Federal Minister of the Interior Nancy Faeser wants to authorize the BKA to carry out secret apartment searches. A lawyer explains who is at risk and what she thinks of the move.
Federal Minister of the Interior Nancy Faeser (SPD) wants to allow the Federal Criminal Police Office (BKA) to carry out covert searches of homes in certain cases. This is stated in a draft from her department, which is still being discussed within the federal government. The measure should therefore only be permitted if “there is a concrete danger situation with regard to the preparation of a terrorist attack and there is only uncertainty as to the specific stage in which the planning of the crime is at,” the draft states in its justification.
Ms Braun, Federal Minister of the Interior Nancy Faeser wants to allow the BKA to secretly enter and search apartments in the future. As a criminal defense attorney, how do you assess this step?
I view this critically. Secret state interventions are the absolute exception in a constitutional state and require very good reasons. The Federal Constitutional Court made this clear in a 2007 decision on bank account queries. I also fear that this regulation will not remain in place. Today it is about terror suspects, tomorrow perhaps about suspects in abuse cases.
Eder JVA InterviewWho does the planned change in the law actually affect?
As far as I understand the media reports, it is initially only about terror suspects.
And who is this?
There is no precise definition. Section 5 of the BKA Act defines the prevention of the dangers of international terrorism and Section 129a of the Criminal Code defines the formation of a terrorist organization. From these two sections, one can then deduce which people and which crimes are involved.
Alexandra BrownSo other suspects do not have to fear secret searches for the time being?
As far as I can tell at the moment: no.
FS History of the RAF16:30
Do you think the change in the law will find the necessary majority in the Bundestag?
I’m pretty sure, yes. Given the current situation and the fear of terrorism, I don’t even expect the Greens to intervene.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
