Portrayal of Germany Was Incorrect

In “2 Views on 1st Amendment” (March 13) on legal aspects of the use of the Internet in Germany, it states that “all Germans must register with the police” and that “prosecutors may imprison certain suspects for months without formally charging them.” Both statements are incorrect. Furthermore, they are used in a context creating the impression of German citizens blindly abiding by any regulation coming their way, be it car washing, child pornography or blocking out neo-Nazi propaganda.

The following information should contribute to correct that view of German society:

1. German citizens do not have to register with the police. They are obliged to give their addresses to the administration of the community where their permanent residence is, thus securing, e.g., their relevant voter registration.

2. Crime suspects cannot be imprisoned by prosecutors in Germany. The prosecutor has to present each and every case to a judge who makes a decision whether or not to imprison a suspect in order to secure criminal investigation and to prevent further criminal acts. This kind of imprisonment is only possible under strictly defined preconditions and is subject to short time limits, which can be renewed only through another ruling by a judge. Prosecutors are often confronted with the situation that the time frame of imprisonment is too short for their investigation needs.

3. Regulation is not a goal in itself in Germany, nor do German citizens leave existing regulations unquestioned. There is, however, a common conviction among Germans that regulation is necessary in areas where mere confidence in the responsible use of personal freedom is not enough to safeguard the freedom of other citizens and of the community as a whole. In these areas, regulations ultimately do not cut short but protect individual freedom. As Ms. Walsh justly points out, extremist political propaganda inciting hate and easily inducing hate crimes is one of the fields we should be able to regulate, in Germany and elsewhere.

HANS ALARD von ROHR

Consul General of the

Federal Republic of Germany

Los Angeles