Letter to the President of the Rechtsanwaltskammer Wien

President
of the Rechtsanwaltskammer Wien
(Vienna Bar Association)
Dr. Michael Auer
Ertlgasse 2/Ecke Rotenturmstraße
1010 Vienna
Austria
Fax: 01/533 27 18-44
E-mail: office@rakwien.at

8 April 2010

Re: Implementation of my rights in the constitutional state of Austria

Dear Dr. Auer,

Because my legal question which I put to my lawyer Dr. Christian Hauer on 18 February 2010 has still not been answered, I take the liberty of addressing the question to you.

My question is simple: what legal possibilities do I have as a citizen and taxpayer in a constitutional state such as Austria so that I get the justice to which I am entitled under the law?

The case is as follows.
In 1976 I applied for approval of my anti-cancer drug UKRAIN for the treatment of patients who had exhausted all other forms of therapy. With my supplementary application in 1981 I applied for approval for the treatment of all cancer patients with my preparation.

Numerous studies have demonstrated that the anti-cancer drug UKRAIN, which is produced from two approved starting substances, is effective against cancer and not toxic at therapeutic dose. According to the law in force at the time all requirements for the approval of my preparation were met. Instead of granting approval for my medicament, which has saved the lives of many people and could save those of many more after approval, the authorities unlawfully continued to make new demands while breaching administrative guidelines.

You can see all the chicanery to which I was exposed from the enclosed letter to Dr. Christian Hauer and the book “Ukrain – Kriminalgeschichte einer Verhinderung” by Dr. Eleonore Thun-Hohenstein (Molden Verlag). Even the decisions of the Higher Administrative Court (Verwaltungsgerichtshof) and the European Court of Human Rights have been ignored.  

Because approval has not been granted only a few affluent patients can afford my preparation since all health insurance institutions refused to cover the costs of treatment with Ukrain (http://www.ukrin.com/fall-hedwig-jakob). This constitutes a violation of the provision of § 95 StGB, failure to provide help. Who should take responsibility for this?

Since I have still not received a reply from Dr. Hauer after almost two months, I ask you to explain my legal possibilities in our constitutional state.

Because this is a matter of public interest I will take the liberty of publishing this letter, as well as your appreciated legal explanation, on the internet.

Best regards,

Dr. Wassil Nowicky