Consequences in the fight against terrorism

Germany too faces the threat of terrorism. This has been clear for some time now. Since the attack on 19 December 2016, when a lorry ploughed into a Berlin Christmas market, it is a sad certainty. Twelve people died in the terrorist attack, for which the IS has claimed responsibility. The act was committed by the Tunisian Anis Amri, who had applied for political asylum in Germany under a number of different names. A few days later he was shot by an Italian police officer in Milan during a routine traffic check.

The discussion about ways of preventing terrorist attacks in Germany began immediately after the deed in Berlin. At the start of January, the Federal government responded with legislative measures. Federal Minister of Justice Heiko Maas went on record at the start of the second week in January saying: “There has been enough talking, now is the time to take decisions.” On 10 January, together with Federal Minister of the Interior Thomas des Maizière, he then presented a set of measures for homeland security. Together with their teams, the two ministers drew up the points outlined below. These do not constitute a legislative package, but rather consist of several individual laws, which in some cases have existed since the early summer:

1. A mandatory residence obligation will be introduced for asylum seekers who have forged their identity. This tightens up the previous conditions governing their place of residence and in this way government is very clearly emphasizing that false statements about identity will not be tolerated.
    
2. There are plans to facilitate detention pending deportation (up to 18 months). A new reason for detention will also be introduced: This applies in the event of an imminent threat of danger to security or the threat of a terrorist attack in Germany, or if no replacement passport documents can be presented for a period in excess of three months.
    
3. Stricter surveillance conditions for foreigners obliged to leave the country if public security is threatened. Electronic ankle bracelets will be introduced for such cases.
    
4. A swift amendment of legislation is envisaged whereby the ankle bracelet could also be used on people deemed to be a danger to the public. These are people in whose case there is no concrete evidence of a planned crime but with regard to whom “specific facts” justify the authorities’ supposition “that they will commit crimes of considerable significance”.
    
5. A bill envisaging the introduction of electronic ankle bracelets for convicted criminals has already been drawn up.
    
6. Custody pending deportation will be extended to 10 days.
    
7. Preventive measures will be improved. For this reason, both ministers advocate a prevention strategy in the fight against terrorist threats. “We must combat radical Islam with a prevention campaign,” Federal Minister of Justice Maas said.
    
8. Furthermore, both ministers emphasized that if need arise, thought would have be given to development cooperation in order to increase the pressure on home countries who refuse to take back citizens whose asylum applications have been rejected. If negotiations get bogged down, then “all policy areas” would have to be included in the equation, Federal Minister of the Interior Thomas de Maizière said.
    
9. The bill on the storing of air passenger data will be implemented swiftly. This represents the translation of an EU directive into German law.
    
10. Both ministers also wish to see an improvement in the exchange of information among EU states. Existing data gaps will be closed and the smooth exchange of data between states guaranteed.

Increasing security in Germany without excessively restricting civil rights is the declared aim of both ministers.

You can read about how experts and media are responding to the initiative here:

How much security is right?
Germany is discussing strategies and new laws for dealing with people deemed to be a danger to the public.