A/HRC/13/40/Add.1
reaction in unusual incidents, which was enabled primarily by building-technological
security standards and the placement of areas intensively used by the public in the vicinity
of the entrance. Further, relevant measures were taken in specific cases if a foreseeable
danger might exist. In this specific case, this type of danger could not be anticipated in
advance, however, the Government indicated that more care and sensitivity will surely be
called for. Due to the grave incident at the Dresden Regional Court, in addition to the
already-existing measures, there is now an increased focus on preventive measures which
are designed to prevent bringing weapons and other dangerous items into the court building.
The leadership level of the authorities in the courts and public prosecution offices have
already taken measures in the exercise of their right to make rules in the building. These
focus on increased access control, to the extent possible with the assistance of technical aid
devices. Also, since 17 August 2009, members of a private security service have been
employed at Dresden Regional Court to assist with access control. Metal detector frames
and hand-held scanners are used as well.
96.
The Government indicated that the incident had contributed greatly to sensitizing the
public and those working in the justice system. The case had been extensively discussed in
the German media as well and the people in Germany were unanimous in clearly expressing
their outrage and sharp condemnation. The government and justice system in Saxony were
well aware of the special dimension of the case and had reacted accordingly to clearly and
publicly express condemnation of the racist crime. Among other things, the State Minister
of Justice, Mr. Geert Mackenroth, visited the husband of the deceased woman in the
hospital. Also, the Senior Public Prosecutor for the District of Alexandria in Egypt was
personally received by Mr. Fleischmann, Public Prosecutor General of the Free State of
Saxony and by the State Minister in order to gain an impression of the progress of the
investigation. Claims by the family of the victim for financial compensation were being
given favourable consideration by the competent offices in the Free State of Saxony,
however, evaluation of these claims had not yet been completed.
97.
Furthermore, the Government noted that it accorded great importance to the
integration of Muslims and to a dialogue with Islam. It emphasized that Germany was
engaging in multifaceted measures designed to protect and promote Muslims in Germany as
well as to foster intercultural and interreligious dialogue. Examples of such measures were
contained in the 16th to 18th State Report pursuant to Article 9 of the International
Convention on the Elimination of All Forms of Racial Discrimination, and in the first State
Report within the scope of the Universal Periodic Review procedure before the Human
Rights Council of the United Nations. Special mention was also made of the German Islam
Conference (Deutsche Islam Konferenz), which in 2006 created the first national framework
for fostering relations between the state and Muslims in Germany.
(c)
Observations of the Special Rapporteur
98.
The Special Rapporteur is grateful that the Government of Germany replied to the
communication of 24 August 2009. She also welcomes that the Criminal Chamber of the
Regional Court of Dresden delivered its judgment on 11 November 2009 by which it
convicted Mr. Alex W. to life imprisonment for the xenophobic murder of Ms. Al-Sherbini
and for the attempted murder on her husband.
99.
Furthermore, the Special Rapporteur wishes to take this opportunity to refer to her
framework for communications, more specifically to the international human rights norms
and to the mandate practice concerning the vulnerable situation of religious minorities (see
para. 1 above, category C. 5.).
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