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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