Draft including short description in English

Supporting documentation to
Human Rights Committee c/o OHCHR-UNOG,
Petition Team

Annex with supporting documentation for Individual Human Rights Complaint: Denial of Access to Information in Germany

A complain to UN Human Rights Committee was filed. 29. June 2019 the Centre for Law and Democracy send a detailed complaint to Human Rights Committee c/o OHCHR-UNOG, Petition Team. Annexes.

The chronological summaries from A to K for administrative remedies are short. National and European court remedies from point 1 to 8 contain summaries with points most relevant.

A petition was filed 25 October 2007 to the Bavarian parliament Landtag: “Implement proposals of the Commissioner for Human Rights and train judges (...) in human rights, make the judiciary independent and subject it to the law” (P II/VF.0126.16. Link to German version: http://wkeim.bplaced.net/files/petition_ba-m.htm)

Follow up 25. March 2009 to the Bavarian parliament Landtag: “Build trust, not mistrust: ratify the Council of Europe Convention on Access to Official Documents” (Link to German version: http://wkeim.bplaced.net/files/090325ba.html).
The committee of the parliament decides 8. September 2009: “The petition will be considered settled due to the government's explanation” (Link to German version: http://wkeim.bplaced.net/files/091104ba.pdf ).
The Bavarian ministry of Interior justifies 22. June 2009 in a long letter why access to information is rejected ((Link to German version: http://wkeim.bplaced.net/files/090622ba.pdf)

Administrative remedies

  1. 3. July 2008 the Bavarian parliament answered: "The petition is finished on the basis of the statements of the government." This means the suggestions are dismissed. (Link to German version: http://wkeim.bplaced.net/files/080703ba.pdf)

  2. 08. August 2008: Application to parliament to access statements of Bavarian State Ministry of Justice (StMJ) and the Bavarian State Ministry of Interior (StMI). In addition to ECHR Art. 10 and ICCPR Art. 19 (2) the claimant does not have a legitimate interest. (Link to German version: http://wkeim.bplaced.net/files/080808ba.htm)

  3. 25. August 2008: The Parliament refused to give access to these statements, because it was written for the parliament only. (Link: http://wkeim.bplaced.net/files/080825ba.pdf)

  4. 05. September 2008: Application to access statement of the Bavarian ministry of interior (Link to German version: http://wkeim.bplaced.net/files//080905ba.htm)

  5. 08. September 2008: Application to access opinion of the Bavarian ministery of justice. (Link to German version: http://wkeim.bplaced.net/files/080908ju.htm)

  6. 17. September 2008: Ministry of justice refuses access, because it was written for the parliament. (Link to German version: http://wkeim.bplaced.net/files/080917ba.pdf)

  7. 19. September 2008: Ministery of interior refuses access, because it was written for the Bavarian parliament.(Link to German version: http://wkeim.bplaced.net/files/080919ba.pdf) .

  8. 13. December 2011 access was again requested, because the human right of access to information (Art. 10 ECHR, Art. 19 ICCP) is implemented by law by more than 115 states with 5.9 billion inhabitants. 12 of 16 German local states had followed this progress adopting access to information laws. (Link to German version: http://wkeim.bplaced.net/files/ifg-einsicht.htm)

  9. The request was rejected by the G. Bavarian parliament 23. January 2012 (Link to German version: http://wkeim.bplaced.net/files/120123ba.pdf)

  10. Letter to the Bavarian parliament: “Access to the file opinion on rejection of the proposals by the Commissioner for Human Rights” Clarification of the request. (Link to German version: http://wkeim.bplaced.net/files/120126ba.html)

  11. The Bavarian parliament 31. January 2012 replied that they negate access to files, usually. (Link to German version: http://wkeim.bplaced.net/files/120131ba.pdf)

National and European court remedies

  1. Claim: The Complaint of 14. July 2012 to the Administrative Court (Verwaltungsgericht) München case VG München Keim ./. Bavaria Az. M 17 K 12.3408 “Access of files of the Ministries of the Interior and the Ministry of Justice regarding the rejection of the proposals of the Commissioner for Human Rights by petition II/VF.0993.15 according to Art. 19 (4), 20 (3), Art. 25 Basic Law, Art. 5 Basic Law in connection with Art. 19 (2) ICCPR and Art. 10 ECHR, Art. 13 ECHR, Art. 10 ECHR, Art. 19 ICCPR”
    The claim applies for access to statements of the Bavarian State Ministry of Justice (StMJ) and the Bavarian State Ministry of Interior (StMI) to reject the proposals of the CoE Human Rights Commissioner Thomas Hammarberg. The claim named the relevant norm Art. 29 (I) BayVWVfG and § 9 AGO (general german rules)
    (Link to German version: http://wkeim.bplaced.net/files/vgm-2012.htm)

  2. Decision 13. June 2013 of the The Administrative Court (Verwaltungsgericht) München case VG München Keim ./. Bavaria Az. M 17 K 12.3408 denied access to documents:
    “Access is denied. The complainant has to pay the costs. .. The amount of controversy was set to € 5000.- (five thousand EURO). Appeal is denied.” The applicant has no claim by Bavarian Law and the claimant does not have a legitimate interest.
    (Link to German version: http://wkeim.bplaced.net/files/vgm-urteil.pdf , Critic of judgement)

  3. Application 25. July 2013 (written by lawyer) applied for leave to appeal to Higher Administrative Court 5. because of violation of basic rights Article 5 and Article 2 Basic law, Art. 10 ECHR and Art. 19 ICCPR (confidential link in German: http://wkeim.bplaced.net/files/130725-KEI-VGT-Munchen.pdf for the Petition team only)

  4. Decision of 14. February 2014 of the Higher Administrative Court (Verwaltungsgerichtshof) BayVGH BayVGH Az. 5 ZB 13.1559
    "The appeal is rejected by sentence which is final."
    (Link to German version: http://openjur.de/u/680803.html )

  5. 13. March 2014 (written by lawyer) complaint to Constitutional Court because of violation of basic rights Article 5 (1) and Article 2 Basic law, Art. 10 ECHR and Art. 19 ICCPR (2) (confidential link in German: http://wkeim.bplaced.net/files/140406 KEI-02-Verfassungsbeschwerde.pdf for the Petition team only) (Basis ideas for Constitutional complaint 2014: http://wkeim.bplaced.net/files/vgm-130706.html)

  6. Decision 13. January 2016: The complaint is not accepted by the Constitutional Court:
    “According to § 93 b in connection with 93 a BVerfGG (Federal Constitutional Court Act) the decision is: The complaint is not accepted. A reason is not given according to § 93 d Abs. 1 Satz 3 BVerfGG”
    (Link to German version: http://wkeim.bplaced.net/files/2016-Beschluss_Bundesverfassungsgericht.pdf )

  7. 14. February 2016: Complaint to European Court of Human Rights, Applicatio no. 13912/16: “The refusal by the Bavarian State Ministry of Justice (StMJ) and the Bavarian State Ministry of Interior and the Bavarian Land Parliament to give access in the files violates the applicant's rights under Article 10 ECHR and Article 19 (2) of the ICCPR.” See: http://wkeim.bplaced.net/files/echr-13912-16-complaint-p5-10.pdf

  8. Decision of 30 June 2016 of the European Court of Human Rights decided. “(T)he admissibility criteria (…) have not been met”. See: http://wkeim.bplaced.net/files/echr-13912-16.pdf 

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Walter Keim
Netizen: http://walter.keim.googlepages.com
Is it possible to enforce access to information in Bavaria?
http://wkeim.bplaced.net/files/enforce_access_to_information.html