BAHNER LAW FIRM 2020/4/3 – Beate Bahner, a lawyer from Heidelberg, Germany, who’s specialized in medical law, announces that she will file cases against the Baden-Württemberg (Germany) Corona Regulation: The measures taken by the federal and state governments are blatantly unconstitutional and violate a large number of basic rights of German citizens.
This applies to all Corona regulations of the 16 federal states. In particular, these measures are not authorized by the Infection Protection Act, which was frantically revised just a few days ago.
The restrictions on movement and the contact bans, based on worst case scenarios (without taking into account critical expert opinions), as well as the complete closure of companies and businesses without any evidence of any risk of infection from them are grossly unconstitutional.
Because the available numbers and statistics show that the corona infection affects 95% of the population without harm, it therefore does not pose a serious danger to the general public. Though, special attention must be given to risk groups including the elderly and the people with pre-existing conditions (approximately 4.5% of the population).
These people must be protected by both the government and the risk groups themselves. For example, through monitoring the care and retirement homes, by explaining virus transmission (only through droplets), through hygiene measures and measures to keep distance.
Medical staff in hospitals, retirement homes and nursing services still have to receive the necessary supplies from the federal government!
Beate Bahner explains that she will go to the Federal Constitutional Court because the radical measures taken by the government, that limit the movement of 83 million people and that paralyze the entire economy for many weeks, are neither due to the number of cases nor due to studies. The really necessary measures, on the other hand, are still not implemented.
Also more testing is needed of people who have a lot of contact with the risk groups. These are the nurses as well as their family members, including the children who visit the elderly. The supermarket employees who come into contact with hundreds of people every day.
More random test samples from the population must be collected and studied to determine the actual spread (likely a much higher number of infections) and the actual percentage of severe illness (probably much lower than is now assumed). The death rate for Covid19, according to experts, is only 0.1% (that is one person out of 1,000 infected and therefore comparable to a severe flu epidemic).
Above all, autopsies must determine who died ‘from’ or ‘with’ Corona because it involves mostly old people who already had several illnesses. We also need a fair representation of the death toll, because even without covid19 around 2,500 people die every day, that includes around 900 people in nursing homes. In Germany 900,000 people die every year! A correct scientific approach is needed now, as well as correctly informing the people!
In particular, the Federal Minister of Health, Spahn, must finally implement the measures that the Infection Protection Act says his Department is responsible for: Securing supplies of necessary medical devices, laboratory diagnostics, personal protection equipment and disinfectants.
The shutdown, unique in 70 years, that the Infection Protection Act explicitly doesn’t authorize seriously violates the constitutional obligation of the state to protect the freedom and health of the public.
These government actions destroy all the principles of our constitution, which we celebrated so proudly just months ago with its 70th anniversary.
Beate Bahner: “I am really shocked and I never want to blame myself for not having acted as a lawyer in defense of the country, with everything that I have! Because the consequences for the community, the economy, democracy and above all people’s health are devastating.”
The lawyer demands that this shutdown ends immediately!
Beate Bahner has been a lawyer for 25 years and works for the BAHNER law firm in Heidelberg. She has won 3 cases at the constitutional court, for complaints about violations of the freedom of profession. Beate Bahner is the author of five medical law books and numerous publications and contributions. Her last book deals with the topic “Law to Combat Corruption in Health Care.