In May, the federal Parliament passed a law
that facilitated the detention of people
representing a “significant security threat” to
society, pending their deportation. The law
also granted the Federal Office for Migration
and Refugees the power to seize the
electronic devices of asylum-seekers who do
not possess identity documents.
In July, the state of Bavaria increased the
period of administrative police detention
without charge for “potential attackers” from
14 days to up to three months.
RIGHT TO PRIVACY
In June, the federal Parliament passed a law
granting police authorities the power to use
new surveillance techniques, including by
installing surveillance software on computers
and phones.
Also in June, a Higher Administrative Court
ruled in an urgent procedure that the
indiscriminate retention of data prescribed by
a law that was due to enter into full force in
July, was not in compliance with EU law. The
law was not enforced pending the final ruling.
Also in June, a parliamentary committee of
inquiry – established in 2013 following
Edward Snowden’s revelations regarding the
USA’s surveillance of its allies, including
Germany – concluded that the Federal
Intelligence Service had resorted to an overly
broad interpretation of surveillance laws and
had implemented surveillance measures,
such as mass surveillance of foreign-toforeign communications, without sufficient
legal basis and oversight.
REFUGEES AND ASYLUM-SEEKERS
There were 222,683 asylum applications
made, a drop by 70.1% compared to 2016,
and the decisions on 68,245 claims were
pending.
The right to family reunification for
beneficiaries of subsidiary protection
remained suspended throughout the year.
This had a particularly negative impact on
Syrian refugees who were increasingly
granted subsidiary protection instead of full
refugee status, providing them with fewer
rights.
174
Despite the worsening security situation in
Afghanistan, authorities continued to forcibly
return Afghan nationals whose asylum claims
had been rejected, in violation of the
principle of non-refoulement. By the end of
the year, 121 Afghan nationals had been
forcibly returned.
In March, the Federal Council rejected a
draft law from the government that sought to
classify Algeria, Morocco and Tunisia as
“safe” countries of origin and to establish a
fast-track procedure to determine the refugee
status of applicants from those countries.
Germany had relocated around 9,100
asylum-seekers who had arrived via Italy and
Greece by the end of December. Germany
also resettled almost 280 refugees from Egypt
and Lebanon, and around 2,700 Syrian
refugees from Turkey as part of the EUTurkey deal.
DISCRIMINATION – HATE CRIMES
In June, the second Committee of Inquiry –
established by Parliament in 2015 to address
the authorities’ failure to investigate the racist
crimes perpetrated by the far-right group
Nationalist Social Underground (NSU)
between 2000 and 2007 – concluded that
the authorities had to establish clear rules for
infiltrating “far-right extremist” movements,
provide long-term funding to civil society
initiatives against racism and assist victims of
racist crimes. The authorities continued to fail
to launch an official investigation into the
potential role of institutional racism behind
Germany’s failure to investigate the crimes
committed by the NSU.
In the first nine months, the Interior Ministry
reported 1,212 criminal offences against
refugees and asylum-seekers, and 210
offences against asylum-seekers’
accommodations. Federal and state
authorities continued to fail to implement a
comprehensive assessment strategy to
identify the risks of attacks against asylum
shelters, in order to provide adequate police
protection if necessary.
In June, following a comprehensive
consultation with civil society organizations,
the federal government adopted a National
Amnesty International Report 2017/18
Select target paragraph3
Add to table of contents