Covid Health Pass

Dr Habig Sentencing Opinion

Article: Dr Habig Sentencing Opinion

Re: the Relevance & State of German Justice following the Sentencing of Dr Habig

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“Justice at its Lowest Ebb”

(Translation from German article in Transition News – July 2, 2023)

[text emphasis in bold by CoronaCases]

“Once we violate the realm of law

and enter the realm of arbitrariness,

I see in it only the beginning of the end.”

Otto von Bismarck

Dear Readers,

Last week, German justice reached its nadir. The medical doctor,Heinrich Habig was sentenced to two years and ten months in prison for issuing vaccination certificates in 207 cases without vaccinating his patients. He has been in pre-trial detention for over a year (here, here and here).

The decision is only a partial verdict. The trial for more than 400 other possible “fake vaccinations” will be continued in a month. If the doctor is also convicted in these cases, he could face up to five years in prison. Probably purely by chance, the law on “issuing false health certificates” was tightened in November 2021.

In his defence, Habig invoked his oath to the medical association. According to their professional code of conduct, he was forbidden to follow instructions which, in his eyes, were against his ethos and humanity. This was exactly the case when people were forced to be “vaccinated”.

As trial observers report, the prosecutor actually stated in her plea that there were no cases of severe side effects of vaccination. Such claims were “contrarian ideology”.

Since the vaccination campaigns began, there has been a high excess mortality worldwide-even the director of the European Medicines Agency, Emer Cooke, has admitted that over 1.7 million adverse reactions had been registered in the EU by February 2023. Pfizer/BioNTech’s Comirnaty alone accounted for almost one million, 0.9 per cent of which were deaths.

In view of these facts, such statements are staggering. Especially in light of the fact that only a minimal fraction of adverse vaccination events are ever reported.

Even more staggering: before the responsible politicians”obliged” people to receive the experimental shot, they knew that it would neither prevent infection nor transmission of the virus (here, here and here). The approval studies had never investigated this either. These are facts, not “contrarian ideologies”.

Humans tend to forget quickly. Therefore, it is worth remembering that the “vaccination campaigns” were an historic attack on the physical integrity and dignity of millions of people. And it must be assumed that governments deliberately drove their citizens onto the open knife.

Will politicians and their hand-picked scientists be held accountable for this? Not in the slightest. Those responsible for this outrageous event will not be prosecuted politically or legally, they will simply be allowed to continue.

The verdict is a disgrace for a democratic country. It brings back memories of the darkest “pandemic” times, of this highly anti-democratic and totalitarian hunt for critics of the official narrative, which in turn was reminiscent of another dark era in German history.

People who followed their conscience and had the courage to speak the truth and act accordingly to protect others from harm were systematically censored, slandered, their existence destroyed and legally persecuted. Nothing has changed in this regard.

This trial is not about justice, but only about making a political example to force people to obey, according to the motto: “Punish one, educate a hundred.”

Sincerely

Wiltrud Schwetje

Keywords

Article, Commentary, Covid Health Pass, free speech, Germany, Green Pass, Habig, Imprisonment, Justice, Microbiology, Passes, Passport, Rights, Schwetje, Transition News

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Vaccine Pass Case: Supreme Court

Vaccine Pass Case: Supreme Court

Re: the Legality of imposing “Passports” to legitimize health as a condition for entering restaurants, hotels, clubs & other hospitality venues

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Facts of the Case

Dates: Feb 2, 2022
Location: Czech Republic
Court: Supreme Court
Case #:
Plaintiff: woman from Brno
Plaintiff’s Lawyer:

Defendant: Health Ministry
Trial Type: Supreme Court
Judge: Chief Justice Peter Mikes
Status: Decided
Verdict: for the Plaintiff

*updated Feb 3, 2022

Background

The Supreme Court -Nejvyšší správní soud (NSS)- heard a lawsuit filed by a woman from Brno challenging the Covid Health Pass aka Digital Green Certificates. The provisions (established Dec 29, 2021) prohibit customers from entering food service establishments, music, dance, gambling and similar social clubs and discos, gambling halls and casinos, and from using short-term and vacation accommodation services unless they meet what the ministry calls “infection-free” conditions. These conditions are either completion of vaccination or having contracted covid-19 within the last 180 days. Only in exceptional circumstances is it possible to prove oneself by PCR test. [1]

This case comes at a time when several European countries are lifting Emergency restrictions, including the UK, Denmark, Bosnia.

Finland’s Prime Minister Sanna Marin has announced that the country will be lifting all Wuhan coronavirus restrictions by mid-February as the country starts easing some restrictions this week. [2] https://t.co/ACwJZuE0vl

Significance

This case is highly important as it challenges the very fundamentals of the Rights of the individual in a “free” society.

Plaintiff’s Argument

…More information is needed…

Defendant’s Argument

…More information is needed…

Relevant Prior Judgements/ Cases

In Spain, [2]

the Basque High Court ruled against the introduction of the vaccine passport for certain venues in November, arguing the measure was unjustified.

Despite the ruling, the vaccine passport was later approved after the case was taken to the Spanish supreme court in December.

Just months prior in August, the Spanish Supreme Court ruled that Spain’s 2020 strict lockdown policies had been unconstitutional but claimed that businesses and people were not eligible to take the government to court to sue for monetary damages incurred during the lockdowns.

Decision

The Supreme Administrative Court (NSS) has dealt another heavy blow to the Health Ministry’s measures restricting the operation of restaurants or accommodation in the fight against the coronavirus pandemic. The court overturned an extraordinary measure, according to which people without completed vaccinations or after an illness were banned from entering catering establishments, clubs and short-term accommodation. [1]
The Supreme Administrative Court of the Czech Republic has ordered the abolition of vaccine passports for restaurants, hotels, and other venues, arguing that the measure is tantamount to vaccination coercion, and therefore not legal. [3]
The judges left the measure in place for one more week, after which it will cease to apply. [1]
Judge Mikeš ruled that the government’s pandemic laws do not allow for the specific regulation of restaurants, clubs and hotels and that measures would only be justified if the government could prove the entire country was at risk of the Wuhan coronavirus or if the government were to enact a state of emergency and use emergency powers to force venues to accept the vaccine passport. [2]

“The Supreme Administrative Court has already stated in the past that the Ministry of Health has no basis for restricting this type of establishment in the so-called Pandemic Act, unless it is technical measures, such as the use of disinfection or the placement of seating,” Mikeš stated. [2]

According to NSS Chief Justice Peter Mikes, the ministry had no support in the pandemic law for restricting services. [1]

“The ministry has no justification for restricting these types of establishments in the so-called pandemic law, unless they are technical measures, such as the use of disinfection or the placement of seating. The ministry could only restrict their activities under the Public Health Protection Act, but only against persons suspected of being infected,” Mikes explained, adding
that not everyone can be suspected of being infected without further ado. This would only be conceivable if the entire Czech Republic was designated as an outbreak.

The aim of the measure cannot be to indirectly force citizens to vaccinate

The state may not force people to vaccinate, referring to the ministry’s argumentation, which is voluntary. [1]

“However, the aim of the measure cannot be to indirectly force citizens to vaccinate. This would turn voluntary vaccination into compulsory vaccination by means of an emergency measure, since unvaccinated persons would have no choice but to be vaccinated if they wanted to live a normal life,” Mikeš stressed. [1]

Supreme Administrative Court Judge Petr Mikes described the measure banning unvaccinated people from going to restaurants as illegal. [1]
“The ministry has three options under the current legislation. [1]

Either assess the situation to be so bad that everyone can be considered suspected of being infected,
or appeal to the government to declare a state of emergency.
And of course there is the option of leaving the area unregulated,” Mikes said.

The SAC erred when it did not address the objection to the recognition of antibodies, the Constitutional Court ruled [1]

“Under the current wording of the Pandemic Act, the Ministry of Health could only adopt a similar regulation if the conditions of the Public Health Protection Act were met. If these conditions are not met, then it is up to the government to decide whether it is able to manage the pandemic without such regulation or whether this is not the case, and if other conditions are met, this is grounds for declaring a state of emergency and adopting similar regulation through a government emergency measure,” Mikes added. [1]

Aftermath

Statement from Prime Minister Petr Fiala

The Czech Republic will stop requiring COVID passes for entry to restaurants and other service or entertainment venues starting next week, opening them up to unvaccinated people, Prime Minister Petr Fiala said. [3]

As Novinky.cz reports, the change will take effect on February 9, following a decision by Czech cabinet ministers on Wednesday evening. [3]

“Taking into account current developments, the government will abolish the obligation to prove with a certificate of vaccination or negative test when entering restaurants, services, cultural and sports events on February 9,” said Prime Minister Petr Fiala (ODS).
According to Fiala, the obligation to wear respirators indoors will remain in force. “According to experts, it proves to be highly effective and at the same time minimally restrictive,” he said.
The limit on the number of participants in mass events will also continue to apply, added Fiala. [3]

Measures requiring mask wearing indoors and limits to the number of people at public events will remain. [3]
Those who have not suffered from covid-19 or are not vaccinated will also be able to enter restaurants and hotels. [3]
Compulsory wide-ranging coronavirus testing at work and in schools will also end on February 18. [3]

Statement from Health Minister Vlastimil Válek

Health Minister Vlastimil Válek (TOP 09) first planned to comment on the verdict at a government press conference. However, he commented on the verdict at the plenary session of the lower house, which is dealing with an amendment to the pandemic law, saying that this is why the norm needs to be adopted. The SPD MPs are complicating its discussion by obstructing it. [1]

The minister supports amendments to the controversial pandemic law, which entail a wider range of COVID-19 restrictions, including the introduction of mandatory testing of entrepreneurs, students, and teachers, as well as a separate set of measures by the defence and interior ministries.

If the amendment to the pandemic law were already in force, the current situation would not have arisen, according to Válek. “This measure would be unassailable,” Válek told the plenary. [1]

Válek told Novosti on Saturday that entry to restaurants for the unvaccinated is under discussion in the Czech Republic. [1]

Despite Válek’s support for more pandemic laws, he also stated

“I believe that in March we will be able to cancel all [coronavirus] measures to the maximum. The current development of the epidemic and the forecast for the near future prove that [it is possible],” Valek said at a meeting with lawmakers. [4]

The Supreme Court has other actions on the table against existing measures, and it is possible that it will overturn them on similar grounds. [1]

Further Research

Court Documents:

Read the Court Ruling

In the news:

…More information is needed…

Media

……

source: ….

….

source: ….

….

source: ….

References

Keyword

antibodies, Chief Justice Peter Mikes, constitution, Constitutional Court, Covid Health Pass, Czech, Czech Republic, Digital Green Certificates, Health Minister, Ministry of Health, Nejvyšší správní soud, NSS, Pandemic Act, Public Health Protection Act, Supreme Court, TOP 09, Unconstitutional, Vaccine, Válek, Vlastimil

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Fake Jab Pass Case

Fake Jab Pass Case

Re: the Legality of a Medical Doctor Certifying a Person as “Vaccinated” when they are not, in order to spare them the Dangers of Injury or Death from a Mandated Untested Toxic Injection.

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Facts of the Case

Dates: June 2023
Location: Germany
Court: Regional Court of Bochum
Case #:
Plaintiff: State prosecutor Tophoff
Defendant’s Lawyer: Wilfried Schmitz

Defendant: Dr. Heinrich Habig, Fatima Habig
Trial Type: Criminal Complaint
Judge: Petra Breywisch-Lepping
Status: Ongoing – Under Appeal
Verdict: Guilty (partial verdict)

*updated July 10, 2023

Background

Dr. Heinrich Habig is a 67 year-old medical doctor with his own practice who, in dealing with patients wishing to avoid taking the Covid-19 injections for valid safety concerns, yet needing to participate in society for work or family needs, issued vaccination certificates without actually injecting his patients. (1)

Dr. Habig was reported to the police by another doctor, observed by the police for a period following which his practice was raided on 21st January 2022 and records removed. (1)

Another sad climax in the case occurred on 14 May 2022 when police officers picked up Heinrich Habig from the flat of an acquaintance and took him to the Bochum correctional institution (JVA). The 67-year-old doctor has now been in pre-trial detention there under strict security measures for over a year. Charges were only brought on 12 November 2022. The trial began in January 2023. (1)

Difficult prison conditions

… Dr. Habig’s wife, Fatima Habig [who is a co-defendant, having been accused of aiding and abetting her husband] was only allowed to visit her husband twice a month under supervision for about one hour. In addition to the presence of a prison officer, the prosecutor Tophoff requested the presence of a woman who listens in on the Habig couple’s conversations – pure harassment, according to lawyer Wilfried Schmitz. During one of these visits, the couple talked about past holidays, which led the prosecution to assume that there was an “increased risk of absconding”. (3)

Due to the allegedly increased risk of escape, the 67-year-old accused was even transported to court in hand and foot cuffs, which were removed from him only shortly before he entered the courtroom. After the trial days, the doctor often had to wait for hours in the cold court cellar, also with hand and foot cuffs on, until he was brought back to the prison. Only when lawyer Schmitz for Heinrich Habig and lawyer Stefan Schlüter for Fatima Habig were called in as elective defence lawyers in February did they ensure that the shackles were removed. (3)

The two grandchildren (eight and ten years old) have only been allowed to visit their grandfather once in prison. Before his pre-trial detention, they were with their grandparents every day. Another human low point occurred on Heinrich Habig’s birthday, which was also the day of the trial: Fatima Habig took two steps towards her husband at the end of the trial day to congratulate him, which promptly led to frantic shouts from the judge for the prison officers, who then prevented the couple from hugging briefly. (3)

A partial verdict was delivered by the judge in the week of June 26th 2023. (2)

An appeal against the verdict is possible.

Significance

First doctor in Germany to be given a severe jail sentence for issuing false vaccination certificates.

Plaintiff’s Argument

As trial observers report, the prosecutor actually stated in her plea that there were no cases of severe side effects of vaccination. Such claims were “contrarian ideology”. (2)

Defendant’s Argument

In his defence, Dr. Habig invoked his oath to the medical association. According to their professional code of conduct, he was forbidden to follow instructions which, in his eyes, were against his ethos and humanity. This was exactly the situation when people were forced to be “vaccinated”. (2)

Relevant Prior Judgements/ Cases

…More information is needed…

Decision

Medical doctor, Heinrich Habig was sentenced to two years and ten months in prison for issuing vaccination certificates in 207 cases without vaccinating his patients. (2)

The trial for more than 400 other possible “fake vaccinations” will be continued in a month. If the doctor is also convicted in these cases, he could face up to five years in prison. Probably purely by chance, the law on “issuing false health certificates” was tightened in November 2021. (2)

Aftermath

Transition News wrote

Last week, German justice reached its nadir … This trial is not about justice, but only about making a political example to force people to obey, according to the motto: “Punish one, educate a hundred.”

Process observer and lawyer Chris Moser commented

that “The reasoning of the judgement leaves a lot to be desired … Only allegations were made, not a single subsumption. According to the court, there are no grounds for justification or excuse. Instead, the court accuses Heinrich Habig of having a ‘hostile attitude towards the law’. (4)(5)