Human Rights of Armed Forces Personnel
Box 6.2: Reporting information to official bodies in Germany208
Under Section 14 of the Legal Status of Military Personnel Act, even after leaving
military service, military personnel must maintain the secrecy of matters that became
known to them in the course of their official duties. This does not apply to the
communication of information in the line of duty, or to the reporting of known facts or
facts that do not need to be kept secret, or in cases where, on grounds of reasonable
suspicion, a corruption offence under Sections 331 to 337 of the Criminal Code is reported
to the competent highest service authority, a law enforcement agency or other agency
or external body designated by the highest service authority.
Military personnel must not give evidence of such matters in court or out of court, or
make any statement without prior permission. Permission must be obtained from the
disciplinary superior of the service member in question or, if the service member is no
longer in military service, from their last disciplinary superior. The deliberate violation of
official obligations is a disciplinary offence and may lead to disciplinary action.
Use of mobile phones
Of those participating States that responded to the ODIHR survey, none reported entirely
prohibiting service personnel from using mobile phones.209 It is likely that any such blanket
prohibition would violate both the right to freedom of expression and the right to respect
for private life, while also being almost impossible to enforce in practice. Indeed, the
Committee of Ministers of the Council of Europe has recommended that “where members
of the armed forces are posted abroad, they should, as far as possible, be able to maintain
private contacts and reasonable means should be provided to this end”.210 The specific
regulation of mobile phone use in particularly sensitive contexts where security is at risk is,
however, defensible.
Most OSCE participating States reported providing guidance aimed at attenuating such
risks (namely, Denmark, Estonia, Finland, Germany, Greece, Ireland, Latvia, Malta, Norway,
Romania, Slovakia, Slovenia, Sweden and Switzerland). In Finland, restrictions on the use of
mobile phones apply during military exercises and on premises where top secret information
is being handled. Failing to adhere to these limits can result in disciplinary action. In
February 2019, the Russian Federation’s lower house of parliament voted to ban the use of
smartphones by military personnel while on duty, although mobile phones with basic calling
and messaging functions are still allowed.211 In Ireland, unit liaison officers seek to mitigate
208 Response of Germany to the ODIHR-DCAF 2018 questionnaire.
209 A decree against the use of mobile phones by members of the Armed Forces of the Republic of Armenia is
under review.
100
210
Council of Europe, Recommendation CM/Rec(2010)4, op. cit., note 26, para. 38.
211
Federal Law of the Russian Federation of March 6, 2019 No. 19- “On Amendments to Articles 7 and 28-5 of
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