EU Network of Independent Experts on Fundamental
Rights finishes in September 2006 and will not be renewed. http://home.broadpark.no/~wkeim/files/eu-network-060616.htm
- Professor J. Wieland: "Freedom of
- The highest Court in Rheinland-Pfalz LG Mainz
(1 QS 25/98): http://home.broadpark.no/~wkeim/files/lg_mainz-en.htm
Appendix: Internet publications:
VG 2 A 85.04: Walter Keim vs. Federal Republic of Germany: http://home.broadpark.no/~wkeim/files/verwaltungsgericht-en.htm
- Letter of 27. February 2004 to the EU Commission to write a directive
access to information: http://home.broadpark.no/~wkeim/files/eu-complaint.htm
- 22. December 2004 the president
of the German parliament send my petition to the government: http://home.broadpark.no/~wkeim/files/041222btp.pdf
to the European Court of Human Rights 11 November: http://home.broadpark.no/~wkeim/files/echr-complaint.htm,
- 16. January 2002: Germany does not even translate
recommendations of the CoE: http://home.broadpark.no/~wkeim/020106coe.htm
- Complaint to the UN about lack of access to documents: http://home.broadpark.no/~wkeim/files/un-complaint.htm
- Human right violations in Germany: http://home.broadpark.no/~wkeim/files/de_human_rights.htm
- Case 1 ZV 65/02: "Krumbiegel scandal": http://home.broadpark.no/~wkeim/files/031224anw.htm,
- Germany does not translate
Recommendations of the Council of Europe: http://home.broadpark.no/~wkeim/020106coe.htm,
- Ausandern was sonnst?: http://home.broadpark.no/~wkeim/auswandern.htm
- Letter to Schavan about
Berufsverbote from the cold war time are back in Baden-Württemberg and Hesse
- OStA GERNOT BLESSING unterlässt Anklage gegen in
Italien verurteile SS-Mörder: http://home.broadpark.no/~wkeim/files/blessing.htm
- Massacre of the 16.
Panzergrenadierdivision "Reichsführer SS" in the Italian village of Sant`Anna
di Stazz: http://de.wikipedia.org/wiki/Sant'Anna_di_Stazzema
- Verfassungsbeschwerde Dr.
Kramer 1 BvR 737/00: http://www.forumjustizgeschichte.de/Wasch_mir_den_P.198.0.html
- Die Vertreibung des Rechts aus Deutschland: http://www.forumjustizgeschichte.de/Prof__Dr__Ingo.26.0.html
wurde am 13.12.35 gebildet (in Historische Fehlentscheidungen:
Geburtsfehler des öffentlich-rechtlichen Gesundheitswesens) http://home.broadpark.no/~wkeim/files/geschichte_gesundheitswesen.htm
- Law on legal advice of 13. December 1935 about to fall? http://home.broadpark.no/~wkeim/files/031213rberg-en.htm
- Anwaltsmachterhalt mit kostenlosem Rechtsrat: http://www.adversario.de/article254.html
- The Schavan case, Berufsverbote from
the cold war time are back in Baden-Württemberg and Hesse (Germany): http://www.gegen-berufsverbote.de/lib/international/chronoenglish.html.
- Letter to Human Rights Commissioner of the Council of Europe
about lack of access to information in Germany: http://home.broadpark.no/~wkeim/files/coe-complaint.htm
- 26. December 2003: Letter to Council of Europe about the
situation in Germany: http://home.broadpark.no/~wkeim/files/coe-031226.htm
- 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
- Comment to Caroline judgement: http://www.vbzv.de/rundschreiben/2004/RS-35-04/RS35-04.html
- German Press Council supported this critic of human rights:
and sees a danger for press freedom: http://www.presserat.de/Show_Press_Release.229+M59a668525e5.0.html?&encryptionKey=434fdfgfh4Efdfd.
- German citizens have no right to get
a fair justified answer to petitions: http://home.broadpark.no/~wkeim/files/030310bvg-en.htm.
- Who is
responsible that patient rights are insufficient in Germany?:
- Dissident Helmut Palmer: http://www.eucars.de/violatio/essay/violaeng.htm#Palmer
- Keim against Germany application No.
41126/05 at the European Court of Justice for human rights: http://home.broadpark.no/~wkeim/files/echr-061101.htm
- October 2006: Access to information failed in 8 German
Dec. 2006: President of the European Court for Human Rights puts Germany on
German with comments)
- 21. November
2006: What will the Commissioner for Human Rights report on visiting
- 02. January 2007: The German
Presidents letter to Government and Parliament Declaring Consumer Information
Law obviously unconstitutional. Why is the Human Right of Freedom of
Information about Food taken away from Citizens although 90% Wished it
according to Polls?