A/50/476
English
Page 11
Special Rapporteur to be an important step taken by the United Nations in
combating a problem of universal dimensions. The Federal Republic of
Germany has always tried to cooperate closely with the Special Rapporteur
to enable him to fulfil his mandate. It has made extensive information
available to him and on 18 October 1994 invited him to visit Germany.
The Federal Government finds it regrettable that the Special
Rapporteur - as in the case of his report to the General Assembly at its
forty-ninth session (A/49/677, annex) - mentions in his report to the
Commission on Human Rights at its fifty-first session (E/CN.4/1995/78)
xenophobic incidents alleged to have occurred in Germany without giving the
federal Government an opportunity to explain its position before the report
went to press. The report submitted by the Special Rapporteur to the
Commission on Human Rights at its fifty-first session contains six full
pages of unverified information relating to 37 incidents which occurred in
Germany and which are described as racist or xenophobic. The source of
this information was Turkish non-governmental organizations.
In Germany, the public authorities have risen to the challenge of
right-wing extremism and xenophobia. All the federal bodies are doing
everything possible to eradicate these phenomena. The police and the
judiciary, in particular, are sparing no effort to prevent acts of violence
and prosecute the perpetrators of such acts with all the means available to
a State based on the rule of law. Acts carried out with right-wing
extremist or xenophobic motives are dealt with under an accelerated
procedure so that the perpetrators can be sentenced as quickly as possible.
At the current stage of the investigations, no more than about one
fifth of the specific cases mentioned in the report submitted to the
Commission on Human Rights at its fifty-first session can be considered
acts motivated by xenophobia or racism. In the great majority of cases, no
xenophobic or racist motive can be found. Moreover, in many cases the
incidents did not take place as described in the report. In so far as the
investigating bodies were aware of the events mentioned in the report, the
police and the prosecutors initiated proceedings and the courts imposed
severe penalties on persons found guilty of such acts.
With regard to the arson attack perpetrated on 25 March 1994 against
the synagogue in Lübeck, four persons were charged and, since 2 May 1994,
have been in pre-trial detention for the attempted murder of five persons
and for grave arson. The main proceedings are under way at present. In
the case of the disturbances which took place on 12 May 1994 at Magdeburg,
11 criminal prosecutions have been initiated since then and 30 German
nationals have been charged. Severe penalties of imprisonment have already
been imposed. The perpetrators of the arson attack at Bielefeld on
20 April 1994 were convicted on 27 October 1994 and given severe custodial
sentences under the criminal law applicable to minors, in some cases
involving imprisonment for several years. Last year criminal charges were
brought against the alleged perpetrators of the incidents which occurred at
Brandenburg on 14 August and 21 September 1994. In the legal proceedings
against the skinheads responsible for desecrating the memorial at
Buchenwald on 23 July 1994, charges had already been brought in August and
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