Summaries

Enabling Acts (Editorial)
by Wolf-Dieter Narr
The anti-terror-laws, which were rushed through parliamentary debate, are Enabling Acts. A weak parliament agrees to a further reduction of its controlling powers. The 11th September serves as an all-inclusive legitimisation for a large-scale extension of powers for police and secret services.

With Schily towards a Surveillance State
by Katina Schubert
This article gives an overview of present demands, legislative proposals and already implemented measures with which the German government reacted towards the terror attacks in New York and Washington. The author raises questions as to the usefulness as well as the civil libertarian consequences of this reaction.

§129b and Crown Witnesses
by Albrecht Maurer
The German government wants to extend the political criminal law around § 129a of the Criminal Code (terrorist organisations), which includes far-reaching political surveillance and interception and large-scale infringements of the rights of the defence. With a new § 129b of the Criminal Code, terrorist organisations will now be prosecuted outside of Germany. The Crown Witness Regulation, which became redundant in 1999, is going to be re-introduced with some changes.

Data Protection, Security Laws, Dragnet Control
by Heiner Busch
This article deals with the practice of dragnet control (computer matching and profiling) against the backdrop of the constitutionally guaranteed right to privacy. The author analyses the use and the dangers of dragnet control at the times of the Red Army Faction and now, after the attacks in the US.

Foreigners as Security Risk No. 1
by Anja Lederer
The second anti-terror package by the German government contains far-reaching violations of migrants‘ and asylum seekers‘ rights. The grounds on which visas are refused and those already living in Germany can be deported are extended. The surveillance is also to be extended, with the help of the central foreigners register.

Re-arming the Secret Services?
by Norbert Pütter
One of the central elements of the anti-terror programmes of the state after the 11th September is the equipment of the secret services with more personnel and an extension of their remits. However, the authorities consistently keep silent about the fact that the history of the secret service’s „fight“ against terrorism is indeed a confused series of events marked by failure, senseless surveillance operations, and scandals.

The Federal Army Operating Inland
by Stefan Gose
After the 11th September, demands were increasingly made, in particular by the conservative party CDU/CSU, to deploy the German army within Germany. The author points to the history of these emergency plans and describes the already existing forms of co-operation between the army and other security organisations.

March through Brussels
by Mark Holzberger
Also the EU is reacting to the attacks in the US with a hectic actionism, the results of which, amongst others, are the framework decisions on EU arrest warrants as well as a common definition of terrorism. Altogether, the counter terrorism roadmap of the Council counts 66 points.

The US ‚Fight against Terrorism‘ and National Security
by Albrecht Funk
The Bush administration has declared war against „international terrorism“. The military character of this declaration is to be taken seriously, not only because of the war against Afghanistan. Also within the US, the fight against terrorism is not understood as a matter for the crime prosecution agencies, but as a question of national security. Military concepts are dominant here.

Deadly Police Shots 2000
by Otto Diederichs
According to the official statistics of the interior ministers conference, six people died at the hands of the police in Germany last year.

The Border Regime at the Straights of Otranto
by Derek Lutterbeck
The border control and immigration measures along the straights of Otranto were considerably increased by Italy over the past years. Two tendencies are hereby seen: the shift of controls towards the Albanian side of the straights as well as the blurring of the lines dividing military and police remits.

No Success for Deformation Ammunition in Switzerland
by Catherine Weber
In November this year, the Cantonal police and justice directors decided not to arm regular police officers with so-called deformation ammunition, on grounds of an increased risk of injury for those attacked.