Focus: International Anti-Terrorism
State power beyond the law – an introduction
by Norbert Pütter and Heiner Busch
The new global anti-terrorism is characterised by three core elements: an international surveillance structure is created in its name. Wars and military operations are justified by it. And last but not least, the „war on terror“ creates instruments that are neither war nor criminal prosecution, but that link military with police and secret service actions and deny terror suspects all fundamental rights.
Extraordinary Rendition: kidnapping and torture
by Heiner Busch
Since 11.9.2001, the US has massively extended its extraordinary renditions programme. The CIA abducts alleged terror suspects and brings them either to its own detention centres or hands them over to states known to torture. The European states – and by no means only those who are economically dependent on the US – have cooperated in this practice and use the results of torture and illegal detention.
Also: Description of the cases of Abdel-Halim Khafagy, Murat Kurnaz, Mohammed Haydar Zammar, Khaled el Masri (Martina Kant), Abu Omar, Abou Elkassim Britel (Yasha Maccanico), Ahmed Agiza and Mohammad Al-Zery, Bisher Al-Rawi and Jamil El-Banna, Byniam Mohammed Al-Habashi, Maher Arar, the „Algerian Six“ (Jan Wörlein).
Terror lists – still above the law
by Ben Hayes
The People’s Mujahedin of Iran is still included on the EU’s terrorist list, even though its appeal with the European Court of Justice succeeded in first instance. In the first half of 2007, the EU carried out small amendments to the procedure of including organisations and individuals on this list. Democratic control and substantive legal protection for those concerned, however, are still missing; even more so for those who end up on the UN’s „Al-Qaida and Taliban Sanctions Committee“.
Also: EU court decisions (Jan Wörlein/Heiner Busch); country reports from Britain (Ben Hayes), Sweden (Jan Wörlein), Switzerland (Heiner Busch) and Germany (Heiner Busch/Jan Wörlein).
G8-Heiligendamm – the summit of security mania
by Elke Steven
Already before the G8 summit, in the beginning of June 2007, politicians, police and the internal security service tried hard to publicly criminalise the G8 critics. With targeted false reports on the riots that occurred during the big demonstration on the first day of protest (2 June) – which the police moreover took part in provoking – they were successful in blinding the Federal Constitutional Court, which confirmed the far-reaching demonstration ban around Heiligendamm on 6 June. However, the demonstrations and blockades that continued throughout the coming days, focusing on a diverse set of themes, proved how creative and de-escalating political protests can be – despite a massive police presence and violence.
Joint legal actions: two sides of a coin
by Daniel Wölky
The German Criminal Code – amongst others in cases of sexual and violent crimes – allows for victims of the same to represent their interests as joint plaintiffs during criminal proceedings. These can also be motivated by rather egoistic and vengeful feelings, as in the case of child abduction and a rape in late 2006. However, especially in East Germany, joint legal actions prove to be a necessary instrument to balance the lack of willingness on side of the police and public prosecution to investigate and prosecute right-wing and racist crimes.