Sacrificial pension

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As victims Pension (also victims pension ) is colloquially known, the monthly allowance for victims of political imprisonment in the former Soviet occupation zone or the GDR . According to Section 17a of the Criminal Rehabilitation Act (StrRehaG) as amended on August 28, 2007, the maximum amount was 250 eurosper month. In accordance with the Bundestag resolution of December 4, 2014, it was increased to a maximum of EUR 300 with the consent of the Federal Council on December 19, 2014. On November 8, 2019, the Federal Council approved an amendment to the law by the Bundestag of October 24, 2019, according to which the minimum length of detention was reduced from 180 days to 90 days, the maximum allowance increased to 330 euros and the law in "Law to improve rehabilitation regulations for Victims of political persecution in the former GDR and to amend the adoption mediation law ”.

Criteria for granting a monthly sacrificial pension

A sacrificial pension is only paid at the request of the injured party and is subject to the following conditions:

  • Deprivation of liberty : The victim's pension is only paid to persons who “ have suffered a deprivation of liberty for a total of at least six months, which is incompatible with the fundamental principles of a free, constitutional order”. In order to avoid problems when calculating the months of imprisonment, a minimum of 180 days of imprisonment is to be stipulated in future. In addition to imprisonment, other forms of detention-like official deprivation of liberty, such as forced labor or forced admission to psychiatric institutions , are assessed as imprisonment . The regional courts decide whether GDR judgments are contrary to the rule of law.
  • Reasons for exclusion : In the event of a violation of the principles of humanity or the rule of law, or of serious abuse of personal position for one's own benefit or to the detriment of others, no victim pension will be granted. This excludes people who “have given the SED dictatorship a considerable boost”. Likewise, no victim's pension is paid if the person concerned has been legally sentenced to imprisonment for an intentional criminal offense. The reason for this amendment, decided on December 2, 2010, was the case of Frank Schmökel , who was convicted of serious violent crimes and who had been imprisoned during the GDR for a failed attempt to escape and therefore applied for a victim's pension.
  • Particular adverse effects on the economic situation : Victim pensions are only given to people whose monthly income does not exceed EUR 1,248 (individuals) or EUR 1,664 (married persons). For each child who is entitled to child benefit , the income limit increases by 364 euros. If the income to be offset is slightly higher, the difference is paid. Income from pensions and child benefit will or should no longer be taken into account in the future. (As of January 1, 2011)

According to the current legal situation, an estimated 42,000 people are considered eligible. Currently (as of 2010) almost 37,000 of them are receiving a victim pension.

history

On September 18, 1953, the Bundestag passed extensive financial reparations for those persecuted by the Nazi regime with the Federal Compensation Act (BEG) . This was followed in 1955 by the Prisoner Assistance Act, which provided support for those arrested by the Soviets .

In March 1990, the first freely elected People's Chamber in the GDR discussed a law on compensation for SED victims. In addition to criminal rehabilitation , this also provided for financial compensation and social compensation. The law was passed almost unanimously on September 6, 1990 by the People's Chamber. In subsequent negotiations for unification treaty , the refused federal government but to take the law fully into federal law, which is why various provisions already occurred a few days later suspended. Nevertheless, the Unification Treaty provided for the rehabilitation of the "victims of the SED injustice regime [...] to be combined with appropriate compensation".

On October 29, 1992 the Bundestag passed the law on the rehabilitation and compensation of victims of unlawful criminal prosecution measures in the accession area . The 1st SED Injustice Act provided for the victims of the SED regime to be paid a one-time lump- sum compensation of DM 300 for each month of imprisonment . There were also other benefits for persecuted people in social distress or people who had suffered serious health problems as a result of their imprisonment.

On January 1, 2000, the Bundestag raised the compensation to the usual amount for innocent prisoners of DM 600 per month of imprisonment. A second SED Injustice Elimination Act ( Administrative Rehabilitation Act ) came into force in 1994. It regulates the rehabilitation and compensation for unlawful administrative measures (arbitrary authorities) in the GDR. In 1998 victims' associations presented a draft law that provided for an increase in pensions for SED victims, but this failed in the mediation committee . In June 2000, the CDU / CSU parliamentary group introduced a draft for a third SED law to clean up rights in the Bundestag, which provided for an honorary pension for SED victims who had been wrongly imprisoned for many years, but which was rejected in May 2001. Two other drafts from the CDU, CSU and FDP parliamentary groups were also rejected in January 2004.

For the 2005 Bundestag elections , the CDU included the demand for a victim's pension for SED victims in its election program, which was also included in the coalition agreement between the CDU, CSU and SPD after the election . In January 2007, the governing parties agreed on the key points of the planned new regulation. The draft adopted on June 13, 2007 received the approval of the Bundestag on July 6, 2007. With the signing of the Federal President and publication in the Federal Law Gazette , the law came into force on August 29, 2007.

criticism

The legal regulations on victim pensions have met with a wide range of criticism from victims' associations. On the one hand, it is claimed that the victims of National Socialism were treated differently. The victim pension for SED victims is generally lower than the honorary pension for those persecuted by the Nazi regime and is not paid regardless of income, but only when economic needs arise. On the other hand, it is criticized that, according to the current legal situation, victims of political imprisonment outside the accession area (for example from the former eastern German areas) are excluded from victim pensions. Victims who were not incarcerated but instead were subjected to decomposition measures are also excluded from financial rehabilitation.

literature

  • Eisenfeld, Peter: Deficits in the rehabilitation of those politically persecuted by the SED regime , in: Germany Archive 1/2002, pp. 59–74.
  • Boy, Hubertus : The perpetrators are among us. On the glossing over of the SED dictatorship , Berlin 2007, pp. 201-252.
  • Plogstedt, Sibylle: "Knastmauke" - The fate of political prisoners in the GDR after German reunification , Psychosozial-Verlag, Gießen 2010.

Web links

See also

Individual evidence

  1. ^ Fifth law to improve rehabilitation regulations for victims of political persecution in the former GDR ( Federal Law Gazette 2014 I p. 2408 )
  2. ↑ Law to improve rehabilitation regulations for victims of political persecution in the former GDR and to amend the Adoptionsvermittlungsgesetz . PDF. Federal Council printed matter.
  3. ↑ a b c Der Tagesspiegel from February 14, 2010: No honorary pension for offenders .
  4. ↑ § 8 StrRehaG - single standard. Retrieved February 6, 2018 .
  5. ↑ The special monthly allowance according to § 17a StrRehaG ( Memento from January 17th, 2008 in the Internet Archive ).
  6. ↑ See Der Tagesspiegel of April 11, 2009: Schmökel does not receive a victim pension , viewed on December 4, 2011.
  7. ↑ See victim pension comes with a delay , in: Der Tagesspiegel of August 28, 2007.
  8. ↑ See Handelsblatt of March 13, 2010: victim pension for almost 37,000 former GDR prisoners .
  9. ↑ Treaty between the Federal Republic of Germany and the GDR on the establishment of the unity of Germany of August 31, 1990, Article 17. Quotation n. The Treaties for the Unification of Germany, p. 52.
  10. ↑ See German Bundestag: Printed matter 14/3665 of June 27, 2000.
  11. ↑ Cf. Andreas Lämmel : Information on the SED victim pension ( memento of the original from October 24, 2007 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. (PDF; 138 kB). @1@ 2Template: Webachiv / IABot / www.andreas-laemmel.de
  12. ↑ See associations of those persecuted by communist tyranny: Schwerin Declaration on Honorary Pension of May 14, 2005.
  13. ↑ See dpa press release of May 11, 2002: Political GDR prisoners want compensation like Nazi forced laborers .
  14. ↑ See only for poor victims , in: Der Tagesspiegel from January 28, 2007.