Annual Report: Germany 2010

Report
May 28, 2010

Annual Report: Germany 2010

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  • Khaled Kenjo, a deported Syrian Kurd, was detained 12 days after his arrival in Syria by the State Security, a Syrian secret service agency, on 13 September. After three weeks of incommunicado detention, during which he said he was tortured, Khaled Kenjo was charged with broadcasting "false" news abroad that could damage the reputation of the state. This charge by the Military Court in Qamishli was allegedly related to his political activities in Germany.

The government negotiated a re-admission agreement with Kosovo. Several federal states forcibly returned Roma to Kosovo despite the risks faced by Roma in cases of enforced return. In November, the Council of Europe Commissioner of Human Rights expressed concern at this practice.

Migrants' rights

Irregular migrants and their children had limited access to health care, education, and judicial remedies in cases of labour rights violations. Hesse Federal State was due to change its administrative practice on 1 January 2010 so that head teachers would no longer be required to report the identity of a child to the Aliens' Authority, where foreign nationals are required to register. The new regulatory rules governing the Aliens Act state that public hospitals are exempt from reporting the identity of irregular migrants in cases of emergency treatment.

Police and security forces

In December, the Federal Court of Justice held a public hearing on Oury Jalloh, who died in police custody in 2005 from heat shock caused by a fire in his cell. At the hearing, the Court criticized the investigations. The relatives of Oury Jalloh and the Public Prosecution Office lodged an appeal against the judgement of the Dessau Regional Court which had acquitted two police officers.

In May, the Federal Agency for the Prevention of Torture started its work, under Article 3 of the Optional Protocol to the UN Convention against Torture. Concerns were raised that it lacked sufficient financial and human resources.

The government and military came under pressure from the media and opposition parties following the general election for withholding information about a NATO airstrike near Kunduz, Afghanistan, on 4 September. Up to 142 people, including civilians, were killed (see Afghanistan entry). Consequently, three senior government and military officials were forced to resign in November. On 16 December, a parliamentary inquiry began its examination of the government's handling of the attack and its aftermath.

Economic relations and human rights

In July, the government withdrew the export credit guarantee that it had granted to a German company for its activity in the Il?su dam project in Turkey. The decision to withdraw was jointly taken with the Swiss and Austrian governments after independent experts concluded that the project would not meet agreed standards. The construction of the dam was expected to displace at least 55,000 people, and the resettlement policy did not meet international human rights standards.

Legal developments

Despite the government's announcement in 2008 that it would sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, it had not done so by the end of the year.

The Council of Europe Convention on Action against Trafficking in Human Beings had not been ratified by the end of the year and Germany continued to be a destination and transit country for women trafficked for sexual exploitation.