Thursday, December 20, 2012

Ministry of Foreign Affairs of the Russian Federation doesn`t see any real problems with compatriots in Germany

Гарри Мурей высказал свою точку зрения на представленный в начале декабря доклад МИД РФ о ситуации с обеспечением прав человека в ЕС, которую ИА REX публиковало ранее. Ниже приводится перевод этой статьи на английский язык.

The position of the head of the Cologne Human Rights Union in Germany, Master of International Law Garry Murey:
Last week, the Commissioner for Human Rights of Ministry of Foreign Affairs of the Russian Federation presented a 73-pages report on the situation of human rights in the EU. The report of the Russian authorities has expressed criticism of the Brussels and separately for 27 countries in the Euro Union. Among the most urgent problems in the EU, the report shows the increase of the neo-Nazism, xenophobia, aggressive nationalism and racism. Each country is represented as a separate chapter.

Besides the common problems with respect basic human rights, the report widely covers the situation with violations on the rights of Russian compatriots living in Latvia, Estonia and Finland. In contrast to last year`s report of the Foreign Ministry, where Germany was focused only on three pages, this time, diplomats were more generous with the eloquence and Germany had devoted as much as 5 pages! Scientific -juridically, and more, from the legal point of view, this report can’t represent a serious favor.  Most of the facts in it are taken from public sources and messages of various print and electronic mass media. At the same time, in the chapter devoted to Germany, there is no mention at all of the really significant political and legal problems in the country. The Russian Ministry of Foreign Affairs is not surprising, for example, that for almost 70 years of post-war Germany, the authorities did not bother to give their people the opportunity to take the legitimate Constitution. In this regard, there are questions such as:  how the Constitutional Court may be called, or speak about the Office for the Constitution Protection, if there is no constitution?  Is it correct in this case, such names of official state authorities and legal capacity of these bodies? Or how could Germany without its own Constitution, to adopt the Constitution of the European Union, how is it from the legal point of view? Or that the referendums in Germany are provided at all levels, except federal.
Further it could be possible to draw the close attention to a very serious fact that, in 2004, the Constitutional Court of Germany (BvR 1481/04) ordered the non-requirement of execution of the European Court in the country. Of particular concern is the situation with the successful implementation of the country`s modern slavery form. In these cases it is a question of hard physical labor with a nominal fee of $ 3 to 5 Euros per hour, working 14 hours a day up to the point of exhaustion, unpaid overtime, with a chronic sleep deprivation, can already provoked a lot of accidents in the workplace.

Not the best situation in the social sector. Despite the fact that the UN has already  sharply criticized social policy in Germany, the authorities continue to force people temporarily out of work, to engage in back-breaking labor of 1.5-2 Euros per hour, while threatening in case of refusal,  deprive them and their relatives necessary medical care and refuse to pay the minimum required for existence.
According to the International Labor Organization (ILO), in Germany yearly 30 million women are enforced into prostitution by force and fraud, using helpless and dependent position of the victims and the ignorance of the laws and their rights. Most of the girls working as prostitutes (in Germany prostitution is legal), actually are sexual slaves for their owners and suffer from constant violence.
Particular attention should be given for the court system in Germany. The country`s justice system is a similarity of the feudal system of the Middle Ages. The judges of higher courts equate themselves to the Archdukes, the judges of the federal land to a kind of princes and counts, municipal judges see themselves as baronets and knights of judiciary. Germany is the only country in the EU, where the judicial authority is appointed, promoted and controlled by the executive government. The composition of judges nominates by the Ministers of Justice of the Federal States. Can also be noted the catastrophic fact from a legal point of view, that 99.9% of the decisions, resolutions and determinations by the German courts, delivered litigants, without judges signatures! It is clear, that the absence of the judicial signature in a court decision can only mean, that this decision has no legal effect and the process is not complete. This practice can be explained by the fact that in Germany there is no State liability for damage arising due actions of a governmental body or public official, every judge is responsible by personal property under German law. Also, totally unacceptable is when the German courts make decisions about putting people in jail for what they are unable to pay its own debt. Such actions have not only inhuman and criminal nature, but also contrary to European and international law. As you know, the European Convention on Human Rights prohibits put a person in a prison for debt, (Article 1 of the Additional Protocol № 4, the protocol signed by Germany in 1968). And finally, the most incredible in its enormity is the fact that Germany is the only country in the world where the provision of free legal aid is forbidden and severely punished by law. The current attorney monopoly in Germany not only limits the average man to have access to justice, but it is also contrary to the European Convention on Human Rights Resolution 217 A (III) of 10 December 1948.
I think that the important problem that deserves attention from the public, is the existence of problems in the field of school education in Germany. For example, Germany is the only country in Europe where the home schooling of children, according to the law which was adopted during the reign of Adolf Hitler`s, completely prohibited. Of course, the law blatantly violates Article 26 of the Universal Declaration of Human Rights, but it does not prevent the German authorities to put contumacious parents in jail or force them to give up their property and to flee the country. In total, summing up, we can say that the Ministry of Foreign Affairs of the Russian Federation expresses well-founded claims of violations of national and international law. But at the same time as in last year, they don`t mention from a legal point of view that the situation of 3,5 millions of Russian-speaking diaspоrа, and more than 500 thousands Russian people living in the country in particular is extremely complicated.
On the pages of the report there are no mentions of hundreds loud cases of the state lawlessness, cynically tragic situations and loud legal procedures over former and present Russian compatriots aren`t specified.   Completely there is no reference on the barbarous treatment and the state racket in relation to the Russian pensioners and veterans that the russian military and labor pensions are taken away, simply by force and under the threat of deprivation of medical providing and with refusing to pay the modest housing.  Those annual twelve lines finishing the German section of the report, telling vaguely "... the obviously biased against them (compatriots) jurisprudence practices by the German authorities at different levels, law enforcement and judicial authorities" definitely can’t be taken more or less seriously.   It is clear, that the definite hesitation of the Ministry of Foreign Affairs of the Russian Federation  to criticize the government of Germany for those gross human rights violations and persecutions of Russian compatriots, not only based on a high degree of economic and political dependence  Moscow from Berlin,  but also shows the evident reluctance to use as directed, allocated from  Russian budget billions of rubles to provide the necessary legal support for members of the largest Russian-speaking diaspora in Europe. We can definitely say that for the last 10-12 years, we do not know of any case when the Russian Ministry of Foreign Affairs takes an effective participation in the protection of the rights of its own citizens living in the 16 German federal states.

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