Concluding observations of the Human Rights Committee
(a) In 1998, the establishment by the German Federal Parliament of a Committee on Human Rights and Humanitarian Aid;
(b) On 8 March 2001, the creation of a new National Human Rights Institute entrusted with the task of monitoring the internal human rights situation and generating public awareness in that area;
(c) The submission by the Federal Government of a biannual human rights report to the German Federal Parliament, which, for the first time in 2002, dealt in detail with the internal human rights situation.
4. The Committee appreciates the measures taken to improve the protection of children, in particular legislation granting children a right to education in a non-violent environment, the removal of remaining differences in the legal status of children born in and out of wedlock, and the introduction of elements of jus soli for children born in Germany to foreign parents.
5. The Committee welcomes the progress made in the area of human rights education, in particular for police officers, soldiers and youth.
6. The Committee notes with satisfaction the State party’s measures and the progress made, despite continuing problems, in combating xenophobic and anti-Semitic violence.
7. The Committee welcomes the State party’s clear and unambiguous position that torture is never acceptable, whatever the circumstances.
8. The Committee commends the continuing positive role of the Federal Constitutional Court in safeguarding fundamental rights, e.g. through its decisions to strengthen the protection of religious liberties and to improve the protection of privacy in the area of audio surveillance of residential premises.
The State party should consider withdrawing its reservations.
11. The Committee notes with concern that Germany has not yet taken a position regarding the applicability of the Covenant to persons subject to its jurisdiction in situations where its troops or police forces operate abroad, in particular in the context of peace missions. It reiterates that the applicability of the regime of international humanitarian law does not preclude accountability of States parties under article 2, paragraph 1, of the Covenant for the actions of its agents outside their own territories.
(b) The State party should also provide training to police in methods of controlling difficult situations without using firearms.
(b) The State party should protect persons who bring complaints of ill-treatment against police officers against intimidation and provide full reparation, including fair and adequate compensation, and rehabilitation to victims and their families.
(c) The State party should improve monitoring of police misconduct by designating a central governmental agency to maintain and publish comprehensive statistics on ill-treatment and other relevant misconduct, including racist abuse, the measures taken in such cases and the results of investigations and disciplinary or penal proceedings. Furthermore, the State party should establish independent bodies throughout its territory to investigate complaints of ill-treatment by the police.
20. While it takes note of the firm stance of Germany in favour of respect for human rights within the framework of the anti-terrorism measures it adopted subsequent to the events of 11 September 2001, the Committee expresses its concern regarding the effect of those measures on the situation of human rights in Germany, in particular for certain persons of foreign extraction, because of an atmosphere of latent suspicion towards them (arts. 17, 19, 22 and 26).
(b) The State party is also requested to undertake an educational campaign through the media to protect persons of foreign extraction, in particular Arabs and Muslims, from stereotypes associating them with terrorism, extremism and fanaticism.
(b) The State party should guarantee the principle of non-discrimination in its practice relating to deportation and return of foreigners to their countries of origin.
23. In accordance with article 70, paragraph 5, of the Committee’s rules of procedure, the State party should provide, within one year, the relevant information on the implementation of the Committee’s recommendations in paragraph 11. The Committee requests the State party to provide in its next report, which it is scheduled to submit by 1 April 2009, information on the other recommendations made and on the Covenant as a whole