Austrian Constitutional Court's questions to the Health Minister, 26 January 2022
Posted 21.2.22
The Constitutional Court of Austria wrote to the Health Minister on 26 January 2022 asking him fundamental questions about the whole "Covid" scam, to be answered by 18 February 2022. To my knowledge, these questions have not been answered. Instead, the government held a press conference just before the due date that gave the impression that the measures were to be relaxed. However, this appears to be an attempt to cover up the Health Minister's inability to answer these questions because there will be no relaxation of the measures as far as I can see. Perhaps there might be a temporary, and very slight, relaxation in the provinces, but not in Vienna, where the mayor has consistently been stricter than those of the provinces (the Bundeslaender). To date, I have no information that the Health Minister has attempted to answer these questions.
If these questions had been posed to all governments at the beginning of this pandemic charade, we would have quickly seen the end of all these nonsensical measures. In earlier times, we might have expected journalists to ask these questions - unfortunately, journalism is dead and we are without the protection of the fourth estate.
The original document is available at the following link, courtesy of Wochenblick, an online magazine that has dared to question government policy during "Covid": https://www.wochenblick.at/wp-content/uploads/2022/01/vfgh-hauer-schreiben.pdf
Here is a translation from an online translator:
CONSTITUTIONAL COURT
Freyung 8, 1010 Vienna
V 11/2022-4
Federal Minister for Social Affairs, Health, Care and Consumer Protection
Stubenring 1, 1010 Vienna
In the above-mentioned ordinance review proceedings, the following information is requested by 18 February 2022, also in preparation for a possible oral hearing:
1. In the ordinance files on the ordinances issued on the basis of the COVID-19-MG, reference is made in particular to figures of persons hospitalised in connection with COVID-19 in normal or intensive care units as well as to figures of deceased persons. According to a report in the daily newspaper Die Presse of 11 October 2021 ("Geimpfte im Spital: Wirkt die Impfung überhaupt?" (Vaccinated persons in hospital: Does the vaccination work at all?)), according to official information, "for example, when patients are in intensive care due to kidney failure who happen to be tested positive for Corona", these would count "as Corona cases".
The Constitutional Court therefore requests information as to whether the hospitalisation or death figures stated in the ordinance files include all persons infected with SARS-CoV-2 who are hospitalised in normal or intensive care units in hospitals or who have died "of or with" SARSCoV-2? If so, why is this method of counting chosen? Furthermore, the Constitutional Court requests - if applicable - a breakdown of these figures by:
- Persons who died of COVID-19, Persons who died with COVID-19, and persons who died (asymptomatically) with SARS-CoV-2.
- Persons hospitalised in intensive care units for COVID-19, persons hospitalised in intensive care units for another indication but who also had COVID-19 and, finally, people hospitalised in ICUs for another indication who were infected with SARS-CoV-2 (asymptomatic or with a mild course not requiring hospitalisation).
- Persons hospitalised in normal wards for COVID-19, persons hospitalised in normal wards for another indication but also suffering from COVID-19, and persons hospitalised in normal wards for another indication and infected (asymptomatically or with a mild course not requiring hospitalisation per se) with SARS-CoV-2.
The Constitutional Court requests information on the respective figures, on the one hand, in total (broken down by age cohorts) and, on the other hand, for 25 January 2022.
2. What is the average age and what is the median age of people hospitalised for COVID-19 in normal wards and intensive care units, as well as of people who died from COVID-19?
3.1 What is the number of deaths per 100,000 cases of the disease according to age cohorts and gender? What is the number of hospitalisations in normal or intensive care units per 100,000 cases of the disease? What is the number of hospitalisations in normal or intensive care units per 100,000 cases of disease by age cohort and gender?
3.2 What is the number of deaths per 100,000 infections by age cohort and gender? What is the number of hospitalisations in normal or intensive care units per 100,000 infections? 100,000 infections by age cohort and gender?
3.3 What is the number of deaths per 100,000 inhabitants by age cohorts and gender? What is the number of hospitalisations in normal and intensive care units per 100,000 inhabitants? 100,000 inhabitants by age cohorts and gender?
4. Which virus variants were present in infected persons, hospitalised persons and deceased persons on 1 January 2022, on 25 January 2022 and on the current day, and in what percentages?
5. What is the percentage allocation of infections to areas of life (such as family, work, shopping [basic supplies, other goods], various leisure activities)?
6. By what factor does wearing an FFP2 mask indoors or outdoors reduce the risk of infection or transmission?
7. How are the vaccination rates (broken down by single, double, triple vaccination) distributed among age cohorts?
7.1 In terms of omicron infections: What was the average 7-day incidence in January 2022 among persons without vaccination against COVID-19, among persons after the second vaccination but before 14 days had elapsed after the second vaccination, then among persons with completed vaccination "basic immunisation" (without "booster vaccination") and finally among persons with "booster vaccination"?
7.2 By what factor does COVID vaccination reduce the risk of severe courses? In media reports there was talk of up to 95%. Now the - general (not differentiated according to age (not differentiated by age and state of health) - currently seems to be 0.1516 % (cf. AGES dashboard). How does a stated vaccination efficacy of, for example, 95% relate to this? What do absolute and relative risk reduction mean in this context?
7.3 To what extent do a first vaccination, a second vaccination and a third vaccination reduce the risk of being hospitalised in a normal ward or in an intensive care unit because of COVID-19 or of dying from COVID-19? Does this measure depend on the (prevailing) virus variant?
7.4 According to media reports, the protective effect of COVID vaccinations decreases with the passage of time. Is this true? How high is the protection factor after a second vaccination with the most frequently used vaccine three months, six months and nine months after the second vaccination? Please state the absolute and relative risk reduction in each case.
7.5 What is the proportion of first, second and third time vaccinated persons among those hospitalised with COVID-19 and SARS-CoV-2?
7.6 It seems to be scientifically established that persons with COVID vaccination can also become infected with SARS-CoV-2, contract COVID-19 and transmit SARS-CoV-2. How much does COVID vaccination reduce the risk of infection, illness and transmission? If this measure depends on the number of vaccinations and/or the time elapsed since the last vaccination, please provide a more detailed breakdown.
8.1 With what probability does a negative molecular biological test for SARS CoV-2 (§ 2 para. 2 no. 3 of the 6th COVID-19-SchuMaV as amended by Federal Law Gazette II 24/2022) rule out the possibility that the person tested can infect other persons with SARS CoV-2 within 72 hours of taking the test?
Taking into account the incubation period, how long from the (negative) test is it (with the highest probability) impossible for a person who has tested negative to transmit SARS-CoV-2 viruses?
8.2 What is the risk of transmission in a person infected with SARS-CoV-2 with a second vaccination three, six or eight months ago compared to an unvaccinated person whose negative PCR test is 24 hours ago?
9.1 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of an unvaccinated 25-year-old over a period of one year?
9.2 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of a 25-year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth and ninth month after the second vaccination, converted to the period of one year?
9.3 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of an unvaccinated 65-year-old over a period of one year?
9.4 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of a 65-year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth and ninth month after the second vaccination, calculated over the period of one year?
9.5.1 The so-called "lockdown for the unvaccinated" cannot exclude an infection, e.g. in the family or at work, but it can exclude an infection in a restaurant. With reference to the allocation of infection risks to areas of life (above 5), by how many percentage points does the "lockdown for the unvaccinated" reduce the infection risk of an unvaccinated person (basis: infection risk without "lockdown for the unvaccinated" = 100)?
9.5.2 The "lockdown for the unvaccinated" is likely to be based, among other things, on the consideration that persons without COVID vaccination have a higher risk of hospitalisation than vaccinated persons, which is likely to entail a higher risk for the health system. Now, the risk of hospitalisation is also likely to depend significantly on age. Vaccination coverage rates are likely to vary by age cohort. In any case, the vaccination coverage rate across all age groups is likely to be around 75% "second vaccinations". The incidence of infection is also likely to be distributed differently across different areas of life, with the "lockdown" for the unvaccinated likely to exclude only certain sources of infection for them. Taking into account these parameters as well as the measure of risk reduction through a second vaccination, what effect, expressed as a percentage, does the "lockdown for the unvaccinated" have on the hospital burden?
Or in absolute figures, the AGES dashboard shows 1049 COVID-19 patients in normal wards and 194 COVID-19 patients in intensive care units for 24 January 2022. By how many beds would the bed occupancy rate in normal and intensive care units be higher if there were no "lockdown for the unvaccinated"?
10. The daily newspaper Der Standard reported on 2 December 2021 under the headline "Fewer COVID-19 victims than last autumn, but higher excess mortality" that there were one third fewer COVID-19 deaths compared to the previous year, but at the same time a weekly excess mortality in the three-digit range. Is this true? If so, what was the total excess mortality in 2021 that could not be explained by COVID-19 deaths, and what is the explanation for this excess mortality?
If these questions had been posed to all governments at the beginning of this pandemic charade, we would have quickly seen the end of all these nonsensical measures. In earlier times, we might have expected journalists to ask these questions - unfortunately, journalism is dead and we are without the protection of the fourth estate.
The original document is available at the following link, courtesy of Wochenblick, an online magazine that has dared to question government policy during "Covid": https://www.wochenblick.at/wp-content/uploads/2022/01/vfgh-hauer-schreiben.pdf
Here is a translation from an online translator:
CONSTITUTIONAL COURT
Freyung 8, 1010 Vienna
V 11/2022-4
Federal Minister for Social Affairs, Health, Care and Consumer Protection
Stubenring 1, 1010 Vienna
In the above-mentioned ordinance review proceedings, the following information is requested by 18 February 2022, also in preparation for a possible oral hearing:
1. In the ordinance files on the ordinances issued on the basis of the COVID-19-MG, reference is made in particular to figures of persons hospitalised in connection with COVID-19 in normal or intensive care units as well as to figures of deceased persons. According to a report in the daily newspaper Die Presse of 11 October 2021 ("Geimpfte im Spital: Wirkt die Impfung überhaupt?" (Vaccinated persons in hospital: Does the vaccination work at all?)), according to official information, "for example, when patients are in intensive care due to kidney failure who happen to be tested positive for Corona", these would count "as Corona cases".
The Constitutional Court therefore requests information as to whether the hospitalisation or death figures stated in the ordinance files include all persons infected with SARS-CoV-2 who are hospitalised in normal or intensive care units in hospitals or who have died "of or with" SARSCoV-2? If so, why is this method of counting chosen? Furthermore, the Constitutional Court requests - if applicable - a breakdown of these figures by:
- Persons who died of COVID-19, Persons who died with COVID-19, and persons who died (asymptomatically) with SARS-CoV-2.
- Persons hospitalised in intensive care units for COVID-19, persons hospitalised in intensive care units for another indication but who also had COVID-19 and, finally, people hospitalised in ICUs for another indication who were infected with SARS-CoV-2 (asymptomatic or with a mild course not requiring hospitalisation).
- Persons hospitalised in normal wards for COVID-19, persons hospitalised in normal wards for another indication but also suffering from COVID-19, and persons hospitalised in normal wards for another indication and infected (asymptomatically or with a mild course not requiring hospitalisation per se) with SARS-CoV-2.
The Constitutional Court requests information on the respective figures, on the one hand, in total (broken down by age cohorts) and, on the other hand, for 25 January 2022.
2. What is the average age and what is the median age of people hospitalised for COVID-19 in normal wards and intensive care units, as well as of people who died from COVID-19?
3.1 What is the number of deaths per 100,000 cases of the disease according to age cohorts and gender? What is the number of hospitalisations in normal or intensive care units per 100,000 cases of the disease? What is the number of hospitalisations in normal or intensive care units per 100,000 cases of disease by age cohort and gender?
3.2 What is the number of deaths per 100,000 infections by age cohort and gender? What is the number of hospitalisations in normal or intensive care units per 100,000 infections? 100,000 infections by age cohort and gender?
3.3 What is the number of deaths per 100,000 inhabitants by age cohorts and gender? What is the number of hospitalisations in normal and intensive care units per 100,000 inhabitants? 100,000 inhabitants by age cohorts and gender?
4. Which virus variants were present in infected persons, hospitalised persons and deceased persons on 1 January 2022, on 25 January 2022 and on the current day, and in what percentages?
5. What is the percentage allocation of infections to areas of life (such as family, work, shopping [basic supplies, other goods], various leisure activities)?
6. By what factor does wearing an FFP2 mask indoors or outdoors reduce the risk of infection or transmission?
7. How are the vaccination rates (broken down by single, double, triple vaccination) distributed among age cohorts?
7.1 In terms of omicron infections: What was the average 7-day incidence in January 2022 among persons without vaccination against COVID-19, among persons after the second vaccination but before 14 days had elapsed after the second vaccination, then among persons with completed vaccination "basic immunisation" (without "booster vaccination") and finally among persons with "booster vaccination"?
7.2 By what factor does COVID vaccination reduce the risk of severe courses? In media reports there was talk of up to 95%. Now the - general (not differentiated according to age (not differentiated by age and state of health) - currently seems to be 0.1516 % (cf. AGES dashboard). How does a stated vaccination efficacy of, for example, 95% relate to this? What do absolute and relative risk reduction mean in this context?
7.3 To what extent do a first vaccination, a second vaccination and a third vaccination reduce the risk of being hospitalised in a normal ward or in an intensive care unit because of COVID-19 or of dying from COVID-19? Does this measure depend on the (prevailing) virus variant?
7.4 According to media reports, the protective effect of COVID vaccinations decreases with the passage of time. Is this true? How high is the protection factor after a second vaccination with the most frequently used vaccine three months, six months and nine months after the second vaccination? Please state the absolute and relative risk reduction in each case.
7.5 What is the proportion of first, second and third time vaccinated persons among those hospitalised with COVID-19 and SARS-CoV-2?
7.6 It seems to be scientifically established that persons with COVID vaccination can also become infected with SARS-CoV-2, contract COVID-19 and transmit SARS-CoV-2. How much does COVID vaccination reduce the risk of infection, illness and transmission? If this measure depends on the number of vaccinations and/or the time elapsed since the last vaccination, please provide a more detailed breakdown.
8.1 With what probability does a negative molecular biological test for SARS CoV-2 (§ 2 para. 2 no. 3 of the 6th COVID-19-SchuMaV as amended by Federal Law Gazette II 24/2022) rule out the possibility that the person tested can infect other persons with SARS CoV-2 within 72 hours of taking the test?
Taking into account the incubation period, how long from the (negative) test is it (with the highest probability) impossible for a person who has tested negative to transmit SARS-CoV-2 viruses?
8.2 What is the risk of transmission in a person infected with SARS-CoV-2 with a second vaccination three, six or eight months ago compared to an unvaccinated person whose negative PCR test is 24 hours ago?
9.1 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of an unvaccinated 25-year-old over a period of one year?
9.2 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of a 25-year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth and ninth month after the second vaccination, converted to the period of one year?
9.3 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of an unvaccinated 65-year-old over a period of one year?
9.4 What is the COVID-related hospitalisation risk (normal ward or intensive care unit) of a 65-year-old who has been vaccinated twice with the most common vaccine in Austria in the third, sixth and ninth month after the second vaccination, calculated over the period of one year?
9.5.1 The so-called "lockdown for the unvaccinated" cannot exclude an infection, e.g. in the family or at work, but it can exclude an infection in a restaurant. With reference to the allocation of infection risks to areas of life (above 5), by how many percentage points does the "lockdown for the unvaccinated" reduce the infection risk of an unvaccinated person (basis: infection risk without "lockdown for the unvaccinated" = 100)?
9.5.2 The "lockdown for the unvaccinated" is likely to be based, among other things, on the consideration that persons without COVID vaccination have a higher risk of hospitalisation than vaccinated persons, which is likely to entail a higher risk for the health system. Now, the risk of hospitalisation is also likely to depend significantly on age. Vaccination coverage rates are likely to vary by age cohort. In any case, the vaccination coverage rate across all age groups is likely to be around 75% "second vaccinations". The incidence of infection is also likely to be distributed differently across different areas of life, with the "lockdown" for the unvaccinated likely to exclude only certain sources of infection for them. Taking into account these parameters as well as the measure of risk reduction through a second vaccination, what effect, expressed as a percentage, does the "lockdown for the unvaccinated" have on the hospital burden?
Or in absolute figures, the AGES dashboard shows 1049 COVID-19 patients in normal wards and 194 COVID-19 patients in intensive care units for 24 January 2022. By how many beds would the bed occupancy rate in normal and intensive care units be higher if there were no "lockdown for the unvaccinated"?
10. The daily newspaper Der Standard reported on 2 December 2021 under the headline "Fewer COVID-19 victims than last autumn, but higher excess mortality" that there were one third fewer COVID-19 deaths compared to the previous year, but at the same time a weekly excess mortality in the three-digit range. Is this true? If so, what was the total excess mortality in 2021 that could not be explained by COVID-19 deaths, and what is the explanation for this excess mortality?
Vienna, 26 January 2022
From the Constitutional Court:
Dr. HAUER
From the Constitutional Court:
Dr. HAUER
Addressed to:
1st Federal Minister for Social Affairs, Health, Care and Consumer Protection, Stubenring 1, 1010 Vienna;
2. Ulrike Reisner and others, for the attention of RA Stix Rechtsanwälte Kommandit-Partnerschaft, Rotenmühlgasse 11/10, 1120 Vienna, attn.
1st Federal Minister for Social Affairs, Health, Care and Consumer Protection, Stubenring 1, 1010 Vienna;
2. Ulrike Reisner and others, for the attention of RA Stix Rechtsanwälte Kommandit-Partnerschaft, Rotenmühlgasse 11/10, 1120 Vienna, attn.