Ethiopia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were numerous reports that the government and its representatives committed arbitrary and unlawful killings. There were cases identified by Amnesty International and the Ethiopian Human Rights Commission (EHRC) where security forces used excessive force against civilians. Other reports were being investigated by international bodies. The federal police had an internal investigative unit that investigated cases of criminal acts perpetrated by police. The internal unit’s decisions regarding penalties against police were kept confidential.

The Ethiopian National Defense Force (ENDF) had a military police division with a military investigative unit that reported to the military attorney general’s office. The military police passed evidence from their investigations to the prosecutors and defense counsels. The ENDF attorney general directed the investigations and heard the cases in military court.

On January 19, a security official reportedly shot a 20-year-old man tending his store near Mugi, in western Oromia. On January 21, unidentified security officials rounded up five young men in a small town outside of Mugi, interrogated them in a private residence, and then shot and killed them, according to a local journalist. It is not clear which security service perpetrated these abuses.

On August 9, regional special forces clashed with protesters in Sodo in the Welayita Zone of the Southern Nations, Nationalities, and Peoples’ Region. Media reported the forces killed 17 citizens after youth groups blocked roads and burned tires in response to the arrest of 28 members of the zonal leadership, including Zonal Administrator Dagato Kumbe and members of the Welayita National Movement opposition party.

On August 27, the EHRC issued a press release declaring it had evidence that security forces killed protesters in Assasa, Sahshemene, Bale Robe, Ginir, Asebot, Chrio, and Awedaye. The EHRC called on the government to create an independent body to investigate.

On May 29, a member of a local militia in Mekele, capital of the Tigray Region, shot and killed a woman following a labor dispute concerning salary. Afterwards, the militiaman shot himself but survived.

On May 29, fighters of the former Oromo Liberation Army-Shane (OLA-Shane), an armed separatist group, with factions in western, central, and south Oromia, reportedly killed four civil servants and wounded three others in Wagari Buna locality in West Wellega Zone of Oromia Region. The team of civil servants was on route to Nejo town after delivering agricultural supplies to internally displaced persons (IDPs) from the neighboring Benishangul-Gumuz Region.

On November 9, Amnesty International reported an armed group killed a large number of civilians in the town of Mai-Kadra in western Tigray Region. The victims were reportedly largely to be non-Tigrayan seasonal laborers. The Amhara regional media agency reported there were approximately 500 victims. Although the identity of the attackers remained unconfirmed, witnesses stated forces associated with the Tigray People’s Liberation Front Regional Security Force committed the killings (See section 1.g., Respect for the Integrity of the Person–Abuses in Internal Conflict.).

There were no reports of disappearances by or on behalf of government authorities.

In December 2019 approximately 17 university students were kidnapped by an armed group in western Oromia Region. The government charged 17 OLA-Shane individuals with terrorism charges for the abduction. The trial against the suspects continued as of December. At the end of the year, the status of the missing students remained unknown.

Although the constitution prohibits such practices, there were reports that security officials tortured and otherwise abused detainees.

On May 29, Amnesty International released a report claiming that security forces carried out torture in OLA-Shane areas. The EHRC and the attorney general’s office reviewed these reports and concluded that the report was biased.

According to the Conduct in UN Field Missions online portal, there is one open allegation, submitted in 2018, of sexual exploitation and abuse by an Ethiopian peacekeeper deployed to a UN peacekeeping mission in the region, allegedly involving an exploitative relationship with an adult. As of October the United Nations had substantiated the allegation and repatriated the perpetrator, but the Ethiopian government had not provided information on accountability measures taken by year’s end.

Impunity remained a problem, although some measures were taken to hold security forces accountable for human rights abuses. Lack of transparency regarding those being charged and tried in courts of law made it difficult to determine if significant improvements were made.

Prison and pretrial detention center conditions remained harsh and in some cases life threatening. Problems included gross overcrowding and inadequate food, water, sanitation, and medical care. Pretrial detention often occurred in police station detention facilities, where conditions varied widely and reports noted poor hygiene.

Physical Conditions: Severe overcrowding was common, especially in prison sleeping quarters. Prison cells were small and cramped. International organizations reported that it was common for cells to have small windows that allow only a little light into estimated 430-square-foot cells, one of which may hold as many as 38 cellmates. Authorities sometimes incarcerated juveniles with adults. Prison officials generally separated male and female prisoners, although mixing occurred at some facilities.

The government budgeted approximately nine birr ($0.23) per prisoner per day for food, water, and health care, although this amount varied across the country. Many prisoners supplemented this allocation with daily food deliveries from family members or by purchasing food from local vendors. Reports noted officials prevented some prisoners from receiving food from their families, and some families did not know of their relatives’ locations. Medical care was unreliable in federal prisons and almost nonexistent in regional ones. Medical attention following physical abuse was insufficient in some cases.

Prisoners had only limited access to potable water. Water shortages caused unhygienic conditions, and most prisons lacked appropriate sanitary facilities. Many prisoners had serious health problems but received little or no treatment. There were reports prison officials denied some prisoners access to needed medical care.

The law prohibits detention in any facility other than an official detention center; however, local militias and other formal and informal law enforcement entities operated an unknown number of unofficial detention centers.

Approximately 9,500 persons in the Oromo Region were arrested for ethnically related violence and destruction of property after the death of Hundessa (see section 6, Members of National/Racial/Ethnic Minority Groups). Regional authorities later reported that approximately one-half of those arrested were released. On September 26, the Oromia regional government reported that 5,728 persons were charged in connection with the violence. The excessive crowding in detention facilities raised concerns regarding the spread of COVID-19 in the prison system. The Prison Commission responded by using public facilities such as schools as makeshift prisons to improve prison-inmate distancing.

Administration: There were reports that prisoners were mistreated by prison guards and did not have access to prison administrators or ombudspersons to register their complaints. Legal aid clinics operated in some prisons. At the regional level, these clinics had good working relations with judicial, prison, and other government officials. Prison officials allowed some detainees to submit complaints to judicial authorities without censorship, but courts sometimes declined to hear such complaints.

The law generally provides for visitor access to prisoners. Authorities, however, denied some indicted defendants visits with their lawyers. In some cases police did not allow pretrial detainees to have access to visitors, including family members and legal counsel. Prison regulations stipulate that lawyers representing persons charged with terrorism offenses may visit only one client per day, and only on Wednesdays and Fridays. Authorities denied family members’ access to persons charged with terrorist activity.

Officials permitted religious observance by prisoners, but this varied by prison and even by section within a prison. There were allegations authorities denied detainees adequate locations in which to pray.

Independent Monitoring: During the year the International Committee of the Red Cross visited 51,000 prisoners throughout the country as part of its normal activities.

Regional authorities allowed government and nongovernmental organization (NGO) representatives to meet with prisoners without third parties present. The EHRC monitored federal and regional detention centers, and interviewed prison officials and prisoners. The NGO Justice for All-Prison Fellowship Ethiopia had access to multiple prison and detention facilities around the country.

The EHRC and the attorney general’s office checked on the welfare of high-level political prisoners arrested for possible involvement in organizing violence following the killing of the popular singer Hachalu Hundessa. During the week of July 12, the EHRC twice visited high-level prisoners such as Jawar Mohamed, Eskinder Nega, and Bekele Gerba. The independent Ethiopian Human Rights Council reported that the detainees were in good health, were visited by family members, and were in touch with lawyers defending their cases.

Improvements: On February 17, the government published the Federal Prison Proclamation that makes the Federal Prisons Commission an independent body that reports to the attorney general’s office; requires that all prisoners be treated with human dignity and are given education and technical training to assist with rehabilitation; stipulates that prisoners are to be provided clothing and three meals per day; and are given free medical care (including psychiatric care) on premises. The Federal Prison Commission was to be monitored and supervised by the Committee of Community Leaders (comprising religious, cultural, and human rights leaders), the EHRC, and the parliament. The act also stipulates that prisoners “shall have an accommodation that preserves his human rights, dignity, security, and health during his stay in prison.” The proclamation introduced categorization and separation of prisoners according to age, gender, and risk level.

The legislation led to reforms within the prison system. The Prisons Commission had an independent budget and chain of command from other ministries, and the commission reported directly to parliament. The commission launched its own training centers, educational programs, and driving schools to provide inmates with basic skills to reduce recidivism. The commission began building its own hospital system for cost savings and to decrease dependency on local community hospitals.

The constitution and federal law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government did not always observe these requirements.

The constitution and law require detainees to appear in court and face charges within 48 hours of arrest or as soon thereafter as local circumstances and communications permit. Travel time to the court is not included in this 48-hour period. With a warrant, authorities may detain persons suspected of serious offenses for 14 days without charge. The courts increasingly pushed authorities to present evidence or provide clear justifications within 14 days or release the detainee. Courts also demanded to see police investigative files in order to assess police requests for additional time.

On April 6, the Anti-Terrorism Proclamation (ATP) replaced an antiterrorism law that permitted arbitrary arrests. The ATP provides that a suspect or defendant accused under the provisions of the ATP is to be “protected in accordance with [the] constitution, international agreements [ratified by the government] and other laws of the country concerning rights and conditions of suspected or accused persons.” The ATP prohibits warrantless searches and interception of private communications without a warrant or court order. It gives leasing and rental business owners up to 72 hours to provide the identities of foreigners (nonresidents) to police, significantly narrowing the scope of the law by excluding residents, and reduces the penalties for noncompliance. The ATP ends lengthy detention without a court appearance and gives the courts authority to prioritize any terrorism-related arrests.

A functioning bail system was in place. Bail was not available for persons charged with murder, treason, or corruption. In other cases the courts set bail between 500 and 10,000 birr ($13 and $250), amounts that few citizens could afford. The government provided public defenders for detainees unable to afford private legal counsel, but defendants received these services only when their cases went to trial and not during the pretrial phases. In some cases a single defense counsel represented multiple defendants (coaccused) in a single case.

Arbitrary Arrest: There were reports of arbitrary arrest by security forces.

On May 13, an estimated 1,600 persons were arrested in Addis Ababa for “violating the state of emergency” and not wearing face masks. The EHRC urged police to stop arbitrary arrest of individuals for not wearing face masks and declared that the tactics were needless. All the detained were released within 72 hours (see section 1.c.).

Pretrial Detention: The percentage of the inmate population in pretrial detention and average length of time held was not available. Lengthy legal procedures, large numbers of detainees, judicial inefficiency, and staffing shortages contributed to frequent trial delays, in some cases lasting years.

Detainees Ability to Challenge Lawfulness of Detention before a Court: During the year no cases were brought to the courts by individuals claiming unlawful detention. The law does not provide compensation for unlawfully detained persons.

The law provides for an independent judiciary. Although the civil courts operated with a large degree of independence, criminal courts remained weak and overburdened.

Under the constitution, accused persons have the right to a fair, public trial without undue delay, a presumption of innocence, legal counsel of their choice, appeal, the right not to self-incriminate, the right to present witnesses and evidence in their defense, and the right to cross-examine prosecution witnesses. The law requires officials to inform detainees of the nature of their arrest within a specific period time, which varies based on the severity of the allegation. The law requires that if necessary, translation services are provided in a language defendants understand. The federal courts had staff working as interpreters for major local languages and are required to hire interpreters for defendants that speak other languages.

In August the EHRC reported that the regional courts performed well in presuming innocence of detainees. The human rights body also stated that courts made sure that detainees’ families were informed of detentions.

The federal Public Defender’s Office provided legal counsel to indigent defendants, but the scope and quality of service were inadequate due to a shortage of attorneys. A public defender often handled more than 100 cases and might represent multiple defendants in the same criminal case. Numerous free legal-aid clinics, primarily based at universities, also provided legal services. In certain areas of the country, the law allows volunteers such as law students and professors to represent clients in court on a pro bono basis. There is a lack of a strong local bar association or other standardized criminal defense representation.

The constitution recognizes both religious and traditional courts. Many rural citizens had little access to formal judicial systems and relied on traditional mechanisms for resolving conflict. By law all parties to a dispute must agree to use a traditional or religious court before such a court may hear a case, and either party may appeal to a regular court at any time. Sharia (Islamic law) courts may hear religious and family cases involving Muslims if both parties agree before the start of the formal legal process to use the sharia court. Sharia courts received some funding from the government. Sharia courts adjudicated a majority of cases in the Somali and Afar regions, which are predominantly Muslim. Other traditional systems of justice, such as councils of elders, functioned predominantly in rural areas. Women often believed they lacked access to free and fair hearings in the traditional court system because local custom excluded them from participation in councils of elders and due to persistent gender discrimination.

There were multiple detentions of political leaders who were released or sentenced based on criminal acts. Following the June 30 violence caused by the killing of Hachalu Hundessa, there were approximately 40 arrests of political leaders and their followers. In July the highest profile leaders were visited in jail by the attorney general’s office and the EHRC at least three times. These opposition leaders were provided the same protections as other detainees. Several opposition leaders who were arrested following the killing of Hachalu Hundessa are still in detention awaiting trial.

The law provides citizens the right to appeal in civil court, including in cases with human rights abuses. For rights abuses where a government agency is the accused perpetrator, the victim initiates the process by filing a complaint at the EHRC. The EHRC investigates and makes recommendations to the concerned government agency.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law generally requires authorities to obtain court-issued search warrants prior to searching private property. The law also recognizes exceptions for “hot pursuit” cases in which a suspect enters premises or disposes of items that are the subject of an offense committed on the premises. This legal exception also applies when police have reasonable suspicion that evidence of a crime punishable if convicted by more than three years’ imprisonment is concealed on or in the property and a delay in obtaining a search warrant could allow for the evidence to be removed.

The government engaged in offensive operations against the armed separatist group OLA-Shane in western, northern, and southeastern Oromia. The government had military-led command posts in the affected areas that coordinated all security operations. Command posts are led by the ENDF but are supported by regional special forces, regional police, and regional militias.

On November 4, fighting between the ENDF and the Tigray Special Forces resulted in protracted conflict in the northern region of Tigray. The fighting affected the entire region. As of the end of the year, there was very limited access to Tigray, except for the capital Mekele, resulting in a lack of reporting and making it difficult to ascertain the extent of abuses. There were numerous reports of looting and destruction of infrastructure in Tigray, including in refugee camps. There were reports that government security forces, security forces from neighboring regions, the Eritrean military, private militias, and the Tigray People’s Liberation Front Regional Security Force all committed human rights violations and abuses, including extrajudicial killings, sexual assaults, forced displacement of civilian populations, and torture. There are reports that government security forces engaged in arbitrary arrests and detentions. International organizations, including the United Nations reported that a humanitarian crisis was unfolding and they prepared to assist with basic services, food, and medical supplies.

Killings: Residents of Qellem Wellega Zone in Oromia told media that government security forces killed seven civilians.

The Oromia Region’s Security Bureau reported that OLA-Shane fighters killed more than 770 individuals, wounded more than 1,300, and abducted 72 persons.

On November 1, suspected OLA-Shane fighters killed at least 54 ethic Amhara residents of Gawa Qanqa in West Wellega Zone, according to Amnesty International. Witnesses reported that men, women, and children were killed, and property was looted and burned.

Germany

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports that the government or its agents committed arbitrary or unlawful killings. In the event of a killing by security forces, police begin an internal investigation under the leadership of the state prosecutor.

The trial against two right-wing extremist suspects for the June 2019 killing of local Hesse politician Walter Luebcke began June 16. The crime was widely viewed as a politically motivated killing of a known prorefugee state official. The main defendant, Stephan Ernst, was also accused of the 2016 homicide of an Iraqi asylum seeker, and prosecutors believed he committed both acts out of ethnonationalist and racist motivations. On August 5, Ernst confessed in court to having shot Luebcke but blamed codefendant Markus Hartmann for incitement. The Hesse state parliament launched a committee to investigate the failure of Hesse’s domestic security service to identify Stephan Ernst as a danger to society. Frankfurt prosecutors are investigating 72 persons for having threatened Luebcke on the internet following his 2015 prorefugee remarks. Trials against three of these defendants–for defamation and endorsement of murder, public incitement of criminal acts, and incitement of bodily harm–ended with small fines in August.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations. The 2019 interim report of a continuing study by researchers at the University of Bochum estimated police used excessive force in 12,000 cases annually, of which authorities investigated approximately 2,000. Investigations were discontinued in 90 percent of the cases, and officers were formally charged in approximately 2 percent of the cases. Less than 1 percent of the cases resulted in conviction of the accused officer.

In July, two police officers in Thuringia were sentenced to two years and three months’ incarceration for the sexual abuse of a woman while the officers were on duty in September 2019. After checking a Polish couple’s identity papers and determining they were fake, the officers drove the woman to her apartment, where they sexually abused her. Due to a lack of evidence, the court reduced the charge from rape to sexual abuse while exploiting an official position, because the woman could not be located to testify at trial. Both the prosecution and defense appealed the sentence, with the prosecution hoping the woman could be found so that rape charges could be reintroduced and the defense arguing that without new evidence, no additional charges should be brought. The appeals process was still in progress as of July.

In July 2019 Cologne police shot an unarmed man, 19-year-old Alexander Dellis, when he fled arrest. Dellis filed a complaint against police regarding the proportionality of the response, and the public prosecutor was investigating.

Impunity was not a significant problem in the security forces.

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Between 2017 and 2019, several state parliaments expanded police powers. The new state laws enable police to take preventive action against an “impending danger.” Critics argued that this provision expands police’s surveillance power, which had been reserved for the country’s intelligence services. As of September cases against new laws in Bavaria and Baden-Wuerttemberg were pending at the Federal Constitutional Court, as was a separate case at the Saxony Constitutional Court regarding that state’s law.

While several states required police to wear identity badges, the nongovernmental organization (NGO) Amnesty International Germany criticized the lack of a nationwide requirement to do so.

In February a 29-year-old man was acquitted a third time of charges of resisting police officers, causing bodily harm, and insulting an officer in Cologne. The Cologne District Court judge in the man’s April 2019 second trial dismissed the charges as unfounded and apologized to the defendant. Nonetheless, the public prosecutor filed a second appeal. The officers were themselves placed under investigation in 2019, and those investigations continued in November.

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to be informed promptly and in detail of the charges against them. The trial shall be fair, public, and held without undue delay. The law requires defendants be present at their trials. Defendants have the right to consult with an attorney of their choice, and the government provides an attorney at public expense if defendants demonstrate financial need, as stated above. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense. The government provides an interpreter to any defendant who cannot understand or speak German and does so free of charge if the defendant demonstrates financial need or is acquitted. Defendants have access to all court-held evidence relevant to their cases. Defendants may question the prosecution’s witnesses and may introduce their own witnesses and evidence in support of their case. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

The law does not allow courts to punish a person twice for the same crime. A court may, however, order an offender convicted of rape, homicide, or manslaughter to spend additional time in “subsequent preventive detention” after completing a sentence. The court can only order preventive detention if it determines that the offender suffers from a mental disorder or represents a continuing serious danger to the public. The law permits the imposition of such detention for an indefinite period, subject to periodic review.

Because the law does not regard such detention as punishment, authorities are legally required to keep those in preventive detention in separate buildings or in special prison sections with better conditions than those of the general prisons. Authorities must also provide detainees with a range of social and psychological therapy programs. According to the Federal Statistics Office, 551 offenders were held under preventive detention at the end of March 2019.

There were no reports of political prisoners or detainees.

Citizens may file complaints about abuses of their human rights with petition committees and commissioners for citizens’ affairs. Citizens usually referred to these points of contact as “ombudsmen.” Additionally, an independent and impartial judiciary in civil matters provides court access for lawsuits seeking damages for, or cessation of, a human rights abuse. Persons who exhaust domestic legal remedies may appeal cases involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights.

The government has laws and mechanisms in place, and NGOs and advocacy groups reported it made significant progress on resolution of Holocaust-era claims, including for foreign citizens. Since the end of World War II through 2019, according to the Federal Ministry of Finance, the government paid approximately 77.8 billion euros ($93.4 billion) in Holocaust restitution and compensation. The country has also supported numerous public and private international reparation and social welfare initiatives to benefit Holocaust survivors and their families.

After World War II, the government adopted legislation to resolve compensation claims stemming from Nazi atrocities and Holocaust-era property confiscation. In 1952 the government designated the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference or JCC) as its principal partner in handling restitution and compensation claims made by Jewish victims of Nazi persecution.

Before German reunification in 1990, in accordance with the Federal Restitution Law, West German authorities provided property restitution and compensation payments for properties and businesses that were confiscated or transferred during the Holocaust era. The JCC assumed ownership of and auctioned off heirless properties, using the proceeds to fund the organization’s efforts to support Holocaust survivors and fund Holocaust education. For confiscated Jewish property located in what was formerly East Germany, the JCC filed additional claims under the 1990 Property Law, enacted after reunification. Since 1990 authorities have approved and granted restitution in 4,500 cases and provided compensation in approximately 12,000 cases. There were approximately 5,000 cases involving fixed assets pending processing at the Federal Office for Central Services and Unsettled Property Issues, including land, real estate, and company shares.

Regular negotiations between the JCC and the country’s federal government have expanded existing programs and introduced additional ones. In the September negotiations, the government agreed to increase the total funding level for 2021 by 30.5 million euro ($36.6 million) for home-care services for frail and aging Holocaust survivors. This brought the total global allocation to 554.5 million euro ($665.4 million). In addition, survivors who received previous one-time payments under a hardship fund are scheduled to receive additional payments of $1,400 in 2020 and 2021.

In 2015 the federal government established the German Lost Art Foundation (DZK) to promote provenance research. The DZK maintains an online “Lost Art” database. The database documents objects suspected or proven to be confiscated by the Nazis. In January the DZK launched an additional research database, presenting the results of research projects funded by the foundation and linked with other databases to support provenance research by documenting historical information. The DZK also created a help desk as a contact and information point for victims and their heirs to assist in conducting research by finding the right institutions and contacts.

In January, Minister of State for Culture Monika Gruetters presented three pieces of Nazi-looted art to the rightful heirs from France. Two of the paintings were from the Gurlitt Collection of approximately 1,500 pieces of looted art.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were assertions the government failed in some cases to respect these prohibitions.

The federal and state offices for the protection of the constitution (OPCs) continued to monitor political groups deemed to be potentially undermining the constitution, including left-wing extremist groups inside the Left party and right-wing extremist groups inside the Alternative for Germany (AfD), both of which have seats in the Bundestag, as well as the right-wing extremist National Democratic Party. Monitoring requires the approval of state or federal interior ministries and is subject to review by state or federal parliamentary intelligence committees.

On March 12, the Federal Office for the Protection of the Constitution (FOPC) announced it would formally surveil “the Wing,” a loose network consisting of far-right AfD party members. The FOPC took this step because the Wing aimed “at the exclusion, disparagement, and extensive deprivation of rights” of minorities and violated “the guarantee of human dignity as well as the principles of democracy and the rule of law.” At the end of April, in reaction to this announcement, the board members of “the Wing” dissolved their network.

On March 12, the state-level OPC in Thuringia announced it would monitor the AfD in Thuringia due to the party’s “general contempt” of migrants, its attempts to limit religious freedom through its concept of “de-Islamization,” and its maintenance of “personal links to extremist groups.”

On June 15, the Brandenburg OPC followed suit, announcing it would begin monitoring the state chapter of the AfD. State Interior Minister Stuebgen stated the Brandenburg AfD had grown increasingly radical since its founding and was “clearly directed against our free democratic basic order.”

In July the OPC in Saxony announced it would delete all of the information it had collected on members of the AfD who were members of state, federal, and European parliaments, because the constitutional prerequisite for data collection had not been met. The OPC could only collect elected officials’ information where the OPC had evidence the targeted officials were pursuing anticonstitutional goals. The Saxony OPC retracted the announcement a week later, stating that it was verifying whether this legal criterion had, in fact, been met. As of August the verification process was still in progress.

All OPC activities may be contested in court, including the Federal Constitutional Court. Following a 2014 Constitutional Court ruling, the government stated the FOPC would no longer monitor Bundestag members.

In 2018 approximately 30 politicians, journalists, and media figures (mostly women or minorities) reported having received threatening letters, often signed “NSU 2.0.” In at least two cases, the letters contained nonpublic information accessed from computers at Hesse police stations. One of the recipients was a lawyer who had defended victims’ families in the 2013-18 trials related to the right-wing terrorist organization National Socialist Underground. Investigators found that a police officer in Frankfurt had conducted an unauthorized search for her address; the officer also took part in a group chat with four other Frankfurt officers in which they shared right-wing extremist images and messages. The Hesse State Office for Criminal Investigation eventually identified 70 suspects within Hesse’s police force, of whom six were dismissed from office, while others have since been exonerated. Thirty individual investigations continued as of September, but the investigation has been unsuccessful in finding those responsible for sending the letters.

In 2018 Hamburg Data Protection Officer Johannes Caspar ordered Hamburg police to cease collecting facial recognition templates from cameras in public areas. Caspar stated the police database containing these templates was illegal because it continually collected images of innocent citizens. In May, Caspar confirmed that police had deleted the database. During the year Caspar also began legal action against Clearview, a New York-based firm, after a Hamburg man complained the company had violated his privacy when it obtained his image through data crawling.

In May the Gelsenkirchen administrative court ruled the Dortmund police may not use video cameras to monitor a street inhabited by suspected neo-Nazis. Four residents who are members of the Dortmund neo-Nazi scene sued to stop the recording.

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The Lessons of 1989: Freedom and Our Future