SETTLING ACCOUNTS WITH A SECRET POLICE: THE GERMAN LAW ON THE STASI RECORDS

In: The Pacific review, Band 50, Heft 2, S. 305-330

Abstract

WHEN TYRANNY IS REPLACED BY DEMOCRACY, THE DEMOCRATIC STATE INHERITS A BAFFLING PROBLEM IN THE FORM OF THE TRYANNY'S STATE PAPERS. SHOULD THESE PAPERS BE KEPT AND USED IN THE PUBLIC INTEREST -- FOR THE PROSECUTION OF THE OLD REGIME'S CRIMES, THE REHABILITATION OF ITS VICTIMS, OR THE PURGING OF ITS PUBLIC SERVICE? IN THIS ESSAY, THE AUTHOR DISCUSSES GERMANY'S EFFORTS TO USE THE DOCUMENTS OF THE STATE SECURITY SERVICE OF THE FORMER GERMAN DEMOCRATIC REPUBLIC (GDR) TO ENACT CORRECTIVE JUSTICE. HE EXAMINES THE RELEVANT GERMAN LAW, CONSIDERS THE IMPACT OF THIS LEGISLATION ON SOCIETY IN THE FORMER GDR, AND REFLECTS ON THE PLACE OF LAW AND LEGAL METHODS IN POST-COMMUNIST TRANSITIONS IN GENERAL.