Bureau of Democracy, Human Rights, and Labor
2008 Country Reports on Human Rights Practices
February 25, 2009
Germany is a constitutional parliamentary democracy with a population of approximately 82 million. Citizens periodically choose their representatives in free and fair multiparty elections. The head of the federal government, the chancellor, is elected by the Bundestag (federal parliament). The second legislative chamber, the Bundesrat (federal council), represents the 16 states at the federal level and is composed of members of the state governments. The Basic Law (constitution) sets forth the powers of the chancellor and of the legislative branch. The most recent national elections for the Bundestag took place in 2005. Civilian authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens. The government limited the freedoms of speech, press, assembly, and association for groups deemed extremist. There was governmental and societal discrimination against some minority religious groups. Harassment of racial minorities and foreigners, anti-Semitic acts, violence against women, and trafficking in persons were problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From: a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports that government officials employed them.
On March 12, the Muenster Regional Court issued judgments against the remaining 10 defendants of the 18 military instructors on trial since March 2007 for degrading treatment of subordinates at an army garrison in Coesfeld in 2004. The court acquitted four defendants for lack of evidence and sentenced five noncommissioned officers to suspended prison terms of 10 and 22 months. The court ordered the commander, an army captain, to pay 7,500 euros ($10,500). The public prosecutor appealed three of the verdicts (two acquittals and one fine).
Prison and Detention Center Conditions
Prison conditions generally met international standards, and the government permitted visits by independent human rights observers; however, one reported incident and conditions in some facilities were causes for concern.
On December 9, the Dessau regional court acquitted two police officers of causing bodily harm with fatal consequences and involuntary manslaughter in the death of Oury Jalloh from Sierra Leone, who died in 2005 when his cell in a Dessau police station caught fire. The public prosecutor and the joint plaintiffs in the case appealed the decision to the Federal Supreme Court. The appeal was pending at year's end.
In April 2007 the Council of Europe's Committee for the Prevention of Torture (CPT) reported on its 2005 visit to the country's prisons and detention facilities. The CPT received no allegations of recent physical mistreatment of persons during their period of custody in police establishments. However, the CPT reported a number of allegations of excessive use of force by police officers. The CPT criticized the conditions under which one prison held immigration detainees and raised concerns about the level of violence and intimidation among prisoners observed at three prisons. The CPT also expressed concern about inadequate prison staffing. The government responded in detail to the CPT's recommendations, comments, and requests for information in its report to the CPT in April 2007.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.
Role of the Police and Security Apparatus
Civilian authorities maintained effective control over the police and the Federal Criminal Investigative Service. The government has effective mechanisms to investigate and punish abuse and corruption. No cases of impunity involving the security forces were reported during the year.
Arrest and Detention
Authorities may only arrest an individual on the basis of a warrant issued by a competent judicial authority unless the police apprehend a suspect in the act of committing a crime or have strong reason to believe that the individual intends to commit a crime. Authorities generally promptly informed detainees of charges against them. The law entitles detainees to prompt access to an attorney. For all offenses that proceed to trial, the law provides for all accused persons to have access to a lawyer. If there is evidence that a suspect might flee the country, police may detain that person for up to 24 hours pending a formal charge. To continue holding a detainee, police must bring the detainee before a judge and the court must charge the individual at the latest by the end of the day following the arrest. The court must then issue an arrest warrant stating the grounds for detention; otherwise, the court must order the individual's release. Authorities generally respected these rights in practice.
Police may detain known or suspected criminals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations.