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Democratic Transition Guide

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Democratic Transition Guide MEMORY OF NATIONS Democratic Transition Guide [ The German Experience ] CONTENTS AUTHORS TRANSFORMATION OF THE POLITICAL SYSTEM . 3 HANS ALTENDORF Former Executive Director of the Office of the Federal Com- DISMANTLING THE STATE SECURITY missioner for the Records of the State Security Service of APPARATUS ........................... 8 the former German Democratic Republic (BStU) (2001–2014). REGIME ARCHIVES ...................... 15 JOACHIM FÖRSTER Lawyer, Head of the Department of the Use of Stasi-Doc- LUSTRATION AND THE PROCESS OF VETTING . 22 uments at the Federal Commissioner for the Records of the State Security Service of the former German Democratic INVESTIGATION AND PROSECUTION Republic (BStU) (since 2003). OF THE CRIMES OF THE REGIME ........... 25 ANNA KAMINSKY REHABILITATION OF VICTIMS .............. 29 Director of the Federal Foundation for the Study of the Com- munist Dictatorship in the former German Democratic Re- EDUCATION AND PRESERVATION OF SITES public (GDR) (since 2002). OF CONSCIENCE ........................ 33 CHRISTOPH SCHAEFGEN TIMELINE OF THE MAJOR EVENTS .......... 38 Former Chief Prosecutor in Berlin responsible for investigat- ing the crimes of the former GDR regime (1994–1999). SOURCES USED AND FURTHER READING . 40 This case study is a part of the publication “Memory of Nations: Democratic Transition Guide” (ISBN 978-80-86816-39-5). This publication is available to download at www.cevro.cz/guide. [ 2 ] MEMORY OF NATIONS: DEMOCRATIC TRANSITION GUIDE – ThE GERMAN EXPERIENCE TRANSFORMATION OF THE POLITICAL SYSTEM HANS ALTENDORF INTRODUCTION As far as the development of the GDR (and the SOZ) is con- cerned, different phases and events can be listed: Meanwhile, the communist dictatorship history within the Soviet ■ The path to a dictatorship has been eagerly paved already in Occupation Zone (SOZ) and the German Democratic Republic the Soviet Occupation zone by the USSR. (GDR), the previous history as well as the Peaceful Revolution of ■ The process of “Establishing Socialism” was marked by 1989 has become a very profoundly and holistically researched Stalinism. topic of contemporary history, of social and political sciences ■ The workers’ uprising from 1953 has shattered the system. and is part of a number of popular scientific and journalist works. ■ The ongoing refugee movements from the GDR to the FRG: This both applies for overviews as well as for numerous singular From 1949 until 1961 2.7 million GDR citizens left the country. studies on the state and society. ■ The construction of the Berlin Wall that had started on Au- The following political system transformation outline can gust 13th 1961 prevented a mass refugee movement to highlight merely a few of the most significant aspects. the West to a large extent. Within the context of profound changes in Europe’s politi- ■ The 1960s witnessed a cautious opening within the interior cal order which took place in 1989–1991, dealing with the Soviet accompanied with simultaneous striving for international ac- Occupation Zone (SOZ) and the GDR requires one fundamental claim, attempts at modernizing the economy; all this being introductory remark. linked with reinforced suppression. ■ On the one hand, the Peaceful Revolution within the GDR that ■ During the 1970s, there was a “controlled opening” within took place in the autumn of 1989 and paved the way towards the interior, the influence of the policy détente became visible the reunification of the two Germanies on October 3rd 1990, and the Helsinki Final Act issued at the Conference on Security is partly a story of how the communist dictatorships in Eastern and Cooperation in Europe appeared (CSCE). and Central Europe were overcome. There are many parallels ■ The 1980s: economic decline, the Socialist Unity Party of regarding the onset, the regime structures, the secret polices’ Germany’s inability to undergo reforms, the formation of operational methods etc. with the central and eastern Euro- an opposition pean “fraternal countries” belonging to the Soviet imperium. The number of GDR inhabitants declined from 19.1m in 1949 ■ On the other hand, the development within the GDR, its fall down to 16.4 m in 1989. In comparison – the FRG’s number of and the transformation into a democratic constitutional state inhabitants was 47.7 m in 1950 and 63 m in 1989. are most closely linked with the very specific situation preva- Summing up, it can be said that the GDR’s system was lent in the separated Germany following WW2: The Soviet Oc- a dictatorship shaped by the Soviet Union and a regime where cupation Zone that became the GDR in 1949, and the Western the Socialist Unity Party of Germany (Sozialistische Einheit- Allies’ Zones that called themselves the Federal Republic of spartei Deutschland, hence the abbreviation SED in German) Germany from 1949 and became a stabilized parliamentarian as the Marxist-Leninist workers’ class party, i.e. a communist democracy, embedded into western pacts and value systems. party in effect, was ascribed the key role. There were neither The whole transformation process that was linked to taking free elections nor an independent judiciary. Both the division over the rules and structures applicable in the western part of powers and administrative as well as constitutional law of Germany, is influenced by this very specific character in matters were unknown to this system. The Ministry for State many ways (from the political, economic, administrative and Security, the Stasi, operated as a secret and uncontrolled po- societal point of view). This is why the German transition is lice with comprehensive powers and was used to provide for substantially different in comparison to that in other states the maintaining of power and suppressing of the opposition from the formerly Soviet-governed sphere. or people having a different opinion. Censorship, a non-ex- istent freedom of press, freedom of expression and freedom to travel as well as the persecution of the political opposition SITUATION GIVEN AT THE BEGINNING: were the characteristic traits of this state system. Yet exerting THE GDR SYSTEM the domination throughout the GDR’s 40 years of existence dif- fered: there was the Stalinist repression during the foundation The allied victorious powers (USA, USSR, Great Britain, France) phase, the violent suppression of the uprising in 1953, internal divided the land following Nazi-Germany’s unconditional sur- opening phases, concessions in line with international détente render in 1945 into four occupation zones, with Berlin being di- processes (e.g. as a result of the Conference on Security and vided in the same way, yet being assigned special status. Cooperation in Europe – Helsinki Final Act) accompanied by Following the allies’ victory against the mutual opponent, an ongoing repression of the opposition within the country. the contrasts between their systems rapidly became apparent Furthermore, it was important that suppressing the freedom of again. Different countries were established: within the western press and freedom of opinion became an important counter- zones, it was the Federal Republic of Germany in May 1949, and balance as far as the western media and the east-west travelling in the eastern zone, it was the GDR in autumn 1949. were concerned. MEMORY OF NATIONS: DEMOCRATIC TRANSITION GUIDE – ThE GERMAN EXPERIENCE [ 3 ] THE GDR RULERS PRIOR own self-perception of providing for the safety and stability of TO THE PEACEFUL REVOLUTION the party’s reign. Furthermore, other state institutions such as the People’s The Secretariat of the Central Committee and the Socialist Unity Police or the military performed indispensable governance or Party of Germany Politburo consisted of approximately 40 per- control tasks for the SED-dictatorship. sons who formed the power core within the GDR. 500 to 600 peo- ple can be regarded as the top power elite. Apart from the already mentioned elite, these people were the members and candidates REACTION OF THE OLD SYSTEM of the Central Committee, the First Secretaries of the Socialist TOWARDS THE CHANGE Unity Party District administrations, the Heads of Department within the Central Committee apparatus as well as the top gov- When the political and societal changes in the other Eastern erning committees of the so-called mass organizations. Ideologi- block countries and especially within the USSR became appar- cal and social homogeneity was provided for by a targeted cadre ent at the end of the 1980s, the Honecker-led SED stuck to its policy including careful control exerted by the Ministry for State orthodox hardline policy. It was unable to undergo reforms. It has Security (MfS). become clear from the files that the SED-leadership had already As a second tier, we can name the administrative service been in decay during this phase of the Peaceful Revolution. Yet class: members of the State Council, of the Ministerial Council, the citizens were not aware of this at all as the state functions of the People’s Chamber, of the managing committees within were upheld, including all their flaws. The demonstrating people the State Control Commission, of the combines, of the Stasi and could not have foreseen the party’s and state leadership’s reac- military units, of the higher Socialist Unity Party of Germany tions towards their protest. managing level, of the so-called block-parties and mass organi- The communal elections in 1989 became the starting point zations, of the scientific institutes within the Central Committee of a broader opposition movement that
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