TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 80

CONFIDENTIAL

GERMANY, FEDERAL REPUBLIC OF

Report by HM Embassy, Bonn

General Observations

1.

There are extensive safeguards for basic human rights in the FRG, a natural reaction to the excesses of the National Socialist regime.

2.

(a)

The FRG's record is open to criticism in two respects:

the slowness of legal procedures sometimes means long periods of imprisonment prior to trial (four defendants in the Baader- Meinhof trial spent three years in gaol before being brought to trial);

(b) those who are regarded as opponents of the democratic and

constitutional state can be excluded from the public service. This is essentially a security measure, necessary in a divided country in which the other half is communist. Nonetheless it has given rise to criticism inside and outside the FRG on the grounds that human rights are infringed.

Right No.

(i)

There is no imprisonment without trial. There are,

in rare cases,

delays in bringing defendants to trial "within a reasonable time".

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(ii) Torture is not used.

(iii) Slavery does not exist.

(iv)

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There are no restrictions on freedom of speech, of the press, television and radio.

(v) The judiciary is independent.

(vi) There is full trade union freedom.

O

(vii) There is full freedom to emigrate.

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CONFIDENTIAL