Torture in  [Germany]  [other countries]
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Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                gvnet.com/torture/Germany.htm

Federal Republic of Germany

The German economy - the fifth largest economy in the world in PPP terms and Europe's largest - began to contract in the second quarter of 2008 as the strong euro, high oil prices, tighter credit markets, and slowing growth abroad took their toll on Germany's export-dependent economy.

Germany's aging population, combined with high chronic unemployment, has pushed social security outlays to a level exceeding contributions,

The modernization and integration of the eastern German economy - where unemployment still exceeds 30% in some municipalities - continues to be a costly long-term process, with annual transfers from west to east amounting to roughly $80 billion.  [The World Factbook, U.S.C.I.A. 2009]

Description: Description: Germany

CAUTION:  The following links have been culled from the web to illuminate the situation in Germany.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

The state of the world's human rights

Amnesty International AI, Annual Report 2013

www.amnesty.org/en/region/germany/report-2013

[accessed 2 March 2014]

TORTURE AND OTHER ILL-TREATMENT

The authorities continued to fail to address obstacles preventing effective investigation of allegations of ill-treatment by police. No federal state established an independent police complaints body to investigate allegations of serious human rights violations by police. Except for the federal states of Berlin and Brandenburg, police officers remained under no legal obligation to wear identity badges. Police officers in Brandenburg were due to start wearing identification badges in January 2013.

The National Agency for the Prevention of Torture, Germany’s national preventive mechanism under the Optional Protocol to the UN Convention against Torture, remained severely under-resourced and unable to fulfil its functions, including regular visits to detention sites. Its chairperson and another member resigned in August over the lack of resources.

Investigations continued into excessive use of force by police during a demonstration in Stuttgart in September 2010. In October, the Stuttgart local court found one police officer guilty of physical assault, for hitting a protester with a baton, and issued him with an eight-month suspended prison sentence.

On 10 October, the Frankfurt Higher Regional Court confirmed the Frankfurt Regional Court judgement of 4 August 2011, which had awarded moral damages worth €3,000 to Markus Gäfgen. He was threatened by two police officers with intolerable pain in 2002 as he was apprehended on suspicion of kidnapping an 11-year-old boy. The first instance court had qualified the threat as “inhuman treatment” under the European Convention on Human Rights.

On 13 December, Magdeburg regional court convicted a police officer of negligent homicide for the death of asylum-seeker Oury Jalloh, who burned to death in a cell in Dessau police station in 2005. Despite lengthy legal proceedings, the circumstances of Oury Jalloh’s death and the degree of police involvement in it were still not clarified.

INTERNATIONAL JUSTICE

Germany did not codify enforced disappearance as a criminal offence, as required by the International Convention against enforced disappearance.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. CAT/C/DEU/CO/5 (2011)

www1.umn.edu/humanrts/cat/observations/germany2011.html

[accessed 27 February 2013]

C. Principal subjects of concern and recommendations Definition and criminalization of torture

9. The Committee welcomes the State party’s Code of Crimes against International Law which codifies, inter alia, crimes of torture in the context of genocide, war crimes or crimes against humanity, in accordance with article 7 of the Rome Statute of the International Criminal Court. However, the Committee expresses serious concern at the absence of provisions adequately criminalizing acts of torture in the context of general criminal law, as the application of provisions of the Criminal Code (including sect. 340, para. 1, in conjunction with sect. 224) and the Military Penal Code (sects. 30 and 31) do not adequately punish the infliction of pain or suffering, whether physical or mental, as required by article 1 of the Convention. Moreover, while noting the data on investigations into alleged offences by law enforcement officers, the Committee regrets the absence of clarity regarding which of the allegations of ill-treatment by public officials, if proven true, would amount to torture under article 1 of the Convention or cruel, inhuman or degrading treatment or punishment under article 16 of the Convention (arts. 1 and 4).

The State party should include torture as a specific offence in its general criminal law and ensure that its definition encompasses all the elements of article 1 of the Convention. In accordance with the Committee’s general comment No. 2 (2007) on implementation of article 2 by States parties, the State party should also clarify which of the incidents of ill-treatment by law enforcement officers reported in the State party’s response to the list of issues amount to torture and other cruel, inhuman or degrading treatment or punishment, in order to help the State party identify how and where the Convention is implemented and the monitoring thereof by the Committee.

10. The Committee notes with concern that the State party has no specific information on cases in which the Convention has been invoked and directly applied before the domestic courts (arts. 2 and 10).

The Committee recommends that the State party take steps to disseminate the Convention to all public authorities, including the judiciary, thus facilitating direct application of the Convention before domestic courts, both at the federal and Lander level, and that it provide an update on illustrative cases in its next periodic report.

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/61650.htm

[accessed 28 January 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices, and these prohibitions were generally followed. The government investigated a number of abuses committed in previous years and prosecuted police who mistreated persons in custody.

Freedom House Country Report - Political Rights: 1   Civil Liberties: 1   Status: Free

2009 Edition

www.freedomhouse.org/report/freedom-world/2009/germany

[accessed 28 January 2013]

The judiciary is independent, and the rule of law prevails. The Federal Constitutional Court vets the compatibility of legislation with the basic law. In addition to having its own provisions, Germany is a party to the European Convention on Human Rights. Prison conditions are adequate, though the Council of Europe has criticized the practice of preliminary detention before formal arrest; people so detained may not contact a lawyer or family members.

“No Questions Asked” - Intelligence Cooperation with Countries that Torture

Human Rights Watch, June 29, 2010 -- ISBN: 1-56432-650-0

www.hrw.org/reports/2010/06/28/no-questions-asked-0

Download the full report at www.hrw.org/sites/default/files/reports/ct0610webwcover.pdf

[accessed 28 January 2013]

The 62-page report analyzes the ongoing cooperation by the governments of France, Germany, and the United Kingdom with foreign intelligence services in countries that routinely use torture. The three governments use the resulting foreign torture information for intelligence and policing purposes.

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Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Germany", http://gvnet.com/torture/Germany.htm, [accessed <date>]

 

 

Torture in  [Germany]  [other countries]
Human Trafficking in  [Germany]  [other countries]
Street Children in  [Germany]  [other countries]
Child Prostitution in  [Germany]  [other countries]