Federal Minister of the Interior Nancy Faeser wants to authorize the BKA to carry out secret apartment searches. In an interview, a lawyer explains who is at risk and what she thinks of the move.
Federal Minister of the Interior Nancy Faeser wants to allow the BKA to secretly enter and search apartments in the future. As a criminal defense lawyer, how do you assess this step?
I see this critically from a professional point of view. The secrecy of state intervention measures is the absolute exception in a constitutional state and requires special justification. The Federal Constitutional Court made this clear in a 2007 decision on bank account queries. I also see a risk that the regulation will be expanded. Today it is about terror suspects, the day after tomorrow perhaps about suspects in abuse cases.
Eder JVA InterviewWho does the planned change in the law actually affect?
I haven’t had a chance to read the draft bill yet, but as far as I understand the media reports, it only concerns terror suspects.
Who are suspected terrorists according to current law?
There is no precise definition. Section 5 of the BKA Act defines the prevention of the dangers of international terrorism and Section 129a of the Criminal Code defines the formation of a terrorist organization. From these two sections, one can then deduce which people and which crimes are involved.
Alexandra BrownSo other suspects do not have to fear secret searches for the time being?
As far as I can tell at the moment: no.
Do you think the change in the law will find the necessary majority in the Bundestag?
I’m pretty sure, yes. Given the current situation and the fear of terrorism, I don’t even expect the Greens to intervene.
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How great do you think the risk is that the inviolability of the home will be further weakened in the future and the BKA regulation will be extended to other criminal offenses?
I do think that the current initiative is only a first step and that sooner or later other suspects will also have to fear secret home searches.