E/CN.4/1996/72
page 8
27.
The German Government also made observation on certain passages
(paras. 144-148 and 150) of the Special Rapporteur’s report to the
General Assembly at its fiftieth session (A/50/476); those observations are
reproduced below:
"The accounts of criminal acts in Germany in the
Special Rapporteur’s report are partly incorrect, incomplete or
misleading. For example, the description of the case of arson in
Mellendorf on 8 January 1995 is not consistent with the facts. The fire
was actually caused by a technical defect. A politically motivated
criminal act or terrorist attack can definitely be ruled out. The fire
in mobile homes in Arsberg on 2 February 1995 was started by the
occupants themselves to show their dissatisfaction with their living
conditions.
"Some of the report’s statistics require correction. The
percentage of cases solved in Germany is higher than as stated in the
report. It increased from 23.8 per cent in 1993 to 33.5 per cent
in 1994. The Rapporteur’s list of banned extreme right-wing
organizations is incomplete. Since 1992, five have been banned by the
Federal Ministry of the Interior and six by the interior ministries of
the Länder.
"The information on German criminal procedure and especially on
the Priem case is inaccurate. Arnulf Priem was convicted by the Berlin
regional court on 23 May 1995 not merely for illegally possessing weapons
and racist propaganda material but for disparaging the State and
constitutional institutions, using symbols of former Nazi organizations
and keeping objects which contain such symbols, and for forming an armed
gang and violating the Weapons Act. He was given a prison term of
three years and six months and the judgement is final." 2/
28.
The Special Rapporteur would nevertheless like to make some remarks on
the handling of the information he receives or seeks, in particular the
allegations of racist incidents.
29.
The German Government has made observations which, at its request, have
been brought to the attention of the General Assembly (A/50/476, para. 16).
The German authorities expressed regret that no adversary procedure had been
instituted making it possible to obtain the views of Governments on the racist
or xenophobic incidents reported by non-governmental organizations or by
certain Governments.
30.
The Special Rapporteur would like to reiterate the observations he made
in paragraph 17 of his report in document A/50/476 of 25 September 1995: "The
Special Rapporteur wishes to draw attention to the administrative and
financial constraints (relatively short deadlines for the preparation and
submission of reports to the Commission and to the General Assembly,
consultations with Governments, administrative secretariat and translation of
documents ...) which make such a procedure impracticable in the immediate
future. None of the recommendations about the means required for the proper
execution of the mandate have been followed up. For the time being, the
Special Rapporteur is trying to the best of his ability to inform Governments