HUMAN RIGHTS AND COMMON LAW

If common law allows in a country to delete legally the evidence of human rights violations , so that they cannot be prosecuted anymore, human rights are a political lie in that country.

There are many states that signed the international agreements on human rights, but impede or prevent enjoying and enforcing them by common law.

In Germany for instance minors and people under guardianship do not have the right to go to court and sue for their human rights themselves . Adult victims of human rights violations often cannot sue for their rights because the evidence for human rights violation is missing. The evidence is missing , because authorities are entitled by ordinary law to delete personal data and files of persons even against their will.

In 1994 I filed legal action at the Administrative Court of Wiesbaden for securing my personal data and files at the Bundeskriminalamt (BKA) against adulteration and deletion, in order to be able to demonstrate violations of my personal- and human rights. However, the Administrative Court and the Hessian Administrative Court of Appeal in Kassel decided that I did not have any right to get my personal data secured. The Federal Constitutional Court did not accept my appeal for a ruling (1 BvR 298/99 of August 5,1999). The European Court of Human Rights declared my complaint inadmissible (54756/00 of November 10, 2000 ).

The German Federal Constitutional Court and the European Court of Human Rights legally could decide that way, however , they would have been legally able to decide also the other way , and by this make an historical contribution to the idea of human rights.

Background information on the case is available in www.humanrightsaction.org/justice/index.html

After having made this personal experience, I like to ask the United Nations , the international Human Rights organisations and the national parliaments and governments , to take steps in order to establish a new constitutional and independent human right: The citizen’s sovereignty to dispose of his personal data and files himself.

I also like to ask these institutions to scrutinise the ordinary law of all countries if it guarantees the enjoyment and the enforcement of the human rights established so far. If ordinary law allows to destroy legally the personal data and files of the victims of human rights violations , the enjoyment and enforcement of human rights are not guaranteed.

Asunción, February 5,2001

Dr. Enno Winkler

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