Deutsch auf Deutsch: http://home.broadpark.no/~wkeim/files/0511labw.htm  

Walter Keim, Email: walter.keim@gmail.com                                      
Torshaugv. 2 C                                              
N-7020 Trondheim, den 11. November 2005

 


Geschäftsstellenleiter Oestreicher
Doctors Court (Landesberufsgericht für Ärzte)
Jahnstr. 40,
D-70597 Stuttgart

 

Case: LBGÄ Nr. 02/05: Letter of 1. November 2005: Denial of Access to documents

I immigrated 5. February 1982 to the European "area of freedom, security and justice" with a "guarantee for the principles of democracy and respect for human rights, which will be guaranteed by the Fundamental Rights Agency.

The European "area of freedom, security and justice" can be characterized by the Charter of Fundamental Rights of the EU1 giving Freedom of Information in Article 42, access to documents in Article 41 (2), the right to complain in Article 43 (Ombudsman) and the right to fair answers within reasonable time in Article 41 (1).

In protest against human right violations in Baden-Wurttemberg and Germany (on which I tried to make pubic authorities aware of7) I gave also up my address in Germany 2002 2 (which I had since birth in 1948).

I complaint to the EU Commission about the lack of access documents in Germany, who answered 14 July 20059:

"I would like to stress you that, if a person considers that his or
her fundamental rights have been violated, the possibility of
appealing to the European Court of Human Rights, after exhaustion of
all domestic remedies, offers him or her guaranteed protection as the
ultimate means."

Therefore I complaint to the Federal Constitutional Court 3 (1 BvR 2565/05) about the sentence of the Doctors court LBGÄ Nr. 02/05. If the constitutional court will not rule according to the European "area of freedom, security and justice" and does not give a guarantee to always be committed  to the TREATY ON EUROPEAN UNION, European Convention on Human Rights and Fundamental Freedoms (ECHRFF), International Covenant on Civil and Political Rights (ICCPR) and the Charter of Fundamental Rights of the EU the case will be brought to the ECHR.  In addition the UN Petition Team 4 was informed and the European Parliament (my "Home parliament") will be contacted 10. December 2005 6 with the suggestion to start consultations to avoid to have to expel Germany. The Parliamentary Assembly Council of Europe will be contacted 1. January 2006.

I suppose that the administrative court will respect Article 46 of the ECHR: "Any of the High Contracting Parties may at any time declare that it recognises as compulsory ipso facto and without special agreement the jurisdiction of the Court in all matters concerning the interpretation and application of the present Convention", and therefore the bill for court costs will be stopped until the ECHR has come to a decision 5 (my "Home court").

It seems that the court could not free itself from doctors court prosecutor Gernot Blessing8 of the districts court Nordwürttemberg. He is no good choice from a patients' rights view.

Being a part of this procedure, which is a joke in many ways you should not be polemic and refer to the answer of 13.9.05, because the letter of 30.11.05 asks only for new documents. You deny access to the letter of the doctors association of Bezirksärztekammer to the doctor, releasing the doctor from his duties. I refer to their judgement of the Constitutional Court (BVerfG) 1 BvR 1130/98 of 16.9.1998 that access to documents is based on constitutional rights Article. 1 Abs. 1 in connection with Article 2 Abs. 1 Basic Law). Do you protect the doctors association Nordwürttemberg by denying access?

I demand access to documents according to StPO § 406e Abs. 5 by sending copies to my address:

  1. Letter of district doctors chamber (Bezirksärztekammer Nordwürttemberg) to the doctor (answer to his letter of 21. June 2000), in which he is "released" from his duties to patients. This letter was forgotten 13. September 2005.
  2. Letter to state doctors chamber (Landesärztekammer) to district doctors chamber (Bezirksärztekammer) dated between 12. June 2001 and 18. June 2001
  3. Letter of district doctors chamber (Bezirksärztekammer) of 18. June 2001 to doctor

I suppose the copies are free of charge.

 

Walter Keim
Promotion of Human Rights in Germany: http://home.broadpark.no/~wkeim/files/echr-complaint.htm, http://home.broadpark.no/~wkeim/files/un-0509.htm and http://home.broadpark.no/~wkeim/files/petition-hr.htm

Copy:

Appendix (published in the Internet):

  1.  Charta der Grundrechte der Europäischen Union: http://www.sidiblume.de/info-rom/europa/2000c364_01.htm
  2.   Jahre 2002 gab ich meinen Wohnsitz in Deutschland auf: http://home.broadpark.no/~wkeim/files/040307eu.htm http://home.broadpark.no/~wkeim/files/040307eu.htm
  3.  Constitutional Complaint of 3.11.05: http://home.broadpark.no/~wkeim/files/lbgae-bvg-051103.htm
  4.  Complaint UN Petition Team: http://home.broadpark.no/~wkeim/files/un-0509.htm
  5. 11. November 2005: Complaint to ECHR: http://home.broadpark.no/~wkeim/files/echr-complaint.htm 
  6. 10 December 2005: Planned petition to the European Parliament: http://home.broadpark.no/~wkeim/files/petition-hr.htm
  7.  Human Right Violations in Germany: Freedom of Opinion, Information, Association and Right to Fair Trial: http://home.broadpark.no/~wkeim/files/de_human_rights.htm
  8.  Doctors court prosecutor Gernot Blessing: http://home.broadpark.no/~wkeim/files/blessing-en.htm 
  9.  EU Commission answered 14 July 2005: http://home.broadpark.no/~wkeim/files/eu-050714.pdf

 

Answer:

 

PS: Thank you all for informing me. Please do not hesitate to contact me: walter.keim@gmail.com.

 

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