Germany: Information on the response of police to complaints by foreigners of neo-Nazi attacks

According to Country Reports 1993, "Foreigners, particularly Romanians, Gypsies, Turks, Poles, and non-Europeans, continued to be harassed or attacked mainly by right-wing extremists during 1993" (1994, 893). The Federal Office for the Protection of the Constitution (BfV) reported that in the period from 1 January to 22 July 1993, there were 1180 attacks on foreigners as compared to 788 for the same period in 1992 (Le Devoir 31 July 1993). When the first 11 months of 1993 are considered, BfV statistics indicate a 28 per cent decrease in incidents of right-wing violence compared to the same period in 1992 (Le Devoir 12 Dec. 1993; Country Reports 1993 1994, 888). Figures kept by the German Federal Police indicate an increase of about 8 per cent in the number of anti-foreigner incidents in Germany compared to 1992 (Country Reports 1993 1994, 888).

The 29 May 1993 fire-bombing of a Turkish residence in Solingen, in which five Turks (two women and three children) were killed, marked a departure with respect to the issue of violence against immigrants (Human Rights Watch Dec. 1993, 219; Newsweek 14 June 1993). Coming only three days after the German parliament passed a constitutional amendment that had the effect of making the country's asylum laws more restrictive, the attack provoked a riot by Turks in Solingen and large-scale protests in Hamburg, Cologne, Dusseldorf, Bonn, Berlin, Frankfurt and other cities against anti-foreigner violence in general (Time 14 June 1993; Human Rights Watch Dec. 1993, 218). In June 1993, the number of fire-bomb attacks against foreigners more than doubled (to 76) compared to the number in May (Le Devoir 31 July 1993; Human Rights Watch Dec. 1993, 219).

According to Country Reports 1993, some Turkish immigrants in Germany felt that in 1993, the police "were unresponsive to their needs" and that "not enough had been done to prevent recurrences of violence in Solingen or elsewhere" (Country Reports 1993 1994, 894). After Solingen, the federal government reviewed measures put in place in 1992 to combat such violence. They included increased surveillance and arrests of right-wing extremists and the banning of a number of neo-Nazi parties (ibid., Human Rights Watch Dec. 1993, 218). By the end of the year, no additional measures had been implemented at the federal level and Human Rights Watch concluded that those measures in place "did not improve security for foreigners living in the country" (ibid.).

Although the response of police in the eastern states (Länder) to right-wing violence reportedly improved in 1993, they continued to lag behind their counterparts in the western Länder in terms of "effectiveness and efficiency" (Country Reports 1993 1994, 887, 894).

The conduct of the police was severely criticized with respect to three incidents in 1992. During riots by skinheads and right-wing extremists in Rostock in August, police withdrew from the scene at a crucial moment during which time rioters burned down a refugee hostel. Although residents had been evacuated, Amnesty International reports that 100 Vietnamese immigrants housed in an adjacent building were imperilled by the fire (Amnesty International June 1993, 8; ibid. 3 Sept. 1993; Human Rights Watch Dec. 1993, 281). On 4 October, an Iranian refugee was assaulted by two men in Cologne. He alleged that when police arrived on the scene, they failed to pursue the assailants, who were reportedly about 100 metres away, and questioned only German witnesses about the incident. He also alleged that officers at the police station to which he went did not take a written statement from him (Amnesty International Feb. 1994, 2-3; ibid., June 1993, 2-3). In December, an Iranian student was attacked by a bus driver in Berlin, who subsequently told police arriving at the scene of the incident that he had been attacked by the student. The police arrested and reportedly ill-treated the student (Amnesty International June 1993, 6-7).

In 1993, there were reportedly "no cases...of police inaction in the face of mob violence against asylum homes" but "police continued to face criticism for failing to prevent ongoing incidents of small-scale right-wing violence and illegal neo-Nazi public gatherings" (Country Reports 1993 1994, 894). Police failed to intervene during such illegal rallies on the same day in the towns of Buetzee and Prieros (both in Brandenburg) and remained passive during an August neo-Nazi rally in Fulda that was deemed to be illegal (ibid.).

A number of suspected perpetrators of right-wing violence were arrested in 1993. The BfV reported in May that 66 right-wing extremists had been arrested and six charged for violent attacks on foreigners (Le Devoir 15 July 1993). A spokesman for the organization indicated in June that the BfV had compiled a list of almost 43,000 "right-wing extremists," 6,400 of whom it described as "militant" (Time 14 June 1993). By mid-June, four suspects, described as "rightist youth," had been arrested for the 29 May attack in Solingen (AP 1 Jan. 1994; Time 14 June 1993).

Incidents of violence against immigrants and other foreigners continued in 1994. On 1 January, ten youths forced their way into a refugee home in Straubing, Bavaria. They caused damage but no one was reported injured during the incident (AP 1 Jan. 1994). On 19 January, a refugee residence in Ludwigshafen was bombed. Police reportedly could "not rule out a racist attack" (Reuters 19 Jan. 1994).

On 17 January 1994, two neo-Nazis were sentenced for an October 1992 attack on a black American olympic athlete (ibid.). Two days later, police raided a neo-Nazi telephone service in Mainz (ibid.). On 23 February, two skinheads were convicted for attacks on Polish students in the eastern border city of Frankfurt an der Oder. Reporting on the event, the Associated Press remarked that "police and prosecutors have worked with some success in the past two years to get [the city's] rightist extremist scene under control" (AP 23 Feb. 1994). On 15 March, 15 right-wing extremists in Dresden were detained with respect to a recent attack on a youth hostel, though it remains unclear from one report whether foreigners were the targets of the attack (AFP 15 Mar. 1994).

There have been reports that police in certain cities have ill-treated foreigners (Country Reports 1993 1994, 888-9; Amnesty International Feb. 1994, 1-2). By 30 September 1993, for instance, 16 police officers in Berlin had been charged with "racially motivated physical mistreatment of foreigners" (Country Reports 1993 1994, 889). Four cases had been dismissed by the end of the year and 12 others were pending (ibid.). An April 1993 report on the return of illegal Romanian residents to Romania indicates that those rounded-up by police were treated harshly, including being handcuffed to "central heating devices" (IRU 20-23 Apr. 1993). Other incidents of violence against foreigners by police include the reported assault on an immigrant in Berlin by a plain clothes policeman in December 1992, the shooting death of a Romanian asylum seeker in Strassfurt (Saxony-Anhalt) in January 1993, and the police raid on a refugee hostel in Gränitz (Saxony) in late April 1993 (Country Reports 1993 1994, 888-9; Amnesty International June 1993, 1-2, 5).

Non-German citizens are prohibited from being police officers (Country Reports 1993 1994, 894). Since 1977, only 13,000 of the Germany's 1.5 million ethnic Turkish immigrants have received German citizenship and according to a June 1993 report, none are members of a police force (Time 14 June 1993).

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Agence France Presse (AFP). 15 March 1994. "15 Neo-Nazis Questioned Over Youth Hostel Attack." (NEXIS)

Amnesty International. February 1994. Federal Republic of Germany: The alleged ill-treatment of foreigners: a summary of concerns in the period June-December 1993. (AI Index: EUR 23/02/94). London: Amnesty International.

. June 1993. Federal Republic of Germany: The alleged ill-treatment of foreigners: a summary of recent concerns. (AI Index: EUR 23/02/93). London: Amnesty International.

. 3 September 1992. Weekly Update. (AI Index: EUR 23/WU 01/92). "Germany: AI Seeks Information Regarding Rostock Riots."

Associated Press (AP). 23 February 1994. Frank Bajak. "Top Neo-Nazi Convicted In Hate Attacks on Poles." (NEXIS)

. 1 January 1994. Frank Bajak. "On New Year's, Refugee Homes Are Attacked And Neo-Nazis Rumble With Turks." (NEXIS)

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, D.C.: United States Government Printing Office.

Le Devoir [Montréal]. 12 December 1993. "L'extreme droite se calme."

. 31 July 1993. "La tendence se maintient en Allemagne."

. 15 July 1993. "Printemps noir en Allemagne."

Human Rights Watch. December 1993. Human Rights Watch World Report 1994. New York: Human Rights Watch.

International Romani Union (IRU). 20-23 April 1993. "Displaced Romanies (Gypsies) Within the New Europe."

Newsweek [New York]. 14 June 1993. "The Laws of Blood."

Reuters. 19 January 1994. Marcus Kabel. "German Police Raid Neo-Nazi Phone Service." (NEXIS)

Time [New York]. 14 June 1993. James O. Jackson. "Born There, Burned There."

Attachments

Amnesty International. February 1994. Federal Republic of Germany: The alleged ill-treatment of foreigners: a summary of concerns in the period June-December 1993. (AI Index: EUR 23/02/94). London: Amnesty International.

. June 1993. Federal Republic of Germany: The alleged ill-treatment of foreigners: a summary of recent concerns. (AI Index: EUR 23/02/93). London: Amnesty International.

. 3 September 1992. Weekly Update. (AI Index: EUR 23/WU 01/92). "Germany: AI Seeks Information Regarding Rostock Riots."

Associated Press (AP). 23 February 1994. Frank Bajak. "Top Neo-Nazi Convicted In Hate Attacks on Poles." (NEXIS)

. 1 January 1994. Frank Bajak. "On New Year's, Refugee Homes Are Attacked And Neo-Nazis Rumble With Turks." (NEXIS)

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, D.C.: United States Government Printing Office, pp. 886-95.

Newsweek [New York]. 14 June 1993. "The Laws of Blood."

Reuters. 19 January 1994. Marcus Kabel. "German Police Raid Neo-Nazi Phone Service." (NEXIS)

Time [New York]. 14 June 1993. James O. Jackson. "Born There, Burned There."