11 May 2020
Beate Bahner denounced the unconstitutionality of the quarantine measures in Germany and as a result, she was taken into a mental institution in Heidelberg on the night of Easter Sunday.
The news was reported by the Rhein-Neicker-Zeitung, a German local newspaper of the Baden-Württemberg region.
Miss Banher was probably among the first jurists and lawyers in Germany to question the constitutional compatibility of the quarantine decree signed by the federal government.
On April 3, the German lawyer presented a report of 19 pages in which she accurately explained why the lockdown measures were a gross violation of both the German constitution and the law for the containment of infectious diseases.
Miss Banher has her own website and she’s a renowned expert in the field of health law. In previous years, she was awarded a judicial prize for her professional efforts.
Wikipedia has an article dedicated to her biography in which her professional papers are listed.
So this is not certainly the picture of an insane woman. On the contrary, this is the biography of a respected and famous German jurist.
Her latest judicial battle is the one against the quarantine lockdown measures.
Miss Banher has radically questioned the governmental decree and she explained her reasons in one of her latest contributions.
These measures are not justified by the Infection Protection Act, which was quickly revised just a few days ago. Week-long restrictions on going out and bans on contact based on the darkest model scenarios (without taking factual-critical expert opinions into account) as well as the complete closure of companies and businesses without any evidence of infection risk by these businesses and companies are grossly unconstitutional.”
Basically, the point of this judicial observation is quite simple. It’s not possible to detain the German people and to close every economic activity upon the mere presumption that someone could be infected.
This would mean a gross violation of the fundamental movement rights as well as of the ones about the political dissent.
A quarantine can’t end the constitution, as it’s also happening in Italy where basic rights are being suspended in the same way.
Therefore, Banher filed a motion to stop these unconstitutional provisions before the administrative court of the Baden-Württemberg region.
The local judges rejected it but the lawyer didn’t give up her efforts.
She presented another appeal before the Constitutional court which rejected her claims too.
The constitutional judges came to the conclusion that at this moment, the need to protect public health overcomes the need to preserve the constitutional rights guaranties.
The scientific evidence which supports this conclusion is not overwhelming, and a renowned German virologist, Claus Koehnlein, has recently confirmed that the dangerousness of the coronavirus has been grossly overestimated.