A/HRC/7/3/Add.1
page 108
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
mandatory requirement within the definition of this
criminal offence, the victim must have been
exposed to the danger of being persecuted for
political reasons. Having regard to Article 16a (1)
of the Basic Law, the Federal Public Prosecutor
General takes the legal view that political grounds
within the meaning of section 234a of the Criminal
Code include racial, religious or philosophical
grounds, and beyond these, association with a
political party or group. The persecution must
therefore involve one of these elements. A
contravention of the rule of law alone, however,
does not necessarily turn persecution into political
persecution within the meaning of this penal
provision. The Federal Public Prosecutor General
therefore decided on 21 December 2006 to refrain
from initiating investigation proceedings, because
no sufficient factual indications were apparent for
any of these criminal offences, which, according to
the definitive statutory regulation, can give rise to
the Federal Public Prosecutor General having
jurisdiction to prosecute. In particular, the Federal
Public Prosecutor General did not see sufficient
indications for the criminal offence of abduction
according to section 234a of the Criminal Code.
This decision of the Federal Public Prosecutor
General did not mean that the examination of the
criminal information process has been concluded.
Rather, it meant only that jurisdiction over the
criminal persecution remains with the Stuttgart
Public Prosecution Office which had the task of
examining the facts of the case with respect to
other criminal offences such as unlawful
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