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 that 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. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense, and 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 a 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 reviews.
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, 553 offenders were held under preventive detention through the end of March.
In February the Dortmund jury court acquitted the main suspect in the retrial of a 32-year-old murder case. In 1986 the court had found the 54-year-old suspect, a person with disabilities, guilty of murdering a seven-year-old boy and sentenced him to a psychiatric institution. Eleven years after the suspect’s conviction, another man confessed to the crime. In 2013 the convicted individual’s lawyer first learned of the confession and initiated court proceedings. The court acquitted the individual and awarded compensation for his imprisonment.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Citizens may file complaints about violations 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 violation. 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 2017, according to the Federal Ministry of Finance, the government paid approximately 75.5 billion euros ($86.8 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, including the Federal Compensation Law and the Federal Restitution Law, to resolve compensation claims stemming from Nazi atrocities and Holocaust-era property confiscation. In 1952 the government designated the U.S.-based 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.
In December the government and the JCC agreed that Jewish children who were evacuated in 1938 and 1939 to the United Kingdom without their parents (Kindertransporte) would receive a one-time 2,500-euro ($2,875) payment.
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. For confiscated Jewish property that was 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. 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. There were approximately 5,000 assets pending processing at the Federal Office for Central Services and Unsettled Property Issues, including land, real estate, and company shares.