NCJ Number
63641
Journal
NEUE POLIZEI Volume: 33 Issue: 3 Dated: (FEBRUARY 1979) Pages: 23-27
Date Published
1979
Length
5 pages
Annotation
THE EXTENSION OF WEST GERMAN POLICE RIGHTS THROUGH THE RECENT ANTITERRORISM LAWS IS CRITICIZED AS INSUFFICIENT.
Abstract
ACTS OF TERRORISM POSE A SERIOUS THREAT TO CONSTITUTIONAL DEMOCRACY, AND LEGISLATORS ARE REVIEWING AND SUPPLEMENTING LEGISLATION TO MEET THE CHALLENGE. SINCE 1971 SEVERAL SO-CALLED 'ANTITERRORISM LAWS' HAVE BEEN ENACTED INCLUDING PROVISIONS AGAINST HIJACKING, HOSTAGE TAKING, CONSPIRATIVE ACTS OF TERRORISM, CONSPIRATIVE DEFENSE ATTORNEYS, AND CONSPIRATIVE COMMUNICATION AMONG IMPRISONED TERRORISTS. ALTHOUGH THE VARIETY OF MEASURES SUGGEST THAT THE POLICE HAVE OBTAINED CONSIDERABLE RIGHTS IN DEALING WITH TERRORISM, THEIR LIMITED ADDITIONAL RIGHTS INCLUDE ONLY INCREASED POWERS FOR SECURING THE IDENTITY OF SUSPECTS AND NONSUSPECTS, IDENTITY CONTROLS BY THE POLICE IN PUBLIC AREAS, AN EXTENSION OF SEARCHING RIGHTS, AND AN EXTENSION OF PRETRIAL DETENTION. SURVEILLANCE OF A SUSPECTED TERRORIST'S MAIL AND TELEPHONE MAY ALSO BE ORDERED, BUT THE LEGAL LIMITATIONS IMPOSED UPON THIS DEVICE ARE VERY STRICT. THE GENERAL TREND OF THE LEGISLATION IS TO SPELL OUT IN DEFINITE LEGAL TERMS WHAT BEFORE HAD BEEN LEFT UP TO THE DISCRETION OF THE INDIVIDUAL OFFICER. RESTRICTED ON ALL SIDES, THE POLICE ARE AT A GREAT DISADVANTAGE IN COMPARISON TO THE TERRORIST'S FREEDOM OF ACTION; IN PARTICULAR, THE POSSIBILITIES OF PREVENTION HAVE BEEN NEGLECTED. NUMEROUS MEASURES HAVE SUGGESTED, RANGING FROM CLOSER SURVEILLANCE OF THE TERRORIST SCENE (ESPECIALLY THE UNIVERSITIES) TO IDENTITY CONTROLS ON INDIVIDUALS RENTING CARS AND AIRPLANES. THE POLICE WILL CONTINUE TO SEARCH FOR PREVENTIVE MEASURES AND POINT OUT SHORTCOMINGS IN EXISTING LAWS. THE ARTICLE CONTAINS NO REFERENCES. --IN GERMAN. (SAJ)