A/HRC/13/31
220. According to reports received, the Government of Germany was reluctant to
investigate thoroughly allegations of enforced disappearance connected to renditions by
claiming confidentiality on national security or State secrecy. Prosecutors in Germany
investigated cases of abductions and other crimes carried out on their territories or against
their nationals which led to extradition requests. It reportedly failed to undertake effective,
independent and impartial investigation into the role of State officials and the use of State
territory in connection with enforced disappearance. Reportedly, investigations and
determinations of human rights complaints in cases of rendition and secret detention were
blocked by the Government. No remedies have been provided for the victims and their
families, which includes, in some cases, the establishment of the fate and whereabouts of
people who have disappeared.
Reply from the Government
221. On 1 October 2009, a response was received from the Government denying these
allegations, stating that neither the German Government nor the national services under its
control have participated in the alleged practices or approved them.
222. An independent investigation was commissioned by the Parliamentary Committee of
Inquiry and the final report was presented to, and adopted by, the German Bundestag on 18
June 2009. According to the conclusion, out of 20 alleged renditions, only 2 cases could be
proved. In both cases the Government was informed only after the rendition of the persons.
German authorities had no direct or indirect involvement in the flights or in the preceding
arrests. Evidence of further flights could not be produced.
223. The assertion that secret detention centres existed on German federal territory could
not be confirmed in the investigations conducted by the independent investigator and the
Committee of Inquiry. The existence of secret detention centres on German territory must
therefore be denied.
224. Concerning the claim that German authorities provided foreign intelligence services
with information that resulted in people becoming victims of enforced disappearance, the
Government of Germany stated that the exchange of information between German security
agencies and the intelligence agencies of allied States takes place exclusively within the
framework of the relevant legal admissibility requirements.
225. Furthermore, the Government of Germany has been informed about four cases of
renditions or enforced disappearances concerning the Federal Republic of Germany. The
German authorities did not directly or indirectly participate in arresting these persons or in
rendering them for imprisonment. In two cases the German missions responsible for
consular assistance had no knowledge of their imprisonment and were therefore unable to
ensure that their rights were observed or guarantee consular protection; in another two cases
the German authorities worked intensively to guarantee consular protection. However, they
were denied access to the detainees and were thereby prevented from effectively exercising
consular protection.
226. Regarding the measures adopted to guarantee an effective judicial remedy to people
deprived of their liberty and the access of the competent authorities to their places of
detention, the Government stated that the public prosecutor’s office immediately initiated a
preliminary investigation on 19 July 2005 when suspicions emerged concerning the
rendition of one person. This investigation not only aimed at reconstructing the facts, but
also strove to provide the competent authorities with access to persons deprived of their
liberty. As soon as the Government became aware that German nationals had been arrested
by other States, it engaged in bilateral negotiations in order to guarantee their rights and to
secure their release as soon as possible. These negotiations took place within the scope of
public international law and primarily by exercising consular protection.
52
GE.09-17704
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