Identifier
Created
Classification
Origin
07BERLIN1772
2007-09-19 13:34:00
CONFIDENTIAL
Embassy Berlin
Cable title:
CHANCELLERY REACTS SKEPTICALLY TO JUSTICE
how-toVZCZCXRO2060 PP RUEHAG RUEHROV DE RUEHRL #1772/01 2621334 ZNY CCCCC ZZH P 191334Z SEP 07 FM AMEMBASSY BERLIN TO RUEHC/SECSTATE WASHDC PRIORITY 9316 INFO RUCNFRG/FRG COLLECTIVE PRIORITY RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY RUEAIIA/CIA WASHDC PRIORITY RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY RUEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY RHEHNSC/NSC WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 001772
SIPDIS
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: DECL: 09/18/2017
TAGS: PTER PGOV PREL KHLS KJUS GM
SUBJECT: CHANCELLERY REACTS SKEPTICALLY TO JUSTICE
MINISTRY'S PROPOSED ANTI-TERRORISM MEASURES
REF: A. BERLIN 1767
B. BERLIN 1398
Classified By: DCM John M. Koenig for reasons 1.4 (b) and (d).
Summary
C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 001772
SIPDIS
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: DECL: 09/18/2017
TAGS: PTER PGOV PREL KHLS KJUS GM
SUBJECT: CHANCELLERY REACTS SKEPTICALLY TO JUSTICE
MINISTRY'S PROPOSED ANTI-TERRORISM MEASURES
REF: A. BERLIN 1767
B. BERLIN 1398
Classified By: DCM John M. Koenig for reasons 1.4 (b) and (d).
Summary
1. (C) New draft anti-terrorism legislation proposed by
Justice Minister Zypries (SPD) has come under fire from the
other side of the governing grand coalition. Chancellery
Director General for Interior and Legal Affairs Michael
Wettengel told EMIN September 18 that the new draft
counterterrorism legislation proposed by the Justice Ministry
would likely not be an effective prosecutorial tool against
those suspected of having attended an overseas terrorist
training camp due to the difficulty of obtaining evidence and
proving that such persons actually intend to commit terrorist
attacks. These concerns were echoed by a number of Bundestag
parliamentarians who publicly criticized the proposed
amendments as not going far enough and difficult to implement
in practice. Wettengel viewed the proposal as a hastily
developed response to the public outcry concerning homegrown
terrorist threats in Germany following the September 4
arrests of three individuals suspected of having attended a
terrorist training camp in Pakistan (Ref A). The Justice
Ministry draft is the latest proposal in a continuing debate
within the cabinet regarding measures to strengthen Germany's
counterterrorism legal framework and will likely face
resistance within the cabinet in its current form.
End Summary
2. (U) On September 18 the Justice Ministry, which is
responsible for amendments to the criminal code, released a
draft proposal to increase the scope and penalties for a
number of terrorism-related offenses. These include
broadened criminalization of preparatory actions for
terrorist attacks such as participating in terrorist training
or conducting training for others with the intention to
commit a terrorist attack; creating, obtaining, or storing of
weapons or substances or devices to be used in an attack;
obtaining or storing devices or precursors to create weapons
or bombs; and the financing of terrorist attacks. The
Justice Ministry explained that these new provisions are
intended to increase prosecutorial powers against those who
train in foreign terrorist camps as well as permit
authorities to take earlier action against those in the
planning stages of a terrorist attack.
3. (U) Further provisions in the new proposal would penalize
the distribution, including on the internet, of materials or
manuals on how to conduct terrorist attacks. Lastly, there
is a provision that would permit the deportation, or refusal
of re-entry, to non-citizen residents who violate these new
measures.
4. (U) The Justice Ministry draft came under immediate
criticism from CDU Domestic Policy Spokesman Wolfgang Bosbach
who judged the proposal to be inadequate given its
requirement that prosecutors be able to prove that those who
undertake terrorism training have the intention of committing
actual attacks. Bosbach indicated that meeting this legal
standard would be too difficult in practice and therefore
render the new legislation ineffective. Green Party
parliamentarian Volker Beck criticized the proposal for being
vague and open to interpretation.
5. (C) Director General Wettengel does not believe the
measure will be an effective prosecutorial tool due to the
difficulty of developing a technical, legal definition of
what terrorist training entails or what constitutes a
terrorist training camp. Developing evidence and proving in
a court of law that a suspect intended to engage in acts of
terrorism would also be difficult. Wettengel said he sees
the proposed legislation more as a psychological tool
designed to reassure the public rather than a measure that
will have any real teeth. He said it was not yet clear how
or when the cabinet would act on the Justice Ministry
proposal. As a procedural matter, such a proposal needs to
be circulated and agreed upon within the government before
being approved by the cabinet and finally submitted to the
Bundestag for adoption.
BERLIN 00001772 002 OF 002
6. (C) With the appearance of the Justice Ministry draft
there are now two main counterterrorism legislative proposals
circulating. The first, crafted by the Interior Ministry
(run by CDU Minister Schaeuble) is aimed at enhancing the
investigative powers of the Federal Criminal Police (Ref B)
and has met with considerable resistance from Zypries due to
data privacy concerns. Given Bosbach and Wettengel's
statements it seems likely that cabinet agreement on the
Justice Ministry proposal will not be easy and we expect
CDU/Interior Ministry demands for revisions that would make
it easier to prosecute individuals who attended overseas
terrorist training camps.
TIMKEN JR
SIPDIS
STATE FOR EUR/AGS
SIPDIS
E.O. 12958: DECL: 09/18/2017
TAGS: PTER PGOV PREL KHLS KJUS GM
SUBJECT: CHANCELLERY REACTS SKEPTICALLY TO JUSTICE
MINISTRY'S PROPOSED ANTI-TERRORISM MEASURES
REF: A. BERLIN 1767
B. BERLIN 1398
Classified By: DCM John M. Koenig for reasons 1.4 (b) and (d).
Summary
1. (C) New draft anti-terrorism legislation proposed by
Justice Minister Zypries (SPD) has come under fire from the
other side of the governing grand coalition. Chancellery
Director General for Interior and Legal Affairs Michael
Wettengel told EMIN September 18 that the new draft
counterterrorism legislation proposed by the Justice Ministry
would likely not be an effective prosecutorial tool against
those suspected of having attended an overseas terrorist
training camp due to the difficulty of obtaining evidence and
proving that such persons actually intend to commit terrorist
attacks. These concerns were echoed by a number of Bundestag
parliamentarians who publicly criticized the proposed
amendments as not going far enough and difficult to implement
in practice. Wettengel viewed the proposal as a hastily
developed response to the public outcry concerning homegrown
terrorist threats in Germany following the September 4
arrests of three individuals suspected of having attended a
terrorist training camp in Pakistan (Ref A). The Justice
Ministry draft is the latest proposal in a continuing debate
within the cabinet regarding measures to strengthen Germany's
counterterrorism legal framework and will likely face
resistance within the cabinet in its current form.
End Summary
2. (U) On September 18 the Justice Ministry, which is
responsible for amendments to the criminal code, released a
draft proposal to increase the scope and penalties for a
number of terrorism-related offenses. These include
broadened criminalization of preparatory actions for
terrorist attacks such as participating in terrorist training
or conducting training for others with the intention to
commit a terrorist attack; creating, obtaining, or storing of
weapons or substances or devices to be used in an attack;
obtaining or storing devices or precursors to create weapons
or bombs; and the financing of terrorist attacks. The
Justice Ministry explained that these new provisions are
intended to increase prosecutorial powers against those who
train in foreign terrorist camps as well as permit
authorities to take earlier action against those in the
planning stages of a terrorist attack.
3. (U) Further provisions in the new proposal would penalize
the distribution, including on the internet, of materials or
manuals on how to conduct terrorist attacks. Lastly, there
is a provision that would permit the deportation, or refusal
of re-entry, to non-citizen residents who violate these new
measures.
4. (U) The Justice Ministry draft came under immediate
criticism from CDU Domestic Policy Spokesman Wolfgang Bosbach
who judged the proposal to be inadequate given its
requirement that prosecutors be able to prove that those who
undertake terrorism training have the intention of committing
actual attacks. Bosbach indicated that meeting this legal
standard would be too difficult in practice and therefore
render the new legislation ineffective. Green Party
parliamentarian Volker Beck criticized the proposal for being
vague and open to interpretation.
5. (C) Director General Wettengel does not believe the
measure will be an effective prosecutorial tool due to the
difficulty of developing a technical, legal definition of
what terrorist training entails or what constitutes a
terrorist training camp. Developing evidence and proving in
a court of law that a suspect intended to engage in acts of
terrorism would also be difficult. Wettengel said he sees
the proposed legislation more as a psychological tool
designed to reassure the public rather than a measure that
will have any real teeth. He said it was not yet clear how
or when the cabinet would act on the Justice Ministry
proposal. As a procedural matter, such a proposal needs to
be circulated and agreed upon within the government before
being approved by the cabinet and finally submitted to the
Bundestag for adoption.
BERLIN 00001772 002 OF 002
6. (C) With the appearance of the Justice Ministry draft
there are now two main counterterrorism legislative proposals
circulating. The first, crafted by the Interior Ministry
(run by CDU Minister Schaeuble) is aimed at enhancing the
investigative powers of the Federal Criminal Police (Ref B)
and has met with considerable resistance from Zypries due to
data privacy concerns. Given Bosbach and Wettengel's
statements it seems likely that cabinet agreement on the
Justice Ministry proposal will not be easy and we expect
CDU/Interior Ministry demands for revisions that would make
it easier to prosecute individuals who attended overseas
terrorist training camps.
TIMKEN JR