CILIP is happy to follow the last special topic issue with a potpourri of several different topics. One special field of interest will be domestic security policies in Westberlin due to the change in that city’s municipal administration following January’s elections.
This edition’s editorial discusses the new political landscape as well as initial political reactions to the change of government. On the one hand, the left-wing radical scene has chosen „There’s no alternative to revolution“ as its new slogan (as Otto Diedrichs/Till Meyer’s article attests), on the other hand, powerful forces within the police and its leadership would appear to CILIP: A Target for West German Secret Police Surveillance?have it in for the new coalition. With the SPD/Alterna-tive List (Greens) now in power, some domestic security policy changes are to be expected.
That this would become an important issue is reflected in their coalition agreement (which we also document in this issue), including among other things: dissolution of all special units, increased emphasis on training pro-grams aimed at reducing the use of force in conflict situations, provision of identity cards by all police personnel on request, preparation of a municipal government report within six months aimed at reforming Westberlin police legislation in conformance with high court rulings concerning preventive police activities, review and clean-up of domestic security agency activities, creation of a new parliamentary control committee comprised of all parties in municipal parliament, return to a separate and independent Ministry of Justice, creation of a constitutional court in Westberlin, commencement of negotiations with the allied forces in Westberlin aimed at achieving German access to American civilian courts, review and publication of all currently valid allied laws and statutes, etc. In sum, however, we can’t give the AL very good grades on having „created a new police force“, because it didn’t happen.
CILIP: A Target for West German Secret Police Surveillance?
In February, the left-wing alternative newspaper „Tageszeitung“ reported that not only had it been a target of secret police surveillance, but that the editorial staff of this gazette had also come „under the lamp“. In response to a parliamentary request for official response, the West German government replied in April that this was indeed the case, due to the fact that the editorial staff had been undermined by extremists. The COtto Diederichs/Till Meyer, „May riots in Kreuzberg – Colonel’s Rebellion against the Red/Green coalition.“ILIP staff thanks the federal government, it’s spook lackeys for an opportunity to let off a little ironical steam, since we couldn’t go to the beach, which would’ve been more fun.
Albrecht Funk and Wolfgang Wieland: Domestifying the Domes-tic Security Service in Berlin? For years now, the local domestic security service in Westberlin has been shattered by countless scandals. The authors provide a brief review of past scandals and the outlooks for review and censure of clandestine surveillance activities and local citizens‘ new hopes of
getting at their own surveillance intelligence files. Rumor has it, there are nearly 100,000 of them. The Westberlin parliament passed legislation in July of this year which will expand its potential for controlling the state domestic intelligence service. In addition, a special parliamentary committee has been created to investigate state domestic intelligence agency involvement in the Schmücker murder affair (we updated that incident in CILIP 28).
Otto Diederichs/Till Meyer, „May riots in Kreuzberg – Colonel’s Rebellion against the Red/Green coalition.“
We’ve got some analytic material on the May Day riots in Kreuzberg. They have not only split left-wing forces in the city, they’ve also generated a major conflict between the new Minister of the Interior, the SPD’s Erich Pätzold, vs. his top-level police leadership and the CDU/FDP opposition in local city/state parliament. The controversy has also produced two reports on the events: from the Chief of Police and an independent investigative commission. Otto Diederichs and Till Meyer conclude on the basis of these reports and other information that police activities on May Day werLena Schraut: Police DatabankingB. Gill: Genetic Fingerprinting During the International Monetary Fund Meeting in Berlin: An Update.e an ingeniously staged conspiracy on the part of the police leadership aimed at undermining the new administration’s line of a more liberalized „domestic security policy“.
Lena Schraut: Police Databanking During the International Monetary Fund Meeting in Berlin: An Update.
CILIP 31 ran Lena Schraut’s report on massive police information collection activities of opposition forces to the IMF congress in Westberlin in the fall of 1988. This new article is an update report on those activities which in the meantime have been termed illegal by the Westgerman Supreme Court.
In addition to our accent on Westberlin, CILIP 33 also contains the following topical articles:
B. Gill: Genetic Fingerprinting
Genetic fingerprinting has become a fairly widespread practice in the USA and England since it was first introduced there several years ago. In 1988, police in the FRG also began identifying potential suspects using genetic finger-printing methods. Gill presents a short description of the process and an update on the practice up until now, including a The Police and the „Republicans“detailed review of the arguments presented during federal parliament hearings against the introduction and sanctioning of these procedures in the Federal Republic of Germany. It appears, however, that genetic fingerprinting is also going to be-come accepted practice in West Germany. Evidence gained as a result of the process has already been permitted as evidence of record twice in trial rulings in the Federal Republic.
H. Knüttel: Custody Practice in Bavaria
Against all the votes of the opposition parties, the Bavarian state parliament passed an ammendment to the Bavarian Police Act which would make it possible for Bavarian police to take individuals into preventive custody for up to 14 days without having to appear before a magistrate, thus activating a legal institution that first appeared on the books during the era of fascism. Politically, it is clearly envisioned as a weapon aimed at the anti-nuclear-power-plant movement particularly active in Bavaria. The article presents the constitutional arguments against such practices brought forth in hearings organized by the SPD and the Greens in Bavarian state parliament.
The Police and the „Republicans“
Ever since the „Republican Party“ achieved its election success of 7.5 % of the popular vote in the Westberlin state elections in January 1989 – including subsequent repeat performances in other West German state elections as well as in the elections to the European Parliament -, a widespread debate has ensued speculating on the extent to which the party has its power base within the West German police force. Several important functionaries are members of the police force. The party prides itself on being extremely popular among the police. Officials of the Union of the Police, generally ac-cepted to be SPD-H. Freytag: Fatal Shootings: Does Mercy Go Before the Law for the Police?oriented, recently estimated that in the state of Bavaria roughly 50% of the police force voted „Republican“. This CILIP staff report provides a survey of known facts concerning the influence of the „Republicans“ within the police. It also documents the political disputes between professional police organizations and sympathizers of this right-wing extremist party within the police.
M. Walter: Fatal Police Shootings and Police Officers Shot in 50 Major American Cities, 1970-1984
This is a review article of the Sherman/Cohn study entitled „Citizens Killed by Big City Police 1970-84“, Crime Control Institute, October 1986, Washington D.C. The study’s most salient conclusion: On both sides of the battlefield fatalities are clearly on a downhill path.
H. Freytag: Fatal Shootings: Does Mercy Go Before the Law for the Police?
Using material from a case which was adjudicated in January of 1988, the author analyses the legal strategies commonly used to defend police officers against charges of premeditated or negligent homicide when they become involved in fatal shootings.
Fatal Police Shootings in 1988
Once again, we present our annual chronicle of fatal police shootings during the past year. There were eight of them. We shall present a more detailed analysis in one of the coming issues.
Will Opening European Community Borders Going to Lead to Less Security? K. Kümpel: Notes on the „PKK“ Trial
Ever since the political decision was made to do away with police border controls within the European Community beginning in 1990, police and security experts have been arguing as to whether this will result in less security for the EC and which, if any, augmentive measures such as new methods and authority for searches ought to be introduced to compensate for this change in policy. Using statistics from the West German Interior Ministry, this CILIP staff report indicates that past successes in this area have been meager at best in any event. No more than an annual average of 3.000 border ap-prehensions have taken place during the past years involving felonies.
K. Kümpel: Notes on the „PKK“ Trial
Toward the end of this year a trial against 20 Kurds is scheduled to begin before the political chambers of the High State Court in Düsseldorf involving charges of having committed crimes as a „terrorist organization“. Charges are being filed under the notorious 129a of the German Penal Code, first introduced in 1977 and expanded in 1986 (creation, support, and solicitation for terrorist organizations). This will be the first time that such charges have been levelled against a national liberation movement (The Workers Party of Kurdistan = PKK), which does not engage in struggle on the soil of the Federal Republic. The article details the legal maneuvering undertaken during the past several years to make it possible to make 129a „applicable to organizations located in foreign countries“. To date, West German courts have maintained that it is their task to protect foreign states against challenges to their authority and sovereignty. It now appears that we are in for a „shift in position“.
At a meeting on june 3oth in Paris the ministers of the Interior of France, the benelux states and the FRG decided to postpone the abolition of border controls previewed in the first Schengen convention for january of 1990. Before that „measures for the compensation of security deficiencies“, sup-posedly caused by the border abolition shall be accorded. A great deal of these measures, for example the design of a Schengen Information System (SIS), still have been fixed in the draft of a second Schengen convention which is described in this article.
police personnel on request, preparation of a municipal government report within six months aimed at reforming Westberlin police legislation in conformance with high court rulings concerning preventive police activities, review and clean-up of domestic security agency activities, creation of a new parliamentary control committee comprised of all parties in municipal parliament, return to a separate and independent Ministry
of Justice, creation of a constitutional court in Westberlin, commencement of negotiations with the allied forces in Westberlin aimed at achieving German access to American civilian courts, review and publication of all currently valid allied laws and statutes, etc. In sum, however, we can’t give the AL very good grades on having „created a new police force“, because it didn’t happen.