Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
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.
e. Denial of Fair Public Trial
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.
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.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press. While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism). An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression.
Freedom of Speech: In July the city of Wiesbaden outlawed the wearing of symbols resembling the Jewish yellow badge with the inscription “unvaccinated.” Some protesters and antivaccination activists had been wearing such symbols during demonstrations against coronavirus regulations. Wiesbaden mayor Oliver Franz called the symbols an “unacceptable comparison” that would trivialize the Holocaust.
In February state governments in Baden-Wuerttemberg, Hamburg, Rhineland-Palatinate, Saarland, and Schleswig-Holstein announced they would ban school students from wearing full-face veils. Baden-Wuerttemberg implemented the ban in July.
In August the Federal Labor Court rejected an appeal by Berlin against a regional labor court’s 2018 judgment that a general ban on teachers wearing religious symbols in schools was discriminatory. The federal court found the Berlin ban violated teachers’ freedom of religion.
Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.
Violence and Harassment: On May 1, an estimated 20 to 25 men attacked a seven-member camera team in Berlin filming a demonstration against the COVID restrictions, hospitalizing six of the camera team. Berlin’s police chief Barbara Slowik announced the state security service was investigating the matter, but on May 2, six suspects were released from custody, and no arrest warrants were issued.
In August the German Union of Journalists and the German Federation of Journalists criticized Berlin police for failing to protect journalists covering COVID protests. The two unions reported police failed to intervene when protesters repeatedly insulted, threatened, and attacked photographers and film crews, forcing some of the journalists to stop covering the August 1 protests.
b. Freedoms of Peaceful Assembly and Association
While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.