Bavarian State Office for the Protection of the Constitution

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Bavarian State Office for the Protection of the Constitution
- BayLfV -

Coat of arms of Bavaria
State level Free State of Bavaria
position Higher authority
Supervisory authority Bavarian State Ministry of the Interior
founding 1950
Headquarters Munich
Authority management Burkhard Körner , President
Servants 552 (as of: 2018)
Budget volume € 41.178 million (as of 2020)
Web presence www.verfassungsschutz.bayern.de

The Bavarian State Office for the Protection of the Constitution (BayLfV) is the state authority for the protection of the constitution in the Free State of Bavaria , based in Munich. Its president is Burkhard Körner .

history

Office building in Milbertshofen-Am Hart in the north of Munich

The State Office for the Protection of the Constitution in Bavaria was established by law of November 22, 1950 with retroactive effect to November 1. On February 20, 1950, the Office of the US High Commissioner for Germany , Office of the State Commissioner for Bavaria, authorized the Bavarian state government in writing to set up a "small office for the purpose of securing news about subversive activities" The federal law on cooperation between the Federation and the Länder in matters relating to the protection of the Constitution , which came into force on September 1950, called for the establishment of a Land authority to deal with matters relating to the Protection of the Constitution in its Section 2 (2).

According to a study commissioned by the parliamentary group of the Greens, numerous experts with relevant experience from the ranks of the Gestapo were taken on when the authority was founded . B. SS-Hauptsturmführer Leonhard Halmanseger, who had already proven himself at the Reich Main Security Office in fighting the political opponents of the Nazis, or SS-Sturmbannführer Joseph Schreieder , who before 1945 was responsible for fighting the resistance in the Netherlands as a Gestapo man and who came to the State Office via the BND forerunner Organization Gehlen . In 1951, the US occupation forces rejected four of six proposed new constitution protection officers, referring to their past. Among those rejected was Halmanseger, for whom the then Interior Minister Wilhelm Hoegner (SPD) found a pragmatic solution: he officially became an officer of the Bavarian border police , but actually worked for the protection of the constitution. Other employees of the Office for the Protection of the Constitution also became official employees of the border police. Under the influence of the Cold War, the reservations of the US agencies against the experienced anti-communists diminished, so that people like Halmanseger now officially became constitution protection officers. As early as 1965, the "small office" approved by the Allies, originally employing 26 people, had grown to 173 employees.

At the end of the 1980s, the State Office and the Upper Bavaria Police Headquarters moved into an office building built for the two authorities in Knorrstrasse in the Am Hart district of Munich .

From 1991 onwards, the Bavarian State Office played a key role in establishing the State Office for the Protection of the Constitution in Saxony .

Since October 2004, the State Office for State Protection is working with the state police together as part of the Working Group Birgit ( B eschleunigte I dentifizierung and R ückführung of G efährdern in the field of i slamistischen T errorismus / extremism).

Employees and budget

In the budget for 2018, around 552 posts for civil servants and collective bargaining employees were shown. The budget is around 41.178 million euros in 2020.

On its website, the state office states a budget volume of around 20 million. This status is from 2001 and has not yet been updated.

The state office uses the services of the data center south, which has been set up at the Bavarian State Office for Statistics and Data Processing since 2006 . It pays the amount of € 3,900 for this in 2013.

In 2013, the State Office paid the amount of € 231,600 for the School for the Protection of the Constitution.

In the Bavarian budget 2013/2014 there is in chapter "03 15" (protection of the constitution) the title "special purposes" in the amount of 1,651,300 €, which can only be checked by the President of the Bavarian Supreme Audit Office.

The state office has 61 purchased vehicles.

Legal basis

The legal basis for the work of the Bavarian State Office for the Protection of the Constitution is the “Bavarian Constitutional Protection Act (BayVSG)” of July 12, 2016 (GVBl. P. 145, BayRS 12-1-I) in the currently applicable version. The Article 10 Act also applies.

management

Period Surname comment
1950 - August 1951 Wilhelm Frank part-time support for the protection of the constitution
September 1951 - October 1954 Karl Kurz
October 1954 - March 1960 Martin Riedmayr
August 1960 - October 1971 Karl Sturm
November 1971 - March 1981 Hans Ziegler The Hans Langemann affair fell during his tenure
July 1981 - March 1987 Hermann Haring
March 1987 - July 1987 Ernst Bschorr acting management
July 1987 - February 1994 Hubert Mehler
March 1994 - November 2001 Gerhard Forster The first three murders of the NSU terror trio in Bavaria occurred during his time
November 2001 - July 2005 Günter Gold
2005 - July 2008 Wolfgang Weber
Since August 2008 Burkhard Körner Started his career as a judge at the Munich Administrative Court .

control

The LfV is subject to technical and service supervision by the Bavarian State Ministry of the Interior .

tasks

The Office for the Protection of the Constitution participates in security checks, among other things . The legal basis for this is the Bavarian Security Review Act.

Controversy

Despite a ruling by the Bavarian Administrative Court , according to which the Antifascist Information, Documentation and Archive Office Munich e. V. (aida) is to be removed from the Constitutional Protection Report 2008, this organization was also included in the Constitutional Protection Reports 2010 and 2011. In a comparison in 2012, the Bavarian Ministry of the Interior undertook to retroactively withdraw the classification of the aidaeV as "left-wing extremist" and to amend the respective annual reports accordingly. Furthermore, the Ministry of the Interior assures that the association will no longer be mentioned in the report for the protection of the constitution.

The Bavarian State Association of the Association of Those Persecuted by the Nazi Regime - Association of Antifascists (VVN-BdA) filed a lawsuit against the Free State with the Bavarian Administrative Court in the summer of 2011. The lawsuit relates to the passages on the VVN-BdA listed in the state's report on the protection of the constitution for 2010, as prominent members were defamed in them. The Bavarian state chairman of the VVN, Ernst Grube , a survivor of the concentration camps of the “ Third Reich ”, is named in the report for the protection of the constitution and sees it as a defamation.

In connection with the investigation of the unrecognized series of murders of the right-wing extremist terror group National Socialist Underground (NSU), the establishment of the right-wing extremist Thule network is discussed . Apparently the State Office was involved in the establishment and establishment of the network through an undercover agent, to whom it paid more than 150,000 marks for the technical operation of the network. This V-man radicalized himself only after taking up his work for the Bavarian constitution protection, had good contacts to the Thuringian homeland security , which came from the NSU, and according to the Thuringian neo-Nazis and V-man of the local state office for the protection of the constitution Tino Brandt "naturally" has that NSU trio Uwe Mundlos , Uwe Böhnhardt and Beate Zschäpe knew. Kai D. - a computer expert from the Upper Franconian district of Kronach and at that time still the boss and owner of a security service - is supposed to draw up a "death list" with 250 political opponents, z. B. from the Antifa scene.

In its preliminary final report, the NSU investigative committee attests that the employees of the Office for the Protection of the Constitution, who observed right-wing extremism in the 1990s, lacked competence.

In November 2015, the Bavarian State Office for the Protection of the Constitution stopped observing members of the Bavarian Parliament of the Left Party . The Bavarian state association and its members are classified by the State Office for the Protection of the Constitution in Bavaria as "left-wing extremist" . For example, when applying for the public service or as part of an external lecture at a Bavarian school, explicit questions are asked about membership in the party. The responsible Minister of State, Joachim Herrmann , commented in 2013 after the Federal Office for the Protection of the Constitution lifted the surveillance of members of the Bundestag of the party Die Linke:

“I see no reason to change our Bavarian practice. (...). I consider the observation of the party Die Linke by the constitution protection to be correct and necessary. Sections of the Left Party are clearly anti-constitutional and shape the party in its entire orientation. "

- Joachim Herrmann

See also

literature

  • Susanne Meinl / Joachim Schröder: "Attitude towards the democratic state: no hesitation" On the early history of the Bavarian State Office for the Protection of the Constitution (1949–1965) , Alliance 90 / The Greens in the Bavarian State Parliament (ed.) ( PDF )

Web links

Individual evidence

  1. ↑ a b History of the Bavarian State Office for the Protection of the Constitution ( Memento of the original from July 15, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. () @1@ 2Template: Webachiv / IABot / www.verfassungsschutz.bayern.de
  2. ↑ a b c www.bayern.de  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Bayerisches Landesportal - press release: "Change of President State Office for the Protection of the Constitution" of July 31, 2008. Accessed on July 17, 2010.@1@ 2Template: Toter Link / www.bayern.de  
  3. ↑ Constitutional Protection Report of the Bavarian State Office for the Protection of the Constitution 2018 [1]
  4. ↑ Felix Bohr: Study: The Brown Roots of the Bavarian Protection of the Constitution Spiegel-Online from July 22, 2013
  5. ↑ Michael Richter: The formation of the Free State of Saxony . Peaceful revolution, federalization, German unity 1989/90. Vandenhoeck & Ruprecht , Göttingen 2004, ISBN 978-3-525-36900-5 , p. 895 ( digitized version on Google Books ).
  6. ^ Islamist extremists. (No longer available online.) Archived from the original on July 3, 2009 ; Retrieved May 2, 2009 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.stmi.bayern.de
  7. ↑ Constitutional Protection Report of the Bavarian State Office for the Protection of the Constitution 2018, page 20. Accessed on May 18, 2019 .
  8. ↑ Section 03. In: Bavarian State Parliament. Free State of Bavaria, accessed on June 25, 2020 .
  9. ↑ Structure of the State Office on its website ( memento of the original from March 7, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. () @1@ 2Template: Webachiv / IABot / www.verfassungsschutz.bayern.de
  10. ↑ Budget 2013/2014 of the Free State of Bavaria, Section 03 A, Title 981 11-2 (PDF; 1.7 MB)
  11. ↑ Budget 2013/2014 of the Free State of Bavaria, Section 03 A, Title 632 01-7 (PDF; 1.7 MB)
  12. ↑ Budget 2013/2014 of the Free State of Bavaria, Section 03 A, Title 534 01-6 (PDF; 1.7 MB)
  13. ↑ Budget 2013/2014 of the Free State of Bavaria, Section 03 A, Title 811 01-0, see explanations on page 155 (PDF; 1.7 MB)
  14. ↑ Bavarian Constitutional Protection Act (BayVSG, PDF)
  15. ↑ Website of the Bavarian State Parliament of October 9, 2012: NSU investigative committee starts with the hearing of witnesses ( archive ( memento of December 30, 2012 on WebCite ))
  16. ↑ Observation order. (No longer available online.) Archived from the original on April 22, 2009 ; Retrieved May 16, 2009 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.verfassungsschutz.bayern.de
  17. ↑ Bavarian Security Review Act . Retrieved October 16, 2019 .
  18. ↑ Reign of Suspicion. The Bavarian State Office for the Protection of the Constitution plays with the anti-fascist archive aida Hase and Igel Neues Deutschland from August 24, 2011
  19. ↑ aida fully rehabilitated
  20. ↑ VVN-BdA complains against the Free State of Bavaria (PDF; 889 kB), p. 3
  21. ↑ Kurt Pätzold : Suspicious of suspicion. The VVN-BdA in the distorting mirror of the Bavarian constitution protection
  22. ↑ Telepolis magazine from November 25, 2011: "Without democratic control"
  23. ^ Süddeutsche Zeitung of November 15, 2012: NSU Committee in the Bavarian State Parliament: The state neo-Nazi network
  24. ↑ Süddeutsche Zeitung of October 23, 2012: NSU Committee of Inquiry: The Big V-Mann Question
  25. ^ Frankenpost from October 19, 2012: Scandal about V-Mann from Upper Franconia
  26. ↑ Rheinische Post from October 17, 2012: Used in the NSU environment: V-Mann apparently distributed a death list  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.rp-online.de  
  27. ↑ Süddeutsche Zeitung of July 4, 2013: Bavarian State Parliament: NSU committee makes massive accusations against authorities
  28. ↑ Gregor Gysi: In Bavaria, too, observation of left-wing MPs by the Office for the Protection of the Constitution finally stopped. Report on the Internet site of the party Die Linke Bayern from November 18, 2015. ( Memento of the original from February 12, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / die-linke-bayern.de
  29. ↑ Document of the government of Upper Bavaria regarding "Instruction on the duty of loyalty to the constitution in the public service" . Retrieved February 11, 2016. p. 4.
  30. ↑ See document in Item 35
  31. ↑ Süddeutsche Zeitung of July 9, 2013: Have you ever been to the Left Party? Author Sebastien Gierke. Retrieved February 11, 2016.
  32. ↑ Focus Online: “Verfassungsfeinde” - Bavaria wants to keep the Left under observation January 24, 2013, accessed on February 11, 2016.
  33. ^ Süddeutsche Zeitung of November 23, 2009: 60 years of the district administration department; The chief inspectors
  34. ↑ Süddeutsche Zeitung of January 19, 2012: Discussion about the protection of the constitution: Simply abolish


Coordinates: 48 ° 11 ′ 32 "  N , 11 ° 34 ′ 16"  E