NCJ Number
50816
Journal
New Yorker Volume: 54 Dated: (MARCH 20, 1978) Pages: 44-46,49,52,57,58,60,64,66,71,72,74,79-81,87
Date Published
1978
Length
17 pages
Annotation
GERMAN TERRORISM IS DISCUSSED IN RELATION TO POLICE ACTIONS, RIGHTS OF LAWYERS TO DEFEND TERRORISTS, DUE PROCESS, AND GERMAN POLITICS. AUTHORITARIAN AND LIBERTARIAN STRAINS IN SOCIETY ARE EXAMINED.
Abstract
IT IS ESTIMATED THAT THERE ARE A HUNDRED TERRORISTS OPERATING IN GERMANY TODAY SUPPORTED BY A THOUSAND ACTIVE SYMPATHIZERS, AND MANY GERMANS VIEW CIVIL RIGHTS AND CIVIL ORDER AS CONFLICTING CONCEPTS. POLICEMEN HAVE THE RIGHT TO RAID LIVING QUARTERS ON THE GROUND OF PRESENT DANGER WHICH REQUIRES NO SEARCH WARRANT; AFTER A 1977 KIDNAPPING, THOUSANDS OF APARTMENTS WERE RAIDED ON THIS BASIS. TERRORIST-INFORMATION HOT LINES ARE OPERATED FOR PEOPLE WHO PREFER TO MAKE THEIR ACCUSATIONS ANONYMOUSLY. LAWYERS COMPLAIN THAT CRIMINAL CASES IN GENERAL ARE HARD TO ARGUE BECAUSE THE DUE PROCESS CONCEPT IS UNDERDEVELOPED IN GERMAN LAW; GERMAN COURTS ARE COMMITTED TO THE PURSUANCE OF TRUTH BUT HAVE NOT DEVELOPED REASONABLE CRITERIA FOR FAIR TRIALS. THERE IS NO LIMIT ON DETENTION AND NO PLEA BARGAINING SO THAT PRISONERS HAVE TO WAIT TO STAND TRIAL FOR AS LONG AS IT TAKES THE PROSECUTION AND THEIR LAWYERS TO PREPARE BRIEFS ON EVERY CHARGE AGAINST THEM. LAWYERS ARE FORBIDDEN TO HANDLE MORE THAN ONE CLIENT IN A TERRORIST CASE, AND THE STATE CLAIMS THE RIGHT TO EXCLUDE DEFENSE LAWYERS FROM TERRORIST CASES ON THE GROUND OF SUSPICION OF CONSPIRACY WITH THEIR CLIENTS. CRITICS BELIEVE THAT WHILE GERMANY WAS RECOVERING ECONOMICALLY, IT NEGLECTED TO RECOVER HUMAN VALUES IN THE PROCESS. GERMANY IS SEEN TO LACK THE CONFIDENCE NEEDED TO PRESERVE FREEDOMS UNDER THREAT AND TO ACCEPT DISSENT AS SOMETHING NECESSARY TO DEMOCRACY. IT IS FELT THAT SOME TERRORISTS MIGHT HAVE CHANNELED THEIR ENERGIES INTO CONVENTIONAL POLITICAL ACTIVITIES HAD THEY EXISTED. THE ARTICLE DISCUSSES PARTICULAR INSTANCES INVOLVING TERRORISM AND RECENT POLITICAL HISTORY AND STUDENT MOVEMENTS IN GERMANY.(KJM)