Enforcement of rehabilitation for politically persecuted persons during the Soviet occupation of Germany in the terms of the international Covenant on civil and political rights

Thomas Gertner ()

European Journal of Law and Economics, 2013, vol. 36, issue 2, 319-348

Abstract: Nineteen authors have filed a communication to the UN High Commissioner for Human Rights against Germany and the Russian Federation to enforce rehabilitation of their legal predecessors, who were victims of denazification (Russian: Денацификация) measures in Post-War Germany. They reprimand that they and the persons concerned are discriminated by the current German legislation against all other groups of comparably politically persecuted persons on the territory of the former Soviet Occupation Zone of Germany (Russian: Coвeтcкaя oккyпaциoннaя зoнa Гepмaнии), being excluded from the scope of the existing rehabilitation acts, which have come into force after the German Reunification. Whilst any other persecutees can be rehabilitated according to the existing rehabilitation acts (Criminal Rehabilitation Act and Administrative Rehabilitation Act), and whilst victims of denazification measures in the former Western Occupations Zones had been enabled to enforce their rehabilitation in the terms of German acts in the years between 1951 until 1955 after the foundation of the Federal Republic of Germany, those persons who were victims of denazification measures in the former Soviet Occupation Zone are excluded from any rehabilitation. This exclusion is justified by the German legislator and the Federal Constitutional Court with the argument that otherwise the former USSR would not have agreed to the German Reunification. Copyright Springer Science+Business Media, LLC 2013

Keywords: Post-war Germany; Potsdam conference; Denazification and demilitarisation; German civilian courts handling denazification; Assignments of guilt; Rehabilitation; International covenant on civil and political rights; First optional protocol to the international covenant on civil and political rights; Verdict of discrimination; Right on honour and reputation; German unification; Soviet precondition for consent to German unification; Russian rehabilitation law; German criminal rehabilitation act; German administrative rehabilitation act; German compensation and indemnification act; Legislative omission; 42 (search for similar items in EconPapers)
Date: 2013
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DOI: 10.1007/s10657-010-9213-8

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