(de-news.net) – Germany’s Interior and Justice ministries have put forth a 10-point package to improve the country’s response to Islamist terrorism. Expanded surveillance and data-retention powers, stricter penalties for specific knife attacks and terrorist-related activities, modifications to juvenile justice, enhanced information-sharing between authorities, national standards for preventive detention, and more robust extremism-prevention initiatives are all included in the plan.
Interior Minister Alexander Dobrindt (CSU) and Justice Minister Stefanie Hubig (SPD) have presented a 10-point plan designed to strengthen Germany’s response to Islamist terrorism following the terrorist attack at Berlin’s Christopher Street Day (CSD) in late July. The proposed package brings together several areas of security and criminal justice policy, including expanded surveillance and investigative powers, stricter criminal-law provisions, changes to juvenile justice, improved information-sharing among authorities, and stronger measures aimed at preventing extremism. The Cabinet is expected to approve the package in principle, marking the next step in translating the proposed measures into government policy.
A central component of the plan is increased surveillance of individuals considered security risks. The Federal Government intends to expand the use of electronic ankle monitors while providing for greater restrictions on the movements of people subject to such measures. Telecommunications surveillance would also be strengthened through the temporary retention of traffic data, including information concerning communications between individuals. Under specified circumstances, state investigative authorities would receive comparable powers, particularly where there are indications that a crime has been committed or that a security threat exists. Such authority is currently concentrated at the federal level. The proposed framework would also facilitate the retention of IP addresses and other connection information for preventive security purposes, broadening the data available to authorities seeking to identify or assess potential threats.
Plan tightens rules on knife crimes, terrorist propaganda and donations
The criminal-law provisions would be tightened in several areas. Particularly dangerous assaults involving knives or other potentially lethal weapons would be classified as crimes when they place a victim at serious risk of death or severe injury, with a minimum prison sentence of one year envisaged for such offenses. The measure would therefore change the legal classification and sentencing framework applicable to certain serious attacks. At the same time, the government proposes expanding Section 86 of the Criminal Code, which addresses the dissemination of propaganda associated with unconstitutional or terrorist organizations, including material linked to the Islamic State. A new criminal offense is also planned to provide a broader legal basis for prosecuting the collection of donations intended for terrorist purposes.
Changes to juvenile criminal law are intended to establish clearer requirements for applying juvenile provisions to offenders between 18 and 20 years of age. Courts that decide to apply juvenile criminal law would have to explicitly explain the reasons for doing so, while young adults considered sufficiently mature would be subject to adult criminal law. The proposed changes would also make the security interests of the general public a relevant consideration in decisions concerning preliminary probation. A corresponding principle would apply under adult criminal law when courts decide whether a sentence should be suspended, adding public security considerations to the factors examined in such decisions.
Counterterrorism package combines surveillance, criminal justice, and prevention
Improving the exchange of information among security authorities, law-enforcement agencies, courts, and correctional institutions constitutes another major element of the package. In terrorism and extremism cases, prosecutors and other investigative authorities are to be able to obtain and use relevant information gathered for preventive-security purposes. This would include assessments concerning the potential risks posed by individuals, with the aim of ensuring that information held by security agencies can be taken into account during criminal investigations and judicial proceedings. The Federal Government also intends to strengthen police authorities’ capacity to respond to terrorist threats, including through the establishment of nationwide standards governing preventive detention.
Although the package contains substantial enforcement measures, prevention remains an important part of the proposed approach. Existing programs designed to prevent extremism are to receive greater support and be expanded where necessary. The broader strategy presented by Dobrindt is intended to increase the state’s capacity to monitor individuals considered high-risk, restrict channels for terrorist financing, and respond to extremist threats through expanded investigative and preventive authorities. Hubig, for her part, has emphasized that the proposed changes are intended to improve both prosecution and prevention while maintaining proportionality, rule-of-law protections, and established principles governing juvenile justice.
