Federal judge A.D. Dieter Deiseroth on the striking approach of security authorities in the case Anis Amri
"This is an obvious disaster, a super gau of the German security authorities involved." That says the former judge at the Federal Administrative Court, Dieter Deiseroth, in the interview with Telepolis on behavior of the resorts with regard to the Attesta, the. December had encountered a terrorist attack on a Berlin Christmas market.
At the center of the interview are several explosive file notes, which have made the residence associated with Anis Amri. From them is emerging: Amri explained to a V-man that he was intensifying, connecting in Germany (from 1:30).
It is one for Deiseroth "Worse case of state failure", Despite such clear qualifications, the security authorizations have not arranged effective losses for danger to Amri. He raises the question: "Who has decided and to answer for that in the period from September 2016 to the attack on 19.12.In 2016, these danger tasks of the police are not effectively perceived and not even the necessary personal and personal information, news and documents were further procured and evaluated by the federal regulations of the federal and affected Landers?"
Mr Deiseroth: A few days ago, on 19. December 2016, a heavy terrorist attack with a variety of dead and injured has occurred on a Berlin Christmas market. On the 23. In December, the ARD focal point broadcast reported on several records of a trusted person (VP) of the Landeskriminal Office (LKA) of North Rhine-Westphalia. The listing marks show that the mutual tatter has to have spoken to make a stop in Germany. What do you think about these file notes?
Dieter Deiseroth: These excerpt explosive brief notes, which could be seen in the ARD broadcast in copy, are obviously the editors "Report Munchen", So the Bayerischer Rundfunk, to be played by insiders. They look very authentic according to their content and diction. Amazing, I find that in the ARD focal point broadcast was not further investigated the conclusions to be drawn, neither from the moderator Sigmund Gottlieb nor in the further news broadcasts. What is the exact content of this file notch?
Dieter Deiseroth: The first two notes shown in the ARD broadcast of 17. and from 30. November 2015, two more of February and Marz 2016. These papers, according to their content and also the information in the ARD television post-modered by Sigmund Gottlieb, were manufactured by relief German safety cases. Apparently they are part of the files including the LKA North Rhine-Westphalia. In them, over several secret contacts and meetings of informal employees ("Trust") The relevant authorities with the Mutagable Berlin Attesta Anis Amri reports. The notes dismiss that Amri announced the respective confidant, "Takes in Germany to commit". He also explained "offered as a potential attender" to have, "around "to commit attenance in Germany" and that it "His mission was to death in the sense of Allah". In addition, this results from the file distribution of 30.11.2015, among other things, the German security authorities have become known about the monitoring of the monitoring of his telecommunications, "that Amri is interested in the Internet for chemical formulas that can be used to produce explosives".
"The police are also responsible for the important tasks of danger defense and hazard pravention"
What you conclude from these signs?
Dieter Deiseroth: If this listing marks are authentic, so no imagination products, then it follows that the LKA North Rhine-Westphalia as well as the authorities of the Berliner police officially informed of the Berliner Police, the Berlin General Official Office, the Federal Criminal Police, the General Federal Lawyer and the Secretary of Germans In any case, domestic intelligence services since November 2015, so since a year, under witnesses, glamored crime intensities of Anis Amri were known. As a result of one of the notes, Amri was even driven by a taxed confident in the spring of 2016 by car to Berlin, the place of the attack,. Again, he could obviously frolic and buff on contacts. And this, although he was provided for abroad and for a as soon as possible attribution by the foreigners. He was a statement of one of the file notes "by Krafte the Berlin police observed", However, there could still be understood there. The Attenta of the Berlin Christmas Market was therefore in the run-up to the terrorist attack over many months on the "Radar screen", yes in the hands of German security authorities, which he had even revealed his terrorist ideas and violent objectives. And yet the terrorist attack was on the Christmas market on 19. December 2016 take place. This is an obvious disaster, a super gau of the German security authorities involved. So therefore, it is known that the behavior Amri superimposed, but then the maws have set in September 2016. Supposedly no stressful hints have found that the 24-year-old tarpaulin tarpaulin. But, if, as you’ve already caught, in a file note, AMRI has explained to the V man, "By means of war weapons (AK 47, explosive) Connecting to the Connection in Germany", is that if there is no sufficient notice for such a person mandatory further macers from the agencies had to be made?
Dieter Deiseroth: If it should be true that the law enforcement behavior (police and public prosecutor) have set their criminal investigation against Amri in September 2016 due to lack of sufficient evidence, then this could relate to the lack of detections for a criminal offense committed. The attitude of the law enforcement habits apparently went to lack of evidence for a criminal offense entitled at least in the experimental stage according to § 211 StGB ("murder") or a crime according to § 89a StGB ("Preparation of a serious state-hazardous violence"To). But not that the police or intelligence services were condemned and committed. If you have been able to find out, why an observation has been attached by the catching protection goods and why the police keeps on Amri had to stay tuned?
Dieter Deiseroth: In addition to the repressive task of persecution of committed crimes, the police are also the important tasks of danger defense and hazard pravention. Due to the document notes mentioned in the present indication of the evidence mentioned in the above-mentioned amed assassinous assets AMRIs, the legal requirements for the required police measures for danger and hazard pravention are available. For this purpose, the police in Berlin were the very wide general and also the special risk powers available (§§ 17 FF. Asog Berlin), including § 25 Asog Berlin U.a. Data collection due to long-term observation and use of technical means against suspicious. As far as Amri was in other federal stations, the police mersions had the corresponding wide powers. And as it was with the powers of domestic intelligence services, ie the federal safety behavior of the federal government and the Lander? These were after the appeal of the criminal proceedings of law enforcement behaviors (U) after the apparently in September 2016 (U.a. Landeskriminal Office, Federal Criminal Police Office, Attorney General) The Hande tied?
Dieter Deiseroth: No, just the opposite. According to § 3 no. 1 of the Federal Scalp Protection Act (BVerfSchG) and the parallel regulations for the country’s penal protection against those affected have our domestic intelligence services.a. The task of "Collection and evaluation of information, in particular of personal information, news and documents, surveys against the liberal democratic basic order, … and the security of the federal or a country are addressed …"To). "Aspirations against the liberal democratic principle" are according to § 4 Abs. 1 C BVERFSCHG "such politically determined, targeted and appropriate behaviors in one or for a personal collection, which is directed to eliminate one of the preamble principles referred to in paragraph 2 of the provision or to put an export". Behavors of individuals who do not act in one or for a personal collection are aspirations within the meaning of this law, if they are directed to application of violence or due to their effectively, a protective material of this law is significantly damaged. To these preamble principles as constituents of the "Freedom democratic basic order" pay u.a. "the human rights concretized in the Basic Law" (§ 4 ABS. 2G BVerfSchG), therefore, the fundamental rights on life and body integrity (kind. 2 ABS. 2 sentence 1 Basic Law).