A/HRC/7/3/Add.1
page 109
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
deprivation of liberty (section 239 of the Criminal
Code). The same criminal procedure instruments
are available to it for this purpose as to the
Federal Public Prosecutor General. The Stuttgart
Public Prosecution Office has therefore
undertaken a further examination of the
allegations. With its order of 11 January 2007, it
then also refrained from initiating investigation
proceedings on suspicion of unlawful deprivation
of liberty or other criminal offences (not within the
remit of the Federal Public Prosecutor General), in
accordance with section 152 (2) of the Code of
Criminal Procedure. According to this order, there
was no suspicion of criminal conduct by German
citizens, in particular by German liaison officers
working at the U.S.-EUCOM headquarters, which
would have required the initiation of investigation
proceedings. In this respect, it stated that there is
merely information that liaison persons of the
German armed forces work at U.S.-EUCOM
headquarters in Stuttgart-Vaihingen and were also
working there at the time of the action in question.
However, there was no information linking these
persons to participation in the transfer of the six
Algerians to Guantanamo. The Public Prosecution
Office also stated that it was not known which
persons were involved in arranging the handover,
in whatever manner, on the U.S. side, and it also
was not known who was responsible for the action
(particularly at the U.S.-EUCOM headquarters in
Stuttgart). Furthermore - according to the order members of the U.S. forces are not subject to
German jurisdiction. Article VII 3 (a) (u) of the
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