Germany: Criminalisation of anti-racist groups
01 January 2000
At 6am on 19 December, around 1,000 police officers, federal border guards, the anti-terrorist unit (GSG 9) and other special forces stormed the Mehringhof cultural centre in Berlin-Kreuzberg. They spent 12 hours searching the 5,000 square metre complex, which houses over 30 social projects, leaving damage estimated at 100,000 DM (?33,300). Simultaneously, three people were arrested in Berlin and Frankfurt, accused of the "formation or membership of a terrorist organisation" under Paragraph 129a of the Criminal code. Two of the accused are supposed to have taken part in a series of attacks by Revolutionaere Zellen (RZ) and Rote Zora between 1986-7 against individuals and buildings connected with the implementation of "Germany's racist refugee policies".
The recent arrests were apparently based on statements made by a suspected former RZ member, Tarik Mousli from Berlin. Mousli was arrested on 23 November 1999 on the basis of incriminating statements made by former RAF member Hans-Joachim Klein who in turn was arrested in France in 1998. Mousli had already given evidence earlier in November 1999 which led to nine house searches in Berlin and Frankfurt/Main. The arrests of 19 December followed specific allegations made by Mousli against Axel H the caretaker of the Mehringhof centre and Harald G, activist and founding member of the Forschungsgesellschaft Flucht und Migration (Research Centre on Flight and Migration, FFM), which is also located in the Mehringhof complex. Sabine E, the partner of another suspected RZ member was arrested on the same day in Frankfurt/Main.
Sabine E and Harald G are accused of the attempted bomb attack on the Social Security Centre for Asylum Seekers in Berlin on 6 February 1987 as well as the attack on Guenter Korbmacher, the then presiding judge of the Federal Administrative Court, on 1 September 1987. Sabine E is further alleged to have taken part in a similar attack on Harald Hollenberg, the former chairman of the Berlin Immigration Authority, on 28 October 1986. The charges are not only lack of evidence but they are outdated and therefore not be prosecuted as the public prosecution has admitted. According to the Bundesanwaltschaft (Federal Prosecutor's Office, BAW) in Karlsruhe, the attacks "portray the dangerous nature of the terrorist organisation RZ", despite the fact that it officially declared an end to its activities over a decade ago. Para 129a was introduced in 1976 to criminalise not only the formation and membership but also the proselytising of terrorist organisations. The provision has enabled authorities to prosecute and investigate activists despite the lack of specific allegation, ie: the lack of any crimes. Allegations under Para 129a also allow for the immediate detention of the suspects without having to establish if they have committed a specific crime and they are always refused bail. The recent allegations have also allowed the authorities to raid a plethora of social organisations entirely unconnected to the criminal spectrum, leaving damage which the small organisations will not be able to recover.
Mousli had also contended that there was an RZ depot of weapons and explosives hidden in the Mehringhof complex, apparently referring to an incident on 4 July 1987, when "unknown "RZ"-members stole over 100 kilograms of the industrial explosive Gelamon 40 as well as other explosives in Salzhemmendorf...The majority of this explosive has not been recovered up to today" (BAW press release). Silke Studzinsky, the lawyer representing Harald G, is not surprised about the far-reaching nature of Tarik Mousli's statements as he was giving evidence under the crown witness regulation (Kronzeugenregelung) which was due to expire on 12 December 1999. The regulation, also enforced during the 1970's RAF period, gives lesser penalties to those accused of "membership in a terrorist organisation" if they denounce others and give evidence. This provision has been criticised<