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Germany: New round on "bugging" laws

01 November 1995

Before the 1994 general elections plans to introduce police powers to "bug" into the penal prosecution code were frustrated by disagreements between the Christian Democrats and the Liberal FDP. The FDP wanted to preserve its liberal image and refused to support the necessary change to the constitution. Now, after doing badly in elections over the last two years, the new party leadership has decided to put the question in a referendum to its party members. Meanwhile the Land of Baden Württemberg has put forward a motion in the second chamber of the Federal parliament, the Bundesrat (which represents the Länder governments), to introduce two constitutional amendments. The first, amending Article 13, inviolability of residence (Unverletzlichkeit der Wohnung), would limit its application to allow bugging and technical surveillance inside a flat or a house in cases involving major crimes (especially organised crime). The second to Article 14, property rights, goods and money to be forfeited if they were used in or came from a criminal act. The onus would be on the owner to prove they possessed the goods legally. The Baden Württemberg government is a coalition of Christian Democrats and Social Democrats (SPD). If the proposal, which is based on a SPD 1994 draft, is approved by the Bundesrat it will be passed to the Bundestag. In its session of 3 November the Bundesrat approved a motion, from Bavaria and Berlin, to extend powers to use telephone tapping to cases of corruption. Süddeutsche Zeitung, 4-5 & 6.11.95.