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

• Autores: Thomas Gärtner
• Localización: European journal of law and economics, ISSN 0929-1261, Vol. 36, Nº 2, 2013, págs. 319-348
• Idioma: inglés
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• Resumen

  • 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.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.