The Parliamentary Commis Sioner for the Armed Forces Safeguarding

The Parliamentary Commis sioner for the Armed Forces Safeguarding Servicewomen and Men’s Basic Rights and Overseeing the Forces

Regardless of their general right of petition, every servicewoman and man is able to address submissions to the Parliamentary Commissioner for the Armed Forces in order to uncover possible shortcomings within the Bundeswehr. The Commission- er’s mandate is formulated in the Basic Law: ‘A Par- liamentary Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Bundestag in exercising parliamentary oversight of the Armed Forces.’ The Parliamentary Commissioner possesses comprehensive rights that enable them to perform this mandate. They investigate matters upon instructions from the Bundestag, but are also able to pursue complaints from servicewomen and men purely at their own initiative. The Parliamentary Commissioner presents the results of their work once a year in a report submitted to the Bundestag. The present brochure is intended to give some idea of the significance attached to this institution since its creation in 1956. 4 Foreword by the Parliamentary Commissioner for the Armed Forces Hans-Peter Bartels

6 Introduction

8 Historical development

14 The Parliamentary Commissioner’s constitutional position

16 The Parliamentary Commissioner’s official status

Contents 20 Statutory Mandate 22 Servicewomen and men’s basic rights 23 The principles of Innere Führung 26 Parliamentary oversight of the armed forces

28 Official powers 44 The staff of the Parliamentary 29 Rights to information Commissioner for the Armed Forces 30 Powers to make proposals and 46 Organisational structure of the Office recommendations of the Parliamentary Commissioner for the Armed Forces 32 Servicewomen and men’s right to petition the Parliamentary 48 The Parliamentary Commissioners Commissioner since 1959

38 The Parliamentary Commissioner’s 57 Annex annual report 58 Statistics 61 Statutory foundations 42 Submissions to the Parliamentary 74 Information on the Internet Commissioner and other forms of 76 Literature legal protection 78 Index of persons ‘A Parliamentary Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Bun- destag in exercising parliamentary oversight of the Armed Forces.’ The mandate the Basic Law, Germany’s constitution, assigns to the Parliamentary Commis- sioner for the Armed Forces is unequivo- cal and clear. This mandate consists of two elements: safeguarding servicewomen and men’s basic rights, and supporting the Bundestag in the exercise of parliamentary oversight over the armed forces. The Parliamentary Commissioner for the Armed Forces possesses comprehensive rights that enable them to perform this important mandate. For example, they can demand information and access to records from the Federal Ministry of Defence and all its subordinate agencies at any time, and they can visit any unit of the German Armed Forces at any time – and do so unannounced.

Foreword by the Parliamentary Commissioner for the Armed Forces Hans-Peter Bartels

4 These extensive rights, which are unique in this particular form, are indicative of the significance that has been attributed to the Office of the Parliamentary Com- missioner for the Armed Forces since its creation in 1956. would prioritise conscience over blind This institution has lost none of its rele- obedience to illegal orders. After all, the vance in spite of numerous develop- people who serve with Germany’s armed ments in the forces. The Parliamentary forces are not mindless automatons who Commissioner for the Armed Forces simply do as they are told, they are criti- merely has to deal with different prob- cal women and men who think for them- lems and questions. For example, the selves – citizens in uniform. The task of Bundeswehr’s foreign deployments and the Parliamentary Commissioner for the the recent change of course towards col- Armed Forces is to watch closely to en- lective defence in Europe have made is- sure that Innere Führung remains firmly sues of equipment and training consider- rooted in the culture of the armed forces, ably more prominent. especially at a time when they are oper- The development of the principles of ating in many different parts of the world. Innere Führung (leadership and civic This brochure provides an introduction education) was informed by Germany’s to the Office of the Parliamentary Com- historical experience. Even before the missioner for the Armed Forces, the Bundeswehr had been founded, when Commissioner’s functions and the previ- the intensive discussions about its inter- ous holders of this position. In addition nal structure were just starting, it was to this, it offers an overview of their clear that the lessons learned from the Office’s development, their powers and attempted coup of 20 July 1944 had to duties, and the legal foundations for form the starting point for moves that their work.

Hans-Peter Bartels, Parliamentary Commissioner for the Armed Forces.

5 Democracies are at pains to integrate their armed forces into the rest of society and effectively oversee their use of force. Parliamentary oversight is of particular significance here. The Bundeswehr was consequently conceived as a parliamentary army.

Introduction

6 The armed forces play a significant role in the fabric of every state. By virtue of their mission, their structure and the The instruments of parliamentary over- instruments of power with which they sight in Germany take diverse forms, are entrusted, they occupy a special po- ranging from Parliament’s right to fix sition. It is in the interests of the demo- the budgetary resources allocated to the cratic state that the armed forces should armed forces and the accountability of only exploit their opportunities to exert the civilian Federal Minister of Defence influence in accordance with the consti- before Parliament to measures that guar- tutional order. This applies not only to antee service personnel have forms of the use of military force as such, but also legal protection open to them. to the treatment of the servicewomen The specific ways parliaments exercise and men who serve in them. oversight over the armed forces in de- Democratically constituted states are mocracies have developed along what at pains to integrate their armed forces are, in some respects, highly varied strongly into the rest of society and to lines. The form such oversight takes can ensure effective oversight of how those often only be understood in the light forces use their capabilities. In this re- of history. This applies to a particular spect, parliamentary scrutiny is of par- degree for the Federal Republic of ticular significance. Germany.

Visiting Parliament: members of the Bundeswehr follow a sitting of the Bundestag on the visitors’ gallery in the Plenary Chamber.

7 When the Bundeswehr was founded, care was taken to ensure that it would be subject to robust parliamentary oversight. The creation of the Office of the Parliamentary Commissioner for the Armed Forces is regarded as one of the most important achievements in this field.

Historical development

8 It is a distinctive feature of the history of the constitutional provisions concerning the armed forces in Germany that, both in the > Weimar Republic and until the In 1949, the population in the western fall of the ‘Third Reich’ in 1945, the part of Germany adopted a constitution head of state was simultaneously com- modelled on the principles of democracy mander-in-chief of the armed forces. and the rule of law that held sway in However, the absence of democratic other Western European countries and structures in the armed forces was just North America. It did not initially envis- as characteristic. Even in the Weimar age the establishment of armed forces. Republic, democracy ended at the bar- Just a few years later, against the back- racks gate: servicemen were forbidden drop of deepening East-West tensions, any political activity, and were not the USA and Britain began to argue that allowed to either vote or stand in elec- the young Federal Republic of Germany tions. High-ranking representatives of too should be contributing militarily the armed forces made no secret of their to the preservation of freedom in the disdain for the democratic constitution. Western world.

Weimar Republic Following the First World War and the forced abdication of Emperor William II, the Weimar Republic was established in 1918 with Germany’s first democratic, parliamentary constitution. At the head of the Republic stood a Reich President directly elected by the people for seven years, who was part of the executive and held the right to issue emergency decrees. The Reich Government was led by the Reich Chancellor, who was however dependent on the President and the majority in parliament, the Reichstag. The Weimar Republic was swept away in 1933 when the National Socialists seized power and the Reichstag voted for Adolf Hitler’s Enabling Act, thus relinquishing its own rights.

9 An impassioned debate ensued in parliament and society about the re-establishment of armed forces this would entail. possibility of any future misuse of power Memories of the Wehrmacht’s involve- by the military was to be ruled out from ment in the tyranny of the Nazi dictator- the outset. This political will was trans- ship and the experiences of a criminal lated into reality by placing the armed war were still very much alive. Ultimate- forces, as part of the > executive, under ly, the founding of new armed forces the control of a minister accountable to became inescapable as the Cold War be- Parliament, while a Defence Committee tween the East and West escalated. There was set up and endowed with special was broad political agreement that they rights otherwise enjoyed only by the would require special oversight. The Bundestag’s committees of inquiry.

Executive The executive is the branch of the state with the power to implement (‘execute’) legislation. In doing so, it is bound by current law. Apart from the Federal Government, the executive in Germany consist of all authorities of the Federation, the Länder and the municipalities, including the Land administrations, the public prosecution offices, the police and the tax offices, all of which implement laws at different levels. The executive is able to make changes to the law by issuing what are known as ‘ordinances’, where it is specifically empowered to do so by acts that determine the content, purpose and scope of such secondary legislation.

10 The Social Democratic opposition also demanded that, in order to strengthen the mechanisms of parliamentary over- Apart from parliamentary oversight, a sight, the constitution should make further system of control was created provision not merely for the Federal within the Bundeswehr: Innere Führung. Chancellor, but the Federal Minister of After the experiences of the National Defence too to be removed by means of Socialist tyranny that had plunged Ger- a vote of no confidence. This demand many into a criminal war, there was a was rejected emphatically by the ruling desire within the armed forces to anchor majority made up of the Christian Demo- an ethos that obliged each individual to cratic Union (CDU), the Christian Social be ultimately responsible for their own Union (CSU) and the Free Democratic actions. No command can supplant an Party (FDP). A compromise was reached, individual’s conscience, while the right according to which a Parliamentary to resist attempts to subvert the consti Commissioner for the Armed Forces tutional order and install a dictatorial was to be appointed as an additional regime is even explicitly formulated in instrument of parliamentary oversight the famous, unamendable Article 20 alongside the Defence Committee. of the > Basic Law.

Basic Law The Basic Law is the constitution of the Federal Republic of Germany. It was adopted by the Parliamentary Council on 8 May 1949. The Basic Law lays down the fundamental characteristics of the state and articu- lates its values. It ranks above all other German legal norms. The consent of two-thirds of the Members of the Bundestag and the Bundesrat is required in order to amend the Basic Law. However, there are unamendable principles enshrined in the Basic Law. According to Article 79(3), for instance, it is inadmissible to amend the division of the Federation into Länder, the participation of the Länder in the legislative process or the principles laid down in Articles 1 and 20. Article 1 guarantees human dignity and under- lines the binding legal force of the basic rights. Article 20 proclaims central constitutional principles, for example that the Federal Republic of Germany is a democratic and social federal state.

11 Parliamentary Commissioner by a large majority. He was followed in office by On 19 March 1956, Article 45b was in- Hellmuth Guido Heye, Matthias Hoogen, corporated into the Basic Law as one of Fritz Rudolf Schultz, Karl Wilhelm the new constitutional provisions relat- Berkhan, Willi Weiskirch and Alfred ing to the armed forces. It delineates the Biehle. An amendment to the Act on mandate and status of the Parliamentary the Parliamentary Commissioner for the Commissioner for the Armed Forces as Armed Forces in 1990 made it possible follows: ‘A Parliamentary Commissioner for candidates who had not served in for the Armed Forces shall be appointed the armed forces to be elected to this to safeguard basic rights and to assist the position. In 1995, Claire Marienfeld- Bundestag in exercising parliamentary Czesla became the first woman to be oversight of the Armed Forces. Details elected Parliamentary Commissioner. shall be regulated by a federal law.’ To Since 2000, she has been succeeded implement this new constitutional arti- by Willfried Penner, Reinhold Robbe, cle, the Bundestag passed the Act on Hellmut Königshaus and Hans-Peter the Parliamentary Commissioner for the Bartels. Armed Forces, which entered into force With the Parliamentary Commissioner on 27 June 1957. On 19 February 1959, for the Armed Forces, an institution the Members of the German Bundestag was created that was unprecedented elected Helmuth von Grolman as the first in German constitutional history.

12 Early years of the parliamentary army: just a year after the Bundes wehr was founded in 1955, young servicemen read Die Ersten Schritte (First Steps), a magazine published by the Federal Ministry of Defence.

13 The Parliamentary Commissioner for the Armed Forces belongs to the legislature, assisting the Bundestag and supporting it in its oversight of the armed forces.

The Parliamentary Commissioner’s constitutional position

14 Furthermore, the following provisions By stating that the Commissioner ‘shall govern the relationship between Parlia- assist the Bundestag’ and by giving them ment and the Parliamentary Commis- the title ‘Parliamentary Commissioner sioner for the Armed Forces: for the Armed Forces’, the Basic Law z The Parliamentary Commissioner has and the Act on the Parliamentary Com- duties to report to the Bundestag. missioner for the Armed Forces enacted z The Bundestag and the Defence Com- pursuant to it make it abundantly clear mittee may at any time request that the that they are in all respects part of the Parliamentary Commissioner attend German Bundestag, and therefore unam- their deliberations. biguously belong to the > legislature. z The Bundestag and the Defence Com- By contrast, the Federal Ministry of De- mittee have limited rights to issue in- fence, which is overseen by the Parlia- structions to the Parliamentary Commis- mentary Commissioner with its subor sioner. dinate units, agencies and authorities z The Parliamentary Commissioner can- in the armed forces and the Federal not take action if the Defence Committee Defence Administration, is part of the has made the matter in question the sub- executive. ject of its own deliberations.

Legislature The legislature is the branch of the state with the power to make laws. In a representative democracy characterised by the division of powers, this is the task of parliament. The most important functions of the Bundes tag, Germany’s legislature, are the adoption of legislation and the oversight of the Federal Government, the executive. The division of powers is regulated by the Basic Law and is one of its unamendable principles.

15 The Parliamentary Commissioner has a special status under German public law, which is governed by the Act on the Parliamentary Commissioner for the Armed Forces.

The Parliamentary Commissioner’s official status

16 The Parliamentary Commissioner is neither a Member of the Bundestag nor a civil servant, but has a special status, holding office under public law in accordance with the provisions of the Act nounced personal visits to military on the Parliamentary Commissioner for units, should the Parliamentary Commis- the Armed Forces. sioner be prevented from discharging During their term of office, the Parlia- their duties and from the time they leave mentary Commissioner may not hold office until their successor’s term of of- any other paid office, engage in any fice commences. trade, practise any profession or hold The German Bundestag elects the Parlia- any political mandate. mentary Commissioner by secret ballot In accordance with the Act on the Parlia- without prior debate. Candidates may mentary Commissioner for the Armed be nominated by the Defence Committee Forces, the Parliamentary Commission- and the > parliamentary groups in the er’s deputy is the Chief Administrator, Bundestag. The candidate who receives who exercises their rights, with the one the majority of the votes cast by the exception of the right to make unan- Members of the Bundestag is elected.

Parliamentary group The parliamentary groups are organisations of Mem- bers of the German Bundestag that play a crucial role in all parliamentary work and prepare the decisions taken by the Bundestag. A parliamentary group can be formed by at least five per cent of the Members of the Bundes tag who belong to the same party or different parties that do not compete with each other in any of the Länder on account of their similar political aims. During the Bundestag’s 19th electoral term, parliamentary groups have been formed by the Christian Democratic Union / Christian Social Union (CDU/CSU), the Social Democratic Party of Germany (SPD), Alternative for Germany (AfD), the Free Democratic Party of Germany (FDP), The Left Party and Alliance 90 / The Greens.

17 Any German citizen over the age of 35 may stand for election. There is therefore missioner’s term of office lasts five years no formal requirement that candidates and thus one year longer than Parlia- should have gathered experience of ment’s electoral term. This helps to guar- everyday military life as servicemen antee their independence should there or women. be changes in the relative strengths of The Parliamentary Commissioner is the parties following new elections. It appointed by the President of the Bun is admissible for them to be re-elected, destag and sworn in before Parliament. even more than once. They commence their term of office The Commissioner’s term of office ends upon being handed their letter of ap- upon completion of their tenure, upon pointment or upon being sworn in, if their death, upon their dismissal by this is done at an earlier date. The Com- Parliament or upon their resignation.

18 ‘… and do justice to all’: the new Parliamentary Commissioner, Hans-Peter Bartels (left), is sworn in before Parliament by the President of the German Bundestag, Norbert Lammert (CDU/CSU, right).

19 The Basic Law grants special rights of parliamentary oversight to the Bundestag, which is supported by the Parliamentary Commissioner for the Armed Forces, whose mandate is to safeguard service women and men’s basic rights.

Statutory mandate

20 Alongside the scope of action defined in Section 1(3), within which the Parlia- According to the German Basic Law, the mentary Commissioner may exercise Parliamentary Commissioner’s mandate oversight on their own initiative, the is to ‘safeguard basic rights and to assist scope of action upon instructions laid the Bundestag in exercising parliamenta- down in Section 1(2) covers the entire ry oversight’ over the Bundeswehr. Their spectrum of parliamentary oversight in functions are defined in detail in the Act the defence field. This makes it clear that on the Parliamentary Commissioner for the Parliamentary Commissioner’s man- the Armed Forces. date to exercise oversight goes beyond The Parliamentary Commissioner’s man- the ‘basic rights of service personnel’ date is delineated in Section 1(2) and (3) and the ‘principles of Innere Führung’. of the Act, according to which they take In practice, the Bundestag has never action for two reasons: issued instructions to the Parliamentary z upon instructions from the Bundestag Commissioner since 1959, and the De- or the Defence Committee to investigate fence Committee has done so in only specific matters (Section 1(2) – scope of 26 cases. The Parliamentary Commis- action taken under instructions) or sioner may request that the Defence z on their own initiative and at their due Committee instruct them to investigate discretion when circumstances come to specific matters. their attention that suggest a violation of However, the main focus of the Parlia- the basic rights of members of the armed mentary Commissioner’s work is clearly forces or of the principles of Innere the action they take on their own initia- Führung (Section 1(3) – scope of action tive. The circumstances that prompt the taken on own initiative). Parliamentary Commissioner to investi-

21 gate a matter may come to their attention for instance during field visits, thanks to information supplied by Members of the German Bundestag or other persons, submissions from servicewomen and men or in other ways, for example thanks to press, television or radio reports, or the Servicewomen and men’s basic rights evaluation of reports about ‘special incidents’ that units address to the Federal The ‘basic rights of servicewomen and Ministry of Defence. men’ are identical with the general basic The Commissioner’s scope of action on rights guaranteed in the German consti- their own initiative extends to the Feder- tution. Servicewomen and men find al Ministry of Defence and all its subor- themselves in a hierarchy governed by dinate formations, units and agencies. the principle of obedience to orders. The Parliamentary Commissioner does There is, therefore, a high degree of ten- not take action if the Defence Committee sion between the freedoms and rights of has made a matter the subject of its own the individual on the one hand, and the deliberations. special demands imposed by military However, the Parliamentary Commis- service on the other. In principle, the sioner’s functions are not limited to exer- Basic Law guarantees everyone who cising oversight over the armed forces serves in the country’s armed forces the on behalf of the Bundestag. The Act on same freedoms and rights as are enjoyed the Parliamentary Commissioner for the by other people in Germany. Service- Armed Forces also assigns them the task women and men are ‘citizens in uni- of dealing with petitions submitted by form’. Their basic rights may, however, service personnel. Every servicewoman be restricted in line with constitutional and man has the right to contact the Par- provisions, provided this is absolutely liamentary Commissioner personally essential to meet the demands of their without going through official channels. military duties.

Visiting the troops: Hans-Peter Bartels gathers information on the ground from personnel deployed at Incirlik Air Base in Turkey with Operation Counter DAESH.

22 The principles of Innere Führung

When the Bundeswehr was founded, the ‘principles of Innere Führung’ were discussed as a concept for reform that would anchor the new armed forces in This requires a basis in law. For in- the young democratic state. The Bundes stance, provision has been made for all wehr was itself to be constituted in ac- persons serving in the armed forces to cordance with democratic principles. benefit from the following protections: At the same time, service personnel were z the unrestricted principle of respect for to be ‘citizens in uniform’, committed to and the safeguarding of their dignity as the democratic rule-of-law state, but also human beings: no matter how tough the equipped with democratic rights such as training they do, for example, no one the right to stand in elections, freedom may be subjected to humiliating or de- of association and the right to staff rep- grading treatment; resentation. These principles firstly em- z the basic right to freely express their body a fundamental concept for the in- opinions – restrictions may be imposed ternal organisation of the Bundeswehr, on service personnel’s freedom of ex- and secondly the armed forces’ integra- pression in the interests of the Bundes tion into state and society. wehr’s capacity to perform its functions, Internally within the armed forces, the but it also remains possible for them to aim is to ensure that a modern form of be active in political parties, for exam- leadership is practised. Innere Führung ple, when they are off duty; serves to compensate for the tensions z the basic right to protection against that arise between individual rights and violations of their rights by public au- freedoms on the one hand, and the de- thorities – servicewomen and men too mands of military duties on the other, are able to have recourse to the courts helping service personnel cope with to obtain legal remedies. such contradictions.

23 Both the substance and the forms of superior officers’ leadership behaviour must be imbued with respect for human dignity as the foundation of Germany’s constitutional order. Account is to be taken of the latest societal, political and social developments and trends in the Externally, the Bundeswehr and service Federal Republic of Germany, as well as personnel are to integrate into state and the implications of changes in military societal structures just like all non-mili- technology. Innere Führung is to be re- tary institutions and civilians. They are flected ‘in leadership and in training, to perceive themselves, and be perceived in the exercise of disciplinary power, by others outside the armed forces, as in the provision of civic education and integral components of society in its en- information for the troops, in care and tirety. The aim of this aspect is to dispel concern for the individual, in a sense any worries that the Bundeswehr could of community outside duty hours’, as take on a life of its own and become a Count Wolf Baudissin, one of the spiri ‘state within the state’ – a danger inher- tual fathers of the concept for the reform ent in any armed force. of Germany’s armed forces, noted in The discussion within the Bundeswehr 1953. about the concept of Innere Führung In accordance with the principle of reached a provisional conclusion Innere Führung, the parameters of every- in February 1993 with the issue of day life in the military, defined as they Joint Service Regulation 10/1, ‘Innere are by organisational forms, the princi- Führung’, which has in the mean time ples of personnel management and the been updated as Type A General forces’ infrastructure, are to ensure that Publication 2600/1, ‘Innere Führung – everyone is respected as an autonomous, Self-Perception and Leadership Culture’. responsible human being. It gives a full account of the concept.

24 The actual meaning and aspirations of Innere Führung in everyday military life are primarily laid down in a series The objectives of Innere Führung are, of laws, orders and service regulations. z to communicate the political and legal The crucial foundation is the Legal reasons for military service, and to con- Status of Military Personnel Act, which vey insights into and understanding of describes servicewomen and men’s the purpose and meaning of the military rights and duties, in particular in their mission; roles as superiors and subordinates. z to promote the integration of the Bun- However, the practical application of deswehr and its servicewomen and men current regulations is not all there is to into state and society, and to inspire Innere Führung. This applies in special public understanding of the Bundes measure to the manner in which superi- wehr’s functions; ors treat their subordinates in everyday z to strengthen servicewomen and men’s military life. They are expected to lead willingness to perform their duties con- not only in accordance with the letter of scientiously, and to maintain discipline the law, but also with empathy and sen- and cohesion within the armed forces; sitivity. As citizens in uniform, people z to ensure that the internal order of the who serve in the forces are to retain their armed forces is organised on the basis of freedom as individuals. They are to act respect for human dignity and oriented responsibly while maintaining their towards Germany’s legal system, and operational readiness. They are not that the performance of their mission is called upon to show blind obedience, managed as efficiently as possible. but obedience born of understanding.

Citizens in uniform: members of the Bundeswehr giving their oath of allegiance.

25 The Basic Law grants the German Bun- destag special rights in relation to parliamentary oversight of the armed forces. For instance, it has the right to adopt and control the execution of the budget (Article 87 a(1) of the Basic Law), which specifies the strength of the Bundeswehr Parliamentary oversight of the and how it should be organised. This armed forces means decisions taken by the majority of the Members of the Bundestag determine The principle of parliamentary oversight the level of spending on defence, as well involves the constant scrutiny of execu- as the Bundeswehr’s equipment and tive public authorities, that is to say the strategy. Operations outside Germany government and its subordinate agen- also require approval by a majority in cies, by Parliament. The Federal Minis- parliament under the Act governing Par- try of Defence and the Bundeswehr are liamentary Participation in Decisions therefore subject to such scrutiny as on the Deployment of Armed Forces well. Parliamentary oversight is not lim- Abroad. ited to what in Germany is known as With its Defence Committee (Article 45 a ‘repressive supervision’, under which of the Basic Law), Parliament has a fur- decisions may be revised or overturned; ther instrument of parliamentary over- it can be exercised preventively by exert- sight at its disposal that is equipped ing influence in advance, through moni- with special rights. The Defence Com- toring, collaboration and guidance, and mittee is conceived as a permanent com- it can also be exercised retrospectively. mittee and, unlike the overwhelming

Parliamentary oversight: the Special Representative and Head of the UN Support Mission in Libya, Martin Kobler (right), speaks to the Defence Committee of the German Bundestag chaired by Wolfgang Hellmich (SPD, left).

26 majority of the other committees, it is compulsory for it to be established during every electoral term. In addition to proactively make suggestions and pro- this, it is the only committee entitled posals, not only in order to eliminate to constitute itself as a committee of in- shortcomings identified in the Bundes quiry on the motion of one quarter of its wehr, but also to avert unwelcome devel- members. As such, equipped as it is with opments. The Parliamentary Commis- certain rights under criminal procedural sioner makes use of these rights above law, it is able to investigate, analyse and all in their annual reports. conclusively assess incidents or other Finally, the setting of the Parliamentary matters in the Bundeswehr. Commissioner’s term of office at five Parliament’s options for oversight are years – and therefore one year longer rounded off by the Parliamentary Com- than the Bundestag’s electoral term – missioner for the Armed Forces placed is also an expression of their significant at its side by the constitution, to whom role within the context of parliamentary various instruments of parliamentary oversight. It not only means the Parlia- oversight have been given. For instance, mentary Commissioner is independent the Parliamentary Commissioner too is of possible changes in the relative able to subject incidents and other mat- strengths of the parties when Parliament ters in the Bundeswehr to investigation. is newly constituted or during the rest of To this extent, they may certainly be said the electoral term; the continuity of their to act like a ‘permanent committee of exercise of their office from one electoral inquiry’. Not only that, thanks to their term to the next also guarantees the con- rights of preventive and retrospective tinuity of the parliamentary oversight oversight, they have opportunities to of the armed forces.

27 The Parliamentary Commissioner for the Armed Forces has statutory powers that enable them to perform their constitutional mandate, including rights to demand information, and powers to make proposals and recommendations.

Official powers

28 Rights to information

The Parliamentary Commissioner has the right to demand information and access to records from the Federal Ministry The Parliamentary Commissioner may of Defence and all its subordinate agen- visit all units, headquarters, facilities or cies. When reviewing submissions, for administrative agencies of the Bundes instance, they are able to request that the wehr at any time and without prior Bundeswehr or other agencies investi- announcement – and may also do so gate a certain matter, comment on the outside Germany. This right is vested outcome of investigations and submit exclusively in the person of the Commis- relevant documents to the Parliamentary sioner. Commissioner. Furthermore, the right Field visits give the Commissioner op- to demand information is the basis on portunities to meet service personnel of which they and the staff in their Office all ranks and gain personal impressions hold meetings with personnel within the of their circumstances, so building up an jurisdiction of the Federal Ministry of accurate picture of conditions within the Defence in order to learn more about Bundeswehr. Thanks to such visits, the issues and establish working contacts. Commissioner finds out above all about When acting on instructions from parlia- any difficulties servicewomen and men ment and dealing with submissions in encounter in performing their everyday which the petitioner expresses a specific military duties, problems that relate to grievance, the Parliamentary Commis- their training and equipment, and their sioner is able to hear the servicewomen worries and concerns, which are often and men concerned, witnesses and ex- not expressed fully, if at all, in submis- perts in person. sions. This allows the Parliamentary

At the grass roots: Hans-Peter Bartels (2nd from left) being given an overview of the situation in a refugee camp at Mitterharthausen. The commander of the engineers deployed from Bogen, Lieutenant Colonel Michael Frick (right), ex- plains how 400 people are being accommodated at the site.

29 The Parliamentary Commissioner’s power to make proposals and recom- Commissioner to take preventive action mendations enables them to be actively by immediately passing on any impor- involved in the further development of tant findings to the Federal Ministry of Innere Führung in the forces. Their pro- Defence. posals and recommendations are not The Parliamentary Commissioner is binding instructions or orders. The fact also able to obtain information by other that the Parliamentary Commissioner’s means, making use of their rights to re- powers are limited to gathering informa- quest reports on the exercise of discipli- tion and making recommendations nary power in the Bundeswehr and to might suggest they are able to bring little attend criminal or disciplinary proceed- real influence to bear. However, this is ings in court as an observer. not true in practice: the existence of an independent parliamentary commissioner, to whom every member of the armed Powers to make proposals forces – from private to general – may and recommendations have recourse, has a positive impact on the leadership behaviour of many The Parliamentary Commissioner may superiors. Above all, the Parliamentary give the units and agencies competent to Commissioner’s ability to call in higher deal with a certain matter an opportuni- authorities, up to and including the Fed- ty to settle it themselves. For instance, eral Ministry of Defence, and to bring following the completion of an investiga- any deficiencies that are detected to the tion that has revealed deficiencies or in- attention of the Bundestag in their annu- correct behaviour, they may request that al and special reports, is of vital impor- certain measures be taken by the compe- tance in this respect. tent bodies to prevent the same errors The influence the Parliamentary Com- being repeated in future. In addition to missioner is able to wield is not, there- this, they may refer a matter to the au- fore, based purely on their statutory thority responsible for instituting crimi- powers but to a great extent on their nal or disciplinary proceedings. personal authority.

30 Meeting with personnel spokespersons: the Parliamentary Commis- sioner, Hans-Peter Bartels (right), on a field visit to the German battle group for the 2015 NATO Response Force at a training area in Munster.

31 Every servicewoman and man is able to contact the Parliamentary Commissioner for the Armed Forces directly with submissions that may relate to all issues of daily military life.

Servicewomen and men’s right to petition the Parliamentary Commissioner

32 Anyone who serves in the armed forces has the right to contact the Parliamenta- ry Commissioner individually without going through official channels. In exer- representation of service personnel and cising their right of petition, service- duty-hour regulations), personnel man- women and men can bring any matter agement (e.g. questions about career that, in their subjective assessment, re- paths, transfers, temporary duties or ap- flects incorrect or unfair treatment to the praisals), and matters relating to health attention of the Parliamentary Commis- care, accommodation, clothing, welfare sioner without having to observe specific provision, pay regulations, entitlements time limits. on leaving the armed forces, work-life In contrast to complaints submitted un- balance, women in the armed forces der the Military Complaints Regulations, and reservists. submissions do not have to be based on Service personnel do not necessarily what is termed a ‘grievance’. For this have to contact the Parliamentary Com- reason, they can refer to the entire spec- missioner themselves. Submissions trum of duty-related, personal and social about a servicewoman or man’s concerns problems service personnel may encoun- may also be sent in by comrades, elected ter in their everyday military routines. spokespersons or family members – These include, for example, issues many relatives describe the family diffi- relating to the broad field of leadership culties caused by service in the forces. (e.g. leadership style and behaviour, However, the consent of the service military training, and the application woman or man in question is always of disciplinary regulations, complaint obtained before the matter described regulations, regulations regarding the in the submission is investigated.

33 All service personnel are informed about the functions and powers of the Parlia- mentary Commissioner when they begin their basic training, and again when they are transferred to their parent units to express what are regarded as admissi- (Type A General Publication 2600/2, ble views and opinions. The aim is to al- ‘Matters concerning the Parliamentary low petitioners to unburden themselves Commissioner for the Armed Forces’, without having to fear discrimination. section 4). No one may be subjected to They are protected against punitive any disciplinary or discriminatory action measures even if their submissions are because they have appealed to the Par- based on exaggerations, overhasty con- liamentary Commissioner. They are pro- clusions or emotional arguments. tected by their right of petition. Civilian Bundeswehr employees cannot Of course, this right to petition the Par- send submissions to the Parliamentary liamentary Commissioner does not cover Commissioner. Instead, such submis- assertions that are deliberately false, in- sions are forwarded to the Petitions sulting or slanderous in nature. Anyone Committee of the German Bundestag. who submits a petition of this kind bears However, matters made known to the full responsibility under disciplinary Commissioner in this fashion may regulations and criminal law. Neverthe- prompt them to take action. The same less, in exercising their right of petition, applies to information received from service personnel are given broad scope persons outside the Bundeswehr.

Civilian Bundeswehr employees are able to bring their concerns to the attention of the Bundestag’s Petitions Committee.

34 As a rule, the review procedure for submissions is as follows: the Parliamentary Commissioner checks whether the matter brought to their attention in the sub- a higher level may also be involved. Not mission suggests a violation of the basic infrequently, the Federal Ministry is also rights of service personnel or the princi- called upon directly to intervene should ples of Innere Führung. Should this be issues affect all the individual service the case, the Parliamentary Commission- branches or there be a need for amend- er requests comments from the agencies ments to fundamental legal provisions. and units within the jurisdiction of the Once the Parliamentary Commissioner Defence Minister that appear best placed receives the comments and investigative to conduct unbiased, expert, swift inves- records they have requested, they exam- tigations into the matter, and are able to ine whether the investigations have been take remedial action if appropriate. conducted properly, evidence has been Where submissions touch on relations given due weight and statements have between superiors and subordinates in been correctly assessed, and whether the forces, this tends for the most part to any misconduct has been appropriately be a unit at the battalion (or a compara- sanctioned. Should this be the case, a ble) level. When it comes to legally com- reply is issued with the outcome of the plex or very serious matters, however, review.

35 If, parallel to a petition, proceedings under military complaints regulations, disciplinary regulations, criminal law or civil administrative law are pending in the same matter, it is standard practice In the vast majority of cases, the investi- for the Parliamentary Commissioner to gations and comments of the agencies respect the separation of powers and and units concerned satisfy the require- generally not interfere by making their ments that are to be placed on them from own assessment of the case. the Parliamentary Commissioner’s point Obviously, the Parliamentary Commis- of view. Nevertheless, there are many sioner’s performance of their two func- cases in which another, superior agency tions – exercising oversight over the or unit is called in to examine the matter Bundeswehr and reviewing submissions yet again. from service personnel – is not always It is not rare for even the Federal Minis- free of conflict. As an organ of parlia- ter of Defence to be asked by the Parlia- mentary oversight, it is incumbent upon mentary Commissioner to comment on the Commissioner to ensure the constitu- the matter at hand. In a not inconsidera- tion and legislation are adhered to. In ble number of cases that relate to issues this context, the observance of regula- of fundamental or special political sig- tions that are designed to ensure the op- nificance, the Minister is understandably erational readiness of the Bundeswehr the Parliamentary Commissioner’s main occasionally clashes with servicewomen point of contact. and men’s personal interests.

36 A point of contact for the forces: all servicewomen and men can write to the Parliamentary Commissioner about their concerns.

37 The Parliamentary Commissioner’s annual reports direct the attention of Parliament and the wider public to matters that concern servicewomen and men individually, and the armed forces as a whole. These reports make the Parliamentary Commission- er an early warning system for the Bundestag.

The Parliamentary Commissioner’s annual report

38 In addition to monitoring the executive’s adherence to the constitution and legislation, the purpose of parliamentary oversight is to enable Parliament to draw directly on its own findings, so highlight difficulties and unwelcome developments and, on this foundation, put The Parliamentary Commissioner is re- forward proposals and suggestions for quired to submit an annual report to the political action. In view of this under- Bundestag for each calendar year. There standing of their role, the Parliamentary are no detailed guidelines regarding its Commissioner therefore uses their content. annual reports to address violations of The Commissioner must therefore base basic rights and the principles of Innere their report on the dual function assigned Führung, as well as which they look in to them by the constitution, i.e. that of depth at the general parameters under exercising oversight and reviewing sub- which the Bundeswehr operates and ser- missions. Consequently, it inevitably vice personnel’s duties are carried out. discusses negative phenomena in the In particular, the annual report provides Bundeswehr to a great extent. For this important indications as to the impacts reason, past holders of the office always of existing laws and regulations where regarded the annual report primarily as they touch upon the principles of Innere a document that dealt with deficiencies Führung. The Parliamentary Commis- and not the overall state of the armed sioner thus acts as a kind of early warn- forces. ing system for Parliament.

Presentation of the Annual Report 2015 in the presence of several members of the Defence Committee (from left): Christine Buchholz (The Left Party), Anita Schäfer (CDU/CSU), the Parliamentary Commissioner, Hans-Peter Bartels, the President of the German Bun- destag, Norbert Lammert (CDU/ CSU), Karl A. Lamers (CDU/CSU), Wolfgang Hellmich (SPD, Commit- tee chairperson), Heidtrud Henn (SPD) and Agnieszka Brugger (Alliance 90 / The Greens).

39 The Parliamentary Commissioner’s annual report has always met with a great deal of media interest. The coverage it gets does much to inform the general The Parliamentary Commissioner’s an- public about the preoccupations and nual reports are used by the Bundestag problems of the Bundeswehr, and pro- and its Defence Committee as a basis for mote public acceptance of any remedial discussion of and decisions about the in- action that may be needed. At the same ternal development of the Bundeswehr. time, this coverage helps to focus Parlia- In consequence, their reports help to ment’s attention on the report. draw Parliament’s attention to the par- Given that the annual report examines ticular concerns and worries not only of negative incidents and trends in the individual servicewomen and men, but Bundeswehr, there is a danger of its also of the armed forces as a whole. By treatment by the media being one-sided- virtue of their reports, which initially ly negative and, occasionally, sensation- cast them in the role of a critical watch- alist. However, this cannot be a reason dog, the Parliamentary Commissioner for the Parliamentary Commissioner not has therefore become a kind of interme- to fulfil their statutory mandate by pro- diary between service personnel and viding a true and thorough account of the Bundestag. their conclusions.

Deployment to the Mediterranean: the Parliamentary Commissioner, Hans-Peter Bartels, visits the crew of the Tender Werra during the EU’s Operation EUNAVFOR MED.

40 The annual report is presented to Parlia- ment. The report on the previous calendar year is usually submitted to the Pres- ident of the German Bundestag at the end of January and published as a Bun- ommendation for a decision, both of destag printed paper. Immediately after which are referred to the plenary for the publication, it is distributed among ser- report’s second public reading and the vice personnel. Following its first read- adoption of a final decision. During the ing in the plenary, the report is referred two plenary debates, the Parliamentary to the Defence Committee, which calls Commissioner is given leave to speak on the Federal Ministry of Defence to if this is requested by one of the parlia- comment upon it. mentary groups or at least five per cent Once the Ministry’s comments have been of the Members of the Bundestag. This received, the report is deliberated on in is regularly the case. the Defence Committee. In the course of In its comments on the annual report, these deliberations, the Federal Ministry the Federal Ministry of Defence also of Defence and the Parliamentary Com- makes remarks on the measures required missioner have opportunities to eluci- to remedy the deficiencies identified by date and expand upon their views. The the Parliamentary Commissioner. Parlia- Defence Committee concludes its delib- ment has itself informed about the pro- erations by drafting a report and a rec- gress made in this respect a year later.

41 Servicewomen and men have various options open to them to protect their own rights. Particular rules apply for reports, remonstrances, complaints and petitions.

Submissions to the Parliamentary Commissioner and other forms of legal protection

42 Since service personnel may request parliamentary reviews of their submissions both by the Parliamentary Commissioner Sending a submission to the Parliamen- and by the Petitions Committee, these tary Commissioner does not preclude two organs of the Bundestag have to service personnel from resorting to other work together. They do so in accordance forms of legal protection or redress in re- with special rules of procedure which, lation to the same matter such as reports, in order to avoid duplication and ensure remonstrances (written objections not the consistency of decisions, provide for subject to formal requirements), com- them to notify each other reciprocally of plaints under the Military Complaints any developments. If the Petitions Com- Regulations or petitions addressed to the mittee and the Parliamentary Commis- Petitions Committee of the German Bun- sioner decide to review the same matter, destag. When a submission is sent to the the latter takes the lead in processing it. Parliamentary Commissioner, however, Here, reference must also be made to the any time limits set, for example on com- Military Personnel Representation Act. plaints filed in accordance with the Mili- The key expression of service person- tary Complaints Regulations, continue to nel’s right to be represented is the elec- apply. Especially when it comes to disci- tion of spokespersons by each of the in- plinary and administrative matters, ser- dividual rank groups. These spokesper- vice personnel must therefore observe sons are supposed to foster cooperation the statutory time limits if they do not in a spirit of trust between superiors and wish to lose their formal options to ob- their subordinates, and strengthen com- tain legal protection. radeship in the forces.

Reciprocal notification: the Parlia- mentary Commissioner and the Petitions Committee inform each other about the submissions they have received.

43 55 employees of the Bundestag Administration support the Parliamentary Commissioner in their work overseeing the Bundeswehr.

The staff of the Parliamentary Commissioner for the Armed Forces

44 When the Office of the Parliamentary Commissioner for the Armed Forces was created, it was assumed the Parliamenta- ry Commissioner would require only a small personal staff in order to put them The Office’s staff are members of the in a position to perform their statutory Bundestag Administration, within which functions. However, owing to the rapid they form a separate directorate. As far increase in the number of submissions to as their work in the specialised field of be reviewed, their Office soon had to be parliamentary oversight is concerned, reinforced with more personnel. This they come under the sole supervision of was the only way to ensure the various the Parliamentary Commissioner; as far Parliamentary Commissioners were able as general service regulations are con- to perform their function exercising par- cerned, they are supervised by the Secre- liamentary oversight over an organisa- tary-General of the German Bundestag as tion as large as the Bundeswehr. the Administration’s highest official. At present, the Office of the Parliamen The Office of the Parliamentary Commis- tary Commissioner for the Armed Forces sioner for the Armed Forces is headed has a staff of 55, just over half of whom by a Chief Administrator and, in accord- are higher-intermediate and higher-service ance with the principles of ministerial personnel directly involved in reviewing organisation, is subdivided into divi- matters that have been brought to the sions, the number and competences of Parliamentary Commissioner’s which reflect the Office’s tasks and prior- attention. ities. Currently, it has six divisions.

45 Parliamentary Commissioner Personal Assistant for the Armed Forces Hans-Peter Bartels

Chief Administrator

Division WB 1 Division WB 2 Division WB 3 Division WB 4 Division WB 5 Division WB 6

Policy, Leadership in Balancing Personnel Welfare and Visits to the Principles the Bundes Family Life Matters Care Troops and of Internal wehr, Service and Service, concerning Fact-Finding Leadership, Personnel Voluntary Career Visits, Press Internal Ad- Abroad Service, Soldiers and and Public ministration Women in the Temporary- Relations, Armed Forces Career Specialist and Matters Volunteers Military concerning Affairs Reservists

Organisational structure of the Office of the Parliamentary Commissioner for the Armed Forces

46 47 Since the position was created, the Bundestag has elected twelve Parliamentary Commissioners. An amendment to the Act on the Parliamentary Commissioner for the Armed Forces in 1990 also made it possible for candidates to be elected to this post who have not done military service. The Commissioner’s Office has lost none of its relevance over the years: it merely has to deal with different problems and questions.

The Parliamentary Commissioners since 1959

48 1959 –1961 1961–1964 Helmuth von Grolman Hellmuth Guido Heye

Helmuth von Grolman (6 November Hellmuth Guido Heye (9 August 1895 – 1898 –18 January 1977) served as a soldier 10 November 1970) joined the Imperial in the First World War before completing Navy in 1914 and became a vice-admiral an apprenticeship as a bank clerk and in 1944. After the Second World War, studying economics. He joined the he went into politics and was a Member Reichswehr in 1924, and was promoted of the Bundestag for the CDU from 1953 to the rank of lieutenant general in 1944. to 1961. After the Second World War, von Grolman Heye was elected as Parliamentary Com- became State Secretary in the Lower missioner for the Armed Forces unani- Saxon Ministry for Expellees in 1955. On mously by acclamation on 8 November 19 February 1959, the Bundestag elected 1961, and was sworn in and took office Grolman, now a member of the CDU, the same day. At the beginning of his term as the first Parliamentary Commissioner of office, the Bundeswehr came under for the Armed Forces by 363 votes to 16 suspicion of harbouring training officers with 32 abstentions. He took up his work who were responsible for the bullying of on 3 April 1959. His first annual report, recruits. A field visit to Nagold gave Heye in which he also criticised inadequate the strong impression that conditions equipment and unsatisfactory training there were inhumane. He warned against opportunities, led to the establishment an exaggerated esprit de corps among of a subcommittee of the Defence Com- the troops and believed the principles of mittee intended to deliberate on the Innere Führung were being called into rights held by the Parliamentary Com- question by some high-ranking officers. missioner. The subcommittee reached The Federal Ministry of Defence felt able agreement with von Grolman that the to disprove his claims ‘point by point’; Parliamentary Commissioner would not after a number of accusations were made comment on political decisions taken against Heye, some of which came from by Parliament and the Government. On parliamentary figures, he handed in his 14 June 1961, he handed in his resigna- resignation on 10 November 1964, and it tion, which was accepted the same day. was accepted the following day.

49 1970 –1975 Fritz Rudolf Schultz

1964 –1970 Fritz Rudolf Schultz (19 February 1917– Matthias Hoogen 2 March 2002) fought in the Second World War from 1939 to 1945, reaching The lawyer Matthias Hoogen (25 June the rank of major of the reserve. He was 1904 –13 July 1985) was called up for elected to the Land Parliament of Rhine- service in the Wehrmacht in 1940. After land-Palatinate for the FDP in 1953, and the War, he was a member of the Bizone became its second vice-president in 1955. Economic Council from 1947 to 1949; He was a Member of the Bundestag for he then sat in the Bundestag as a Member the FDP from 1957 to 1970. for the CDU from 1949 to 1964, chairing On 11 March 1970, the Bundestag elect- the Committee on Legal Affairs from ed Fritz Rudolf Schultz Parliamentary 1953 to 1964. Commissioner for the Armed Forces by On 11 December 1964, the Bundestag 268 votes to 127 with 50 abstentions. He elected him as the third Parliamentary was sworn in and took office that same Commissioner for the Armed Forces by day. His period in office came at a time 270 votes to 174 with 11 abstentions. He when German society was searching for was sworn in and took office that same new frames of reference. In his first an- day. Hoogen’s term of office saw several nual report, Schultz noted the worrying fatal shooting accidents that, in his view, spread of drug-use within the Bundes highlighted gaps in the safety regulations wehr. In addition to this, he had to deal and a tendency for them to be applied with a rising number of applications laxly. He regarded it as his role to assist from conscientious objectors who wished and support Parliament in scrutinising to be exempted from military service. policymaking and monitoring govern- Towards the end of his term of office, ment business, and worked on a substan- Schultz evinced disappointment at the tive definition ofInnere Führung for the parliamentary responses to his work. Bundeswehr. In his reports, he warned At the same time, he called for the Act on several occasions of an impending on the Parliamentary Commissioner for shortage of qualified trainers. the Armed Forces to be revised.

50 1985 –1990 Willi Weiskirch

1975 –1985 The journalist Willi Weiskirch (1 January Karl Wilhelm Berkhan 1923 –11 September 1996) served in the The mechanical engineer Karl Wilhelm forces from 1942 to 1945, then studied Berkhan (8 April 1915 –9 March 1994) journalism, history and philosophy. He did compulsory labour service in 1939, became editor-in-chief of Wacht, the cen- then served as a soldier during the Sec- tral organ of the Federation of German ond World War until 1945. He studied Catholic Youth, in 1952 and later took education after the War, and became charge of the magazine Mann in der Zeit. a technical school teacher in 1947. He was the CDU’s spokesman from 1970 He was a member of the Hamburg City to 1976, held a seat in the Bundestag for Parliament from 1953 to 1957, and sat the CDU from 1976 to 1985 and was the in the Bundestag for the SPD from 1957 chairman of the CDU/CSU parliamentary to 1975. Between 1969 and 1975, he group’s working group on defence. was Parliamentary State Secretary to On 14 March 1985, the Bundestag elect- the Federal Minister of Defence. ed Weiskirch Parliamentary Commis- On 19 March 1975, the Bundestag elect- sioner for the Armed Forces by 366 votes ed Berkhan as the fifth Parliamentary to 42 with 24 abstentions and one invalid Commissioner for the Armed Forces by vote. He took office on 20 March 1985, 418 votes to 21 with 21 abstentions. He and was sworn in on 28 March 1985. was sworn in and took office the same Weiskirch attacked some of the everyday day. On 17 January 1980, Berkhan was military customs that had come to be re-elected by 416 votes to 30 with six ab- regarded as ‘necessities’ even though stentions and two invalid votes. Among they endangered the health or lives of other things, Berkhan warned that the service personnel. In the course of the discussion of Innere Führung in the upheavals in the German Democratic Bundeswehr should not become an end Republic (GDR), he argued for an ‘open in itself, and that leadership and civic exchange of ideas between the Bundes education should not be neglected. wehr and the National People’s Army’.

51 1990 –1995 Alfred Biehle 1995 –2000 Claire Marienfeld-Czesla Alfred Biehle (15 November 1926 –29 Oc- tober 2014) fought as a soldier in the Sec- To date, the pharmaceutical technical ond World War during the years 1944 – assistant Claire Marienfeld-Czesla 1945. After the War, he was employed (b. 21 April 1940) is the only woman as an industrial administrator and began to have held the office of Parliamentary working as a journalist in 1950. He joined Commissioner for the Armed Forces. the Young Union (the CDU/CSU youth She joined the CSU in 1972 and the CDU organisation) 1948 and the CSU in 1950. in 1976, then held various political posi- He held various positions in local poli- tions up until 1990, serving as a member tics up until 1990, and was a Member of Detmold Town Council and the town’s of the German Bundestag for the CSU deputy mayor. She sat in the Bundestag from 1969 to 1990, sitting on its Defence for the CDU from 1990 to 1995, and was Committee, which he chaired from 1982 a member of the Parliamentary Assembly to 1990. of the CSCE/OSCE from 1992 to 1995. On 27 April 1990, the Bundestag elected On 30 March 1995, the Bundestag elect- Biehle Parliamentary Commissioner for ed Marienfeld-Czesla Parliamentary the Armed Forces by 275 votes to 200 Commissioner for the Armed Forces with 16 abstentions. He was sworn in by 459 votes to 139 with 46 abstentions and took office that same day. Biehle’s and two invalid votes. She took office term of office was dominated by the acces- on 28 April 1995 and was sworn in sion of the GDR to the Federal Republic on 11 May 1995. She placed particular of Germany and the incorporation of emphasis on pastoral care and interper- parts of the National People’s Army into sonal relationships in the armed forces. the Bundeswehr. The Bundeswehr was Marienfeld-Czesla also devoted consid- also required to implement massive cuts erable attention to the increasing num- to its force strength and get by with sig- bers of incidents inspired by far-right nificantly less funding, as well as assum- ideas and the proliferation of accidents ing a wide range of new functions out- in which personnel were injured while side Germany. handling weapons.

52 2005 –2010 2000 –2005 Reinhold Robbe Willfried Penner After training as a commercial clerk, After studying law and obtaining a doc- Reinhold Robbe (b. 9 October 1954) ini- torate, Willfried Penner (b. 25 May 1936) tially worked as a publishing administra- worked as a public prosecutor from tor at the Rheiderland newspaper, then 1965. He joined the SPD in 1966, going did civilian service in 1975 –1976. He on to hold various political positions. He was the works council chairman of Leer sat in the Bundestag as a Member for the Mental Disability Support Association SPD from 1972 to 2000, and was Parlia- from 1976 to 1986, and press spokesman mentary State Secretary to the Federal and manager for the Weser/Ems district Minister of Defence from 1980 to 1982. branch of the SPD between 1986 and He served as deputy chairperson of the 1994. He has held various political posi- SPD parliamentary group in the Bunde- tions since 1976 and was elected as a stag between 1985 and 1991, and was Member of the German Bundestag in the chairperson of the Committee on 1994. He was a member of the Defence Internal Affairs from 1995 to 2000. Committee from 1998 to 2005, becoming On 14 April 2000, the Bundestag elected its chairman in 2002. Penner as the ninth Parliamentary Com- On 14 April 2005, the Bundestag elected missioner for the Armed Forces by 424 Robbe as Parliamentary Commissioner votes to 77 with 42 abstentions and two for the Armed Forces by 307 votes to invalid votes. He was sworn in and took 276 with 15 abstentions and one invalid office on 11 May 2000. Penner’s term of vote. He was sworn in and took office office was overshadowed by protracted on 12 May 2005. The demanding process reforms and a restructuring of the Bun- of force transformation and dangerous deswehr. For the first time, women were foreign missions were central topics in able to join up as volunteers in all parts Robbe’s annual reports. It was a particu- of the forces. Subsequently, he concen- lar concern for Robbe to gain an unvar- trated on the problems service personnel nished view of the forces, which he did faced trying to balance family life with above all by making numerous unan- their military duties. nounced visits.

53 2010 –2015 Since 2015 Hellmut Königshaus Hans-Peter Bartels

Hellmut Königshaus (b. 28 July 1950) Hans-Peter Bartels (b. 7 May 1961) holds did military service as a temporary- a doctorate in political science, did mili- career volunteer from 1970 to 1972 and tary service in 1980 –1981 and started his then studied law until 1977. Between career as a journalist on the Kieler Rund- 1980 and 2004, he was a judge, a civil schau weekly newspaper. From 1988 to servant in the Berlin Senate Department 1998 he was employed at the State Chan- for Urban Development and Environ- cellery of the Land Schleswig-Holstein mental Protection, and the general agent before being elected directly to the Bun- of a family-owned company. Königshaus destag from the Kiel constituency five joined the FDP in 1985, since when he times for the SPD from 1998. He sat in has held various leading positions in the Parliament until his appointment as Par- party. He was a Member of the German liamentary Commissioner for the Armed Bundestag from 2004 to 2010, sitting on Forces on 20 May 2015, immediately the Defence Committee from 2009. prior to which he was serving as chair- On 25 March 2010, the Bundestag elected person of the Defence Committee. Königshaus Parliamentary Commissioner Hans-Peter Bartels had been voted the for the Armed Forces by 375 votes to 163 twelfth Parliamentary Commissioner for with 41 abstentions. Königshaus criti- the Armed Forces by a large parliamen- cised defects in the equipment service tary majority (532 votes for, 38 against personnel were supplied with for foreign and 28 abstentions) on 18 December missions. Furthermore, he identified defi- 2014. Demands for full resourcing with ciencies in training, and demanded steps equipment, greater reserves of personnel to improve the balance between family and the more rapid refurbishment of life and personnel’s military duties as the barracks have been among the core Bundeswehr was reoriented to meet new topics for his work. In addition to this, challenges. He called on the forces to care however, he has also focussed on how more effectively for service personnel the European armed forces are growing who suffered physical or mental harm together and the Bundeswehr’s role in on deployments abroad. this process.

54 55 56 Annex

57 Cases outside the jurisdictiondiction of of the Parl. Commissioner the Parliamentary Commissioner Submissions within the juris

Anonymous submissions (servicewomenAverage force andCase men)strength rate per thousand Collective submissions servicewomen and men submissions received Year under reviewTotal number of

Other cases

1959 3,368 336 4 3 3,025 – 248,800 13.5 1960 5,471 254 17 10 5,190 – 258,080 21.2 1961 3,829 250 11 13 3,555 – 316,090 12.1 1962 5,736 170 16 13 5,537 – 374,766 15.3 1963 5,938 502 – 34 4,736 666 401,337 14.8 1964 5,322 597 – 26 4,047 652 424,869 12.5 1965 4,408 400 – 18 3,424 566 437,236 10.1 1966 4,353 519 – 24 3,810 – 454,569 9.6 1967 4,503 487 – 19 3,997 – 456,764 9.9 1968 6,517 484 – 16 6,017 – 472,070 13.8 1969 7,033 606 – 22 6,405 – 455,114 15.5 1970 7,142 550 – 16 6,576 – 468,484 15.2 1971 7,891 501 – 9 7,381 – 466,889 16.9 1972 7,789 344 12 21 7,412 – 492,828 15.8 1973 6,673 264 6 8 6,395 – 472,943 14.1 1974 6,748 249 4 4 6,491 – 490,053 13.8 1975 6,439 341 – 9 6,089 – 486,206 13.2 1976 7,319 354 – 3 6,962 – 488,616 15.0 1977 6,753 347 – 3 6,403 – 491,424 13.7 1978 6,234 259 – 10 5,965 – 491,481 12.7 1979 6,884 276 – 13 6,595 – 492,344 14.0 1980 7,244 278 – 23 6,943 – 490,243 14.8 1981 7,265 307 – 15 6,943 – 493,089 14.7 1982 6,184 334 – 9 5,841 – 490,729 12.6 1983 6,493 397 – 49 6,047 – 495,875 13.1 1984 6,086 301 – 16 5,755 14 487,669 12.5 1985 8,002 487 – 28 7,467 20 495,361 16.2 1986 8,619 191 – 22 8,384 22 495,639 17.4 1987 8,531 80 – 22 8,419 10 495,649 17.2

Statistics

58 -

Total numberCases of outside the jurisdiction of Submissions within theAverage juris forceCase strength rate per thousand Year under reviewsubmissions the received Parliamentary Collective Commissioner Anonymoussubmissions diction submissions of Otherthe Parl. cases Commissioner(servicewomenservicewomen and men) and men

1988 8,563 62 – 38 8,441 22 494,592 17.3 Development in the 1989 10,190 67 – 9 10,088 26 486,825 20.9 number of submissions and 1990 9,590 89 – 26 9,449 26 458,752 20.9 other cases, 1959–2015 1991 9,864 183 – 24 9,644 13 476,288 20.7 1992 8,084 69 – 13 7,973 29 445,019 18.2 1993 7,391 49 – 18 7,309 15 399,216 18.5 1994 5,916 66 – 21 5,810 19 361,177 16.4 1995 5,979 94 – 23 5,493 369 344,690 17.3 1996 6,264 63 – 20 6,112 69 342,870 18.3 1997 6,647 80 – 14 6,509 44 332,013 20.0 1998 6,122 84 – 11 5,985 42 330,914 18.5 1999 5,885 66 – 20 5,769 30 331,148 17.8 2000 4,952 58 – 8 4,856 30 318,713 15.5 2001 4,891 115 – 12 4,741 23 306,087 16.0 2002 6,436 110 – 13 6,270 43 294,800 21.8 2003 6,082 124 – 6 5,958 85 283,723 21.4 2004 6,154 134 – 16 6,020 80 263,990 23.3 2005 5,601 49 – 12 5,436 0 251,722 22.3 2006 5,918 67 – 16 5,727 108 249,964 23.7 2007 5,276 81 – 25 5,052 118 248,995 21.2 2008 5,474 67 – 27 5,190 186 247,619 22.1 2009 5,779 80 – 46 5,454 247 249,900 23.1 2010 4,993 81 – 43 4,748 121 245,823 20.3 2011 4,926 60 – 62 4,612 192 206,091 23.9 2012 4,309 83 – 37 4,105 84 197,880 21.8 2013 5,095 128 – 56 4,842 69 184,012 27.7 2014 4,645 98 – 38 4,416 93 182,703 25.4 2015 4,344 123 – 40 4,108 73 179,633 24.2 360,144 12,895 70 1,172 341,928 4,206 – – Total

59 Average force strength (servicewomen and men) Submissions

600.000 12.000

500.000 10.000

400.000 8.000

300.000 6.000

200.000 4.000

100.000 2.000

0 0 1959 1966 1973 1980 1987 1994 2001 2008 2015

Comparison of submissions Average force strength with average force strength Submissions over time

60 Article 17 a [Restriction of basic rights in specific instances] I. (1) Laws regarding military Excerpt from the Basic Law and alternative service may for the Federal Republic of provide that the basic right Germany of 23 May 1949 of members of the Armed (Federal Law Gazette I, p. Forces and of alternative ser- 1), most recently amended vice freely to express and by the Act of 23 December disseminate their opinions 2014 (Federal Law Gazette I, in speech, writing and pic- p. 2438) tures (first clause of paragraph (1) of Article 5), the Article 17 basic right of assembly (Arti- [Right of petition] cle 8), and the right of peti- Every person shall have the tion (Article 17) insofar as it right individually or jointly permits the submission of re- with others to address writ- quests or complaints jointly ten requests or complaints with others, be restricted to competent authorities and during their period of mili- to the legislature. tary or alternative service.

Statutory foundations

61 II. Act on the Parliamentary Commissioner for the Armed Forces (Act pursuant to Article 45b of the Basic Law – WBeauftrG) in of the basic rights of service the version of the Announce personnel or of the princi- ment of 16 June 1982 (Fed- ples of leadership develop- eral Law Gazette I, p. 677), ment and civic education. (2) Laws regarding defence, most recently amended by The Commissioner shall not including protection of the Article 15(68) of the Act to take action under the first civilian population, may Restructure Civil Service sentence of this paragraph if provide for restriction of the Law of 5 February 2009 the Defence Committee has basic rights of freedom of (Federal Law Gazette I, made the matter the subject movement (Article 11) and p. 160) of its own deliberations. inviolability of the home (Article 13). Section 1 Constitutional Section 2 Reporting Duties Status; Tasks Article 45 a (1) The Commissioner shall [Committees on Foreign (1) In the exercise of parlia- submit to the Bundestag a Affairs and Defence] mentary oversight, the Com- written overall report for missioner shall perform his the calendar year (Annual (1) The Bundestag shall ap- or her duties as an auxiliary Report). point a Committee on For- organ of the Bundestag. eign Affairs and a Defence (2) He or she may, at any Committee. (2) The Commissioner shall time, submit individual re- investigate specific matters ports to the Bundestag or (2) The Defence Committee upon instructions from the the Defence Committee. shall also have the powers of Bundestag or the Defence a committee of inquiry. On (3) When the Commissioner Committee. Instructions can the motion of one quarter of acts upon instructions, he only be issued if the Defence its members it shall have the or she shall, upon request, Committee does not make duty to make a specific mat- submit an individual report the matter a subject of its ter the subject of inquiry. on the results of his or her own deliberations. The Com- investigation. (3) Paragraph (1) of Article missioner may request that 44 shall not apply to defence the Defence Committee issue Section 3 Official Powers matters. instructions to investigate specific matters. In performing the tasks Article 45 b assigned to him or her, the (3) The Commissioner shall, [Parliamentary Commissioner shall have on his or her own initiative Commissioner for the the following powers: and at his or her due discre- Armed Forces] tion, take action when, in the 1. He or she may demand A Parliamentary Commis- exercise of his or her right information and access to sioner for the Armed Forces pursuant to Section 3(4), records from the Federal shall be appointed to safe- through information re- Minister of Defence and all guard basic rights and to as- ceived from Members of the the Minister’s subordinate sist the Bundestag in exercis- Bundestag, through petitions agencies and personnel. ing parliamentary oversight pursuant to Section 7 or in These rights can only be over the Armed Forces. De- any other way, circumstanc- denied to him or her when tails shall be regulated by a es come to his or her atten- this is required for com- federal law. tion that suggest a violation pelling reasons of secrecy.

62 The decision to deny these rights shall be taken by the Federal Minister of Section 4 Administrative Defence personally or his 5. He or she may request Assistance or her permanent official both summary reports Courts and administrative deputy; the Federal Minis- from the Federal Minister authorities of the Federation, ter of Defence shall state of Defence on the exercise the Länder and the munici- the reasons for any such of disciplinary power in palities shall be obliged to decision before the De- the armed forces and sta- render the Commissioner ad- fence Committee. On the tistical reports from the ministrative assistance in the basis of instructions pur- competent federal and conduct of necessary investi- suant to Section 1 (2) and Land authorities on the gations. in the case of a petition administration of criminal based on a complaint by justice whenever the Section 5 General Guide the petitioner, the Com- armed forces or their lines; Exemption from missioner shall have the service personnel are Instructions right to hear the petitioner affected. as well as witnesses and (1) The Bundestag and the 6. In the case of criminal or experts. These persons Defence Committee may disciplinary proceedings, shall be reimbursed pursu- issue general guidelines he or she may attend court ant to the Judicial Remu- for the work of the Commis- proceedings even when neration and Compensa- sioner. the public is excluded. He tion Act. or she shall be given ac- (2) Notwithstanding Section 2. He or she may give the cess to records to the same 1(2), the Commissioner shall agencies concerned the op- extent as the public prose- not be subject to instructions. portunity to settle a matter. cutor or the representative of the initiating authority. Section 6 Obligation of 3. He or she may refer a mat- The right pursuant to the Presence ter to the authority compe- first sentence of this para- tent for the institution of The Bundestag and the De- graph shall also apply in criminal or disciplinary fence Committee may at any matters of request and proceedings. time demand the presence complaint proceedings un- of the Commissioner. 4. He or she may, at any der the Military Discipline time, visit any units, head- Code and the Military Section 7 Service Person quarters, agencies and Complaints Regulations nel’s Right of Petition authorities of the Bundes before courts that have wehr and their instal jurisdiction over military Every member of the armed lations even without prior disciplinary offences and forces shall have the right announcement. This right in proceedings before ad- to contact the Commissioner shall be vested exclusively ministrative courts that directly without going in the person of the Com- relate to his or her area of through official channels. missioner. The second responsibility; in such pro- He or she shall not be dis and third sentences of ceedings, he or she shall ciplined or discriminated paragraph (1) of this sec- have the same right of ac- against because of his or tion shall apply mutatis cess to records as a party her petition to the Commis- mutandis. to the proceedings. sioner.

63 (3) Permission to give evidence as a witness shall not be denied unless it would be Section 8 Anonymous to the detriment of the pub- Petitions lic good of the Federation or of one of the German Länder, Anonymous petitions shall many Members of the Bun- or it would severely jeopard- not be dealt with. destag as are required for the ise or considerably impede formation of a parliamentary the performance of public Section 9 Confidentiality group pursuant to the Rules duties. of Petitions of Procedure. No debate (4) This shall not affect the shall take place. Where the Commissioner statutory obligation to report takes action in response to a criminal offences and to ad- Section 14 Eligibility; Term petition, it shall be left to his vocate the preservation of of Office; Ban on Practice or her discretion to disclose the free democratic basic or- of Another Profession; Oath; the fact of a petition and the der where it is jeopardised. Exemption from Military name of the petitioner. He or Service she shall refrain from their Section 11 disclosure if the petitioner so (1) Every German who is wishes and compliance with (Repealed) entitled to be elected to this wish is not barred by le- the Bundestag and has at- gal duties. Section 12 Obligation of tained the age of 35 shall Federal and Land Authori be eligible for the office Section 10 Obligation ties to Inform the Commis of Commissioner. of Secrecy sioner (2) The term of office of the (1) The Commissioner is The judicial and administra- Commissioner shall be five obliged, even once his or her tive authorities of the Feder- years. Re-election shall be term of office has ended, to ation and the Länder shall be admissible. maintain secrecy regarding obliged to inform the Com- (3) The Commissioner may matters that have come to his missioner about the institu- not hold any other salaried or her official knowledge. tion of proceedings, the pre- office, engage in any trade, This does not apply to offi- ferment of a public charge, practise any profession, cial communications or to any investigations ordered in belong to the management matters that are known to the disciplinary proceedings and or the supervisory board of general public or that do not the outcome of such pro- any enterprise carried on for require secrecy in view of ceedings, when the matter profit, or be a member of a the level of importance ac- has been referred to one of government or a legislative corded to them. these authorities by the Com- body of the Federation or a missioner. (2) The Commissioner shall Land. not, even once his or her Section 13 Election of the (4) On assuming office, the term of office has ended, give Commissioner Commissioner shall take the any evidence on such mat- oath of office provided for in ters before a court or out of The Bundestag shall elect Article 56 of the Basic Law court, or make statements the Commissioner by secret before the Bundestag. without permission. This ballot with a majority of its permission shall be given by Members. Candidates may be (5) For the duration of his or the President of the Bunde- put forward by the Defence her term of office, the Com- stag in agreement with the Committee, by the parlia- missioner shall be exempt Defence Committee. mentary groups and by as from military service.

64 Section 16 Seat of the Com missioner; Chief Adminis trator; Staff; Budget (1) The seat of the Commis- sioner shall be attached to (2) If the Commissioner is the Bundestag. prevented from exercising (2) The Commissioner shall his or her office for more be supported by a Chief than three months, or when Administrator. Additional more than three months have Section 15 Legal Status personnel shall assist the elapsed after the end of the of the Commissioner; Commissioner in the execu- Commissioner’s term of Beginning and End of tion of his or her duties. The office without the term of Term of Office civil servants attached to the office of a successor having Commissioner shall be civil commenced, the Defence (1) Pursuant to the provi- servants of the Bundestag Committee may authorise sions of this Act, the Com- pursuant to Section 176 of the Chief Administrator to missioner holds an office un- the Act on Federal Civil exercise the right pursuant der public law. The Presi- Servants of 3 January 1977 to Section 3(4). dent of the Bundestag shall (Federal Law Gazette I, pp. 1, appoint the person elected. 795, 842), most recently Section 18 Official Emolu (2) The Commissioner’s term amended by Section 27 of ments; Other Payments of office shall begin when his the Act of 26 June 1981 (Fed- (1) From the beginning of or her letter of appointment eral Law Gazette I, p. 553). the calendar month in which is handed over or, should the The Commissioner shall be he or she takes office to the oath be taken at an earlier the superior of the personnel end of the calendar month in date (Section 14(4)), at the assigned to him or her. which his or her term of of- time when the oath is taken. (3) The necessary personnel fice ends, the Commissioner (3) The Commissioner’s term and equipment made availa- shall be paid official emolu- of office shall end, apart ble to the Commissioner for ments. Section 11(1)(a) and from the termination of his the performance of his or her (b) of the Federal Ministers or her tenure pursuant to functions shall be detailed Act shall apply mutatis Section 14(2) or through in a separate section of the mutandis with the proviso death, Bundestag budget. that the Commissioner’s salary and local allowance shall 1. upon his or her dismissal, Section 17 Representation be 75 per cent of the salary 2. upon his or her resigna- of the Commissioner and local allowance of a fed- tion. eral minister. The emolu- (1) If the Commissioner is (4) Upon the request of the ments shall be paid monthly prevented from performing Defence Committee, the Bun- in advance. his or her functions, and destag may instruct its Presi- from the end of his or her (2) In all other respects, Sec- dent to dismiss the Commis- term of office to the begin- tion 11(2) and (4) and Sec- sioner. This decision shall ning of the term of office of tions 13 to 20 and 21a of the require the approval of the his or her successor, the Federal Ministers Act shall majority of the Members of Chief Administrator shall ex- apply mutatis mutandis with the Bundestag. ercise the rights of the Com- the proviso that, instead of (5) The Commissioner may missioner except for the right a two-year term of office resign at any time. The Presi- pursuant to Section 3(4). Sec- (Section 15(1) of the Federal dent of the Bundestag shall tion 5(2) shall apply mutatis Ministers Act), a five-year announce the resignation. mutandis. term of office shall apply.

65 III. Excerpt from Type A General Publication 2600/2, ‘Matters concerning the Par liamentary Commissioner for the Armed Forces’

Contents The first sentence of this par- guard basic rights and act agraph shall apply mutatis 1 Constitutional position as an auxiliary organ of the mutandis to a career soldier of the Parliamentary Bundestag in the exercise or temporary-career volun- Commissioner for the of parliamentary oversight. teer who has been appointed Armed Forces The details are regulated Commissioner with the pro- in the Act on the Parliamen- viso that, in the case of tem- 2 Tasks and powers tary Commissioner for the porary-career volunteers of the Parliamentary Armed Forces (Act pursuant where Section 18(2) of the Commissioner for the to Article 45b of the Basic Federal Ministers Act ap- Armed Forces Law) in the version of the plies, the date of retirement 2.1 Tasks Announcement of 16 June shall be replaced by the ter- 2.2 Powers 1982 (Federal Law Gazette I, mination of service. 3 Procedural p. 677), most recently (3) The provisions of the arrangements amended by Article 15(68) of Federal Travel Expenses Act 3.1 General remarks the Act to Restructure Civil as published in the Notifica- 3.2 Processing Service Law of 5 February tion of 13 November 1973 3.3 Hearings 2009 (Federal Law Gazette I, (Federal Law Gazette I, p. 3.4 Processing of requests p. 160). 1621), most recently am when a complaint has ended by the Ordinance of been made concurrently 2 Tasks and powers 31 May 1979 (Federal Law 3.5 Processing within the of the Parliamentary Gazette I, p. 618), regarding jurisdiction of the Commissioner for the the highest travel expense agency concerned Armed Forces category, and the provisions 3.6 Visits conducted by of the Federal Removal Ex- the Parliamentary 2.1 Tasks penses Act in the version of Commissioner for the 201. The Parliamentary 13 November 1973 (Federal Armed Forces Commissioner for the Armed Law Gazette I, p. 1628), most 4 Notification of Forces shall take action recently amended by Article servicewomen and men VII of the Act of 20 Decem- – upon instructions from the ber 1974 (Federal Law 5 Data protection Bundestag or the Defence Gazette I, p. 3716), regarding Committee to examine 6 Cooperation in a spirit removals necessary as a re- certain cases, of trust sult of appointment or termi- – on her or his own initia- nation of office, shall apply tive and at her or his due 1 Constitutional position mutatis mutandis. discretion, if matters come of the Parliamentary to her or his attention that Commissioner for the Section 19 suggest a violation of the Armed Forces basic rights of service- (Repealed) 101. The Parliamentary women and men or of the Commissioner for the Armed principles of leadership Section 20 Forces is appointed by the development and civic (Entry into Force) German Bundestag to safe- education

66 c) She or he shall have the right to visit units, headquarters, agencies and – as a result of her or his authorities of the Bundes visits pursuant to Sec- wehr and their instal 203. With the exception tion 3(4) of the Act on lations at any time, even of the right to make unan- the Parliamentary Com- without prior notice. This nounced visits pursuant to missioner for the Armed right to make such visits paragraph 202(c), the powers Forces (WBeauftrG), shall be vested exclusively of the Parliamentary Com- – as a result of communi- in the person of the Parlia- missioner for the Armed cations from Members of mentary Commissioner for Forces may be exercised by the German Bundestag, the Armed Forces. This her or his staff. Fact-finding – as a result of petitions right shall also be held by visits conducted by her or pursuant to Section 7 the Chief Administrator if his staff shall be announced of the Act on the Parlia- she or he is authorised to in advance. mentary Commissioner exercise it by the Defence for the Armed Forces or Committee. The exercise 3 Procedural arrangements – in any other way. of this right may only be 3.1 General remarks denied for compelling 2.2 Powers reasons of secrecy. To 301. Matters concerning the this end, the decision of Parliamentary Commissioner 202. In performing the tasks the Federal Minister of for the Armed Forces shall assigned to her or him, the Defence is to be obtained be dealt with as matters of Parliamentary Commissioner immediately through urgency. Should an extended for the Armed Forces shall Branch III 2, Directorate- period of time be required to have the following powers: General for Forces Policy deal with such matters, the a) She or he may demand in- (FüSK III 2). Parliamentary Commissioner formation and access to d) She or he may also attend for the Armed Forces shall records from the Federal closed sessions of crimi- be informed of the progress Minister of Defence and nal courts or administra- made at appropriate inter- all the Minister’s subordi- tive courts that are con- vals by the agency that has nate agencies and person- cerned with her or his to comment on the matter. nel. These rights may only area of jurisdiction and Should doubts arise as to be denied for compelling military service courts. whether compelling reasons reasons of secrecy. The During such proceedings, of secrecy demand the denial decision to deny these she or he shall have the of a request when the Parlia- rights shall be taken by same right of access to mentary Commissioner for the Federal Minister of records as the parties to the Armed Forces requests Defence. the proceedings. information or access to b) If instructed by the Ger- e) She or he may give the records, or during a visit, man Bundestag or the authorities concerned an a decision of the Federal Defence Committee and opportunity to settle the Minister of Defence is to in response to a petition matter. be obtained immediately that is based on a com- f) She or he may refer a case through Branch FüSK III 2. plaint from the petitioner, to the authority responsi- The Parliamentary Commis- she or he may hear the ble for the institution of sioner for the Armed Forces petitioner, as well as criminal or disciplinary shall be informed of the witnesses and experts. proceedings. decision reached.

67 306. Should agencies subordinate to the Federal Minis- try of Defence be immediate- 3.2 Processing ly concerned with cases 302. If the Parliamentary raised by the Parliamentary Commissioner for the Armed Commissioner for the Armed Forces has written personal- Forces, that is without the been compiled, following ly to members of the Bun- involvement of the Ministry, their dispatch via the Lead- deswehr, the individual to Type A General Publication ership Development and whom the letter has been 500/1, ‘Cooperation of the Civic Education Centre, addressed shall reply. If the Federal Ministry of Defence Internal and Social Affairs Commissioner has written with its Subordinate Agen- Unit. to an agency, the head of the cies’, shall apply as a matter This applies to agency shall reply. As a mat- of principle. With regard to – petitions or reports con- ter of principle, final com- cases of significance for the cerning ‘suspicions of ments shall be signed by the management of the Federal criminal acts under the agency management. Ministry of Defence, the re Military Penal Code’ pur- levant specialist authority 303. Investigations that are suant to paragraphs 321 within the FMoD is to be no- required shall be conducted to 325 of Type A General tified for information only. by the disciplinary superior Publication 2640/34, In cases of outstanding fun- competent to do so in each – petitions or reports con- damental and/or strategic case. Any deficiencies iden- cerning ‘suspicions of significance, the authority tified shall be remedied. The offences against sexual within the Ministry respon- same shall apply if an agen- self-determination and sible for this specialist area cy of the Bundeswehr is sexual harassment by or is to be notified through offi- tasked by the Federal Minis- against members of the cial channels prior to the try of Defence (FMoD) with Bundeswehr’ (paras. 341 dispatch of the comments. answering a request from the and 342 of Type A General Branch FüSK III 2 is to be Parliamentary Commissioner Publication 2640/34), notified for information only for the Armed Forces. – petitions or reports con- in both cases. cerning ‘suspicions of 304. The processing of mat- 307. Comments from agen- espionage, extremism ters concerning the Parlia- cies of the Bundeswehr that or violation of the free mentary Commissioner for have been submitted follow- democratic basic order, the Armed Forces within the ing requests from the Parlia- committed by or against Federal Ministry of Defence mentary Commissioner for members of the Bundes shall be guided by the rele- the Armed Forces made in wehr’ (paras. 361 to 363 vant provisions of the Sup- response to reports pursuant of Type A General Publica- plementary Rules of Proce- to Type A General Publica- tion 2640/34). dure of the Federal Ministry tion 2640/34, ‘Estimate of of Defence (GO-BMVg). Bundeswehr Morale Incident 308. In addition to this, 305. Should higher superiors Reporting’, or pursuant to upon request, all comments be asked to comment, they Type A General Publication submitted by agencies of shall arrange for the facts of 200/5, ‘Bundeswehr Report- the Bundeswehr are to be the matter to be reviewed ing Systems’, in the cases forwarded through official and shall convey the results specified below or in re- channels to the Federal Min- of the investigation, together sponse to petitions, shall be istry of Defence, with the with their own comments, to forwarded immediately to main case files that have the Parliamentary Commis- Branch FüSK III 2, with the been compiled, following sioner for the Armed Forces. main case files that have their dispatch, if

68 311. With regard to petitions, their contents and the comments on them, all concerned shall also have a duty to observe confidentiality in 314. Petitions that the Parlia- their dealings with one an- mentary Commissioner for – the matter is to be assigned other pursuant to the provi- the Armed Forces forwards political or public/media sions of the relevant legisla- to agencies of the Bundes significance, or tion and/or collective wehr for them to comment – judicial disciplinary pro- agreements (e.g. Section 14 on may only be dealt with as ceedings or criminal pro- of the Legal Status of Mili- complaints under the Mili- ceedings have been insti- tary Personnel Act, Section tary Complaints Regulations tuted concerning the case 67 of the Federal Civil Ser- (WBO) when construing in question, or their insti- vice Act, Section 37 of the them in this fashion is con- tution is to be expected. Act on the Status of Civil sistent with the express will 309. In so far as servicewom- Servants and Section 3(1) of of the petitioner. en or men release the physi- the Collective Agreement for cians who have treated them the Public Service), in so far 3.3 Hearings or medical assessors from as they do not concern the 315. Should the Parliamen their duty to maintain medi- immediate processing of the tary Commissioner for the cal confidentiality in connec- petition. Armed Forces exercise her tion with their petitions to 312. It shall only be permis- or his rights to information the Parliamentary Commis- sible to evaluate the case to and access to records (para. sioner for the Armed Forces, examine whether advice 202(a)), this is to be support- this shall, in case of doubt, should be issued following ed in every respect. In so far relate exclusively to com- the conclusion of the pro- as this is required, adminis- ments made directly to the ceedings. The names of the trative or special leave shall Parliamentary Commissioner. individuals concerned may be granted for a hearing pur- Copies of these comments not be published when this suant to Section 9 of the and annexes attached to is done. In particular, when Leave Regulations for Mili- them that are to be forward- servicewomen and men or tary Personnel (SUV) in con- ed to other agencies within witnesses are interviewed, junction with paragraph 307 the jurisdiction of the Feder- they shall only be given of Type A General Publica- al Ministry of Defence knowledge of the part of a tion 1420/12, ‘Implementa- through official channels petition that relates to them- tion of the Leave Regulations must not contain any facts or selves or concerning which for Military Personnel’. assessments that are subject they are being interviewed. 316. In so far as matters are to medical confidentiality. 313. As a matter of principle, to be dealt with at a hearing 310. Comments addressed to proceedings shall be con- that are subject to mandatory the Parliamentary Commis- cluded by a letter from the confidentiality, persons to sioner for the Armed Forces Parliamentary Commissioner be heard may give evidence shall, where applicable, be for the Armed Forces. on matters up to the classi drafted in such a way that Should the Parliamentary fication level ‘restricted’ statements subject to medi- Commissioner give notifica- (VS-NfD). In the case of mat- cal confidentiality are sum- tion of the conclusion of pro- ters with a higher security marised in a separate annex ceedings, this is to be made classification, the person to and shall be conveyed only known to the agencies in- be heard shall have to obtain to the Commissioner directly volved and the individuals permission to give evidence together with the original affected by the petition along through the competent disci- copy of the letter. with their outcome. plinary superior. Should the

69 progress of the complaint case. A copy of the decision shall be forwarded to her or him immediately. She or he persons to be heard be em- shall be informed separately ployees, the regulations of any recourse to legal rem- the Military Complaints Reg- set out in civil service law edies or of the non-appeala- ulations or Military Disci- are to be applied mutatis bility of the ruling delivered pline Code, the time limits mutandis. on the complaint. set in the Military Com- plaints Regulations and Mili- 317. Should the competent 320. Should a matter raised tary Discipline Code shall disciplinary superiors not by a petition have import only be observed if the peti- be able to grant permission, wider than a complaint sub- tion has been received by they shall obtain a decision mitted under the Military the authority competent from their superiors. The Complaints Regulations, this to accept such a complaint right to refuse permission part of the petition shall be or application within these shall remain reserved to dealt with in the same way time limits. Branch FüSK III 2. as other petitions. 318. The persons heard shall 321. Should disciplinary in- 3.5 Processing within the be reimbursed in accordance vestigations be instituted on jurisdiction of the agency with the Judicial Remunera- account of the matters raised concerned tion and Compensation Act in a petition, the Parliamen- 323. The following arrange- of 5 May 2004 (Federal Law tary Commissioner for the ments shall apply for the Gazette I, pp. 718, 776), most Armed Forces shall be in- processing of cases that the recently amended by Article formed of this. Following the Parliamentary Commissioner 13 of the Act of 5 December completion of the proceed- for the Armed Forces refers 2012 (Federal Law Gazette I, ings, the Commissioner shall to agencies of the Bundes p. 2418). This shall be done be informed of the decision wehr for them to settle with- upon application by the reached. Should judicial dis- in their own jurisdiction: Office of the Parliamentary ciplinary proceedings be Commissioner for the Armed conducted, she or he shall a) Should the case be direct- Forces. also be informed of any sig- ed against a servicewoman nificant interim rulings by or man, it shall be for- 3.4 Processing of requests the authority that instituted warded to the immediate when a complaint has been the proceedings or the disci- disciplinary superior who made concurrently plinary attorney’s office that is competent to deal with is acting on its behalf. it. 319. Should a complaint b) Other cases shall be for- have been submitted under 322. The legal remedies warded to the authority the Military Complaints Reg- available under the Military that has to judge on the ulations (WBO), including a Complaints Regulations and subject matter of the case. disciplinary complaint un- the Military Discipline Code der Section 42 of the Mili- shall not be replaced by a pe- 324. The authority referred tary Discipline Code (WDO), tition to the Parliamentary to in paragraph 323(b) shall and should a petition on the Commissioner for the Armed have to deliver a decision to same matter have been sub- Forces. Even if a petition to the petitioner through offi- mitted, the Parliamentary the Parliamentary Commis- cial channels, but it may also Commissioner for the Armed sioner for the Armed Forces be communicated orally by Forces shall be informed is to be regarded as a com- the competent disciplinary about the current status and plaint or application under superiors.

70 Equipment, Information Technology and In-Service 3.6 Visits conducted by the Support (BAAINBw), Parliamentary Commission Federal Office of Bundes er for the Armed Forces wehr Infrastructure, Environmental Protection 325. Visits conducted by the and Services (BAIUDBw), Parliamentary Commissioner Federal Office of Languages for the Armed Forces on spe- (BSprA), Bundeswehr Edu- cial grounds (e.g. in connec- cation Management Centre tion with special incidents, (BiZBw), Bundeswehr Uni- or should several identical or versity Hamburg/Munich similar petitions have been (UniBw HH/M), Office of the submitted from the same Evangelical Lutheran Church agency) shall be reported by for the Bundeswehr (EKA), the heads of the agency con- Catholic Military Episcopal cerned to the Federal Minis- Office (KMBA), Disciplinary try of Defence by fax/email Attorney General for the using the following template: Armed Forces at the Federal 402. The Commissioner’s Federal Ministry of Defence Administrative Court address is: Branch FüSK III 2 (BWDA)) Parliamentary Commissioner Stauffenbergstraße 18 for the Armed Forces Subject: 10785 Berlin Platz der Republic 1 Re: Field visit by the Parlia- (E-Mail: BMVg FüSK III 11011 Berlin mentary Commissioner for 2/BMVg/BUND/DE) (Mail: wehrbeauftragter@ the Armed Forces on special bundestag.de) for information only through grounds official channels: – Date and time Pursuant to paragraph 329 of – Agency Type A2 General Publication Higher commands and high- – Location and living quarters 2630/0-0-2, ‘Life in the Mili- er federal authorities of all – Grounds tary Community’, this ad- major organisational ele- dress shall be displayed on ments or military agencies 4 Notification of the agency’s information immediately subordinated servicewomen and men board or information portal. to the Federal Ministry of Defence 401. All servicewomen and 403. Petitions/letters from (Army Headquarters (Kdo H), men shall be notified of the members of the Bundeswehr Air Force Headquarters functions and powers of the to the Parliamentary Com- (Kdo Lw), Navy Headquar- Parliamentary Commissioner missioner for the Armed ters (MarKdo), Joint Support for the Armed Forces by Forces shall be conveyed by Service Command (KdoSKB), their disciplinary superior the internal postal service. Bundeswehr Medical Service at the beginning of their They may be posted in the Command (KdoSanDstBw), basic training and, once agency. Bundeswehr Operations again, following their post- 404. Servicewomen and men Command (EinsFüKdoBw), ing to their parent unit. may only contact the Parlia- Bundeswehr Planning Every servicewoman and mentary Commissioner for Office (PlgABw), German man has the right to submit the Armed Forces individu- Military Aviation Authority petitions to the Parliamenta- ally. (LufABw), Federal Office ry Commissioner for the of Bundeswehr Personnel Armed Forces directly with- 405. Anonymous petitions Management (BAPersBw, out having to go through shall not be dealt with (Sec- Federal Office of Bundeswehr official channels. tion 8 of the WBeauftrG).

71 406. Should a servicewoman 408. Servicewomen and men or man contact her or his may not enclose documents disciplinary superior before with security classifications writing a petition, she or he higher than ‘restricted’ with 5 Data protection shall be given advice and as- their petitions to the Parlia- 501. The Federal Data Pro- sistance. It shall be a disci- mentary Commissioner for tection Act (BDSG) and plinary offence and simulta- the Armed Forces. This pro- Type A General Publication neously a criminal offence hibition also extends to the 2122/4, ‘Data Protection’, under Section 35 of the Mili- detailing of individual facts shall be complied with when tary Penal Code if superiors that, to their knowledge, are matters concerning the Par- use orders, threats, promises subject to security classifica- liamentary Commissioner for or gifts, or any other means tions higher than ‘restricted’. the Armed Forces (obtaining that run counter to service Should the communication of comments, drafting of re- regulations to persuade sub- of such circumstances seem ports/briefing notes, forward- ordinates not to submit peti- necessary from the point of ing of reply letters, etc.) are tions to the Parliamentary view of the petitioner, a ref- dealt with. In this respect, Commissioner for the Armed erence to this may be includ- the safeguards foreseen in Forces, or suppress such pe- ed in the petition, or the pe- Type A General Publication titions. Any attempt to do titioner shall make contact 2122/4 shall be taken into so shall also be prosecutable directly with the Office of consideration – up to level 3 and may be punished as a the Parliamentary Commis- data (personal data). disciplinary offence. sioner for the Armed Forces in order to present her or his 407. No servicewoman or 6 Cooperation in concerns while abiding by man may be officially disci- a spirit of trust the provisions on confidenti- plined or discriminated ality. 601. It shall be expected of against because she or he has all superiors that they coop- submitted a petition to the 409. On request, the Parlia- erate in a spirit of trust with Parliamentary Commissioner mentary Commissioner for the Parliamentary Commis- for the Armed Forces. Com- the Armed Forces shall, as sioner for the Armed Forces pliance with the prohibition a matter of principle, be and therefore give her or him of discrimination pursuant provided with information the opportunity to gather to the second sentence of about the documents and information quickly and Section 7 of the Act on the facts specified in paragraph thoroughly. Parliamentary Commissioner 408, and allowed to consult This will make it possible for the Armed Forces is to be documents that have securi- to significantly promote ser- ensured. Should the petition ty classifications higher than vicewomen and men’s un- contain breaches of official ‘restricted’. A request to this derstanding of our country’s duties or criminal acts, for effect may only be denied for constitutional system and example insulting or libel- compelling reasons of secre- legal order, as well as their lous remarks, this may be cy by the Federal Minister of confidence both in democra- punished through discipli- Defence in person, or her or cy and in the Bundeswehr. nary channels or prosecuted his permanent official depu- in the criminal courts as a ty (cf. Section 3(1) of the 602. All disciplinary superi- disciplinary offence (cf. para. WBeauftrG). Enquiries from ors are called upon to report 3323 of Type A General Pub- agencies concerning the their experience of the appli- lication 2160/6, ‘Military decision reached shall be cation of this General Publi- Discipline Code and Military submitted through Branch cation through official chan- Complaints Regulations’). FüSK III 2. nels to Branch FüSK III 2.

72 V. Procedural principles for cooperation between the Petitions Committee and the Parliamentary Commissioner for the Armed Forces

1. The Petitions Committee shall notify the Parliamen I V. tary Commissioner for the Excerpt from the Rules of Armed Forces of a petition if Procedure of the German it relates to service personnel Bundestag in the version of the Bundeswehr. The Par- of the Announcement of liamentary Commissioner 2 July 1980 (Federal Law for the Armed Forces shall Gazette I, p. 1237), most inform the Petitions Commit- recently amended by the tee whether he or she has Announcement of 23 April opened a case file in the 2014 (Federal Law same matter and whether he Gazette I, p. 534) or she will be taking action. Rule 115 2. The Parliamentary Com- Rule 113 Debates on reports missioner for the Armed Election of the Parliamen of the Parliamentary Forces shall notify the Peti- tary Commissioner for the Commissioner for the tions Committee of a case if Armed Forces Armed Forces the Petitions Committee has The Parliamentary Commis- (1) The President shall grant recognisably received a sub- sioner for the Armed Forces leave to speak to the Parlia- mission in the same matter. shall be elected by secret mentary Commissioner for ballot (Rule 49). 3. If the Petitions Committee the Armed Forces in the de- and the Parliamentary Com- bate on reports submitted by Rule 114 missioner for the Armed the Commissioner if a parlia- Reports of the Parliamen Forces both deal with the mentary group so demands tary Commissioner for the same matter, the case shall or five per cent of the Mem- Armed Forces generally first be processed bers of the Bundestag, who by the Parliamentary Com- (1) The President shall refer shall be present, so demand. missioner for the Armed the reports of the Parliamen- (2) Upon the demand of a Forces. If the Petitions Com- tary Commissioner for the parliamentary group or the mittee takes action, it shall Armed Forces to the Defence demand of five per cent of notify the Parliamentary Committee unless a parlia- the Members of the Bunde- Commissioner for the Armed mentary group or five per stag, who shall be present, Forces of such. The Parlia- cent of the Members of the the Parliamentary Commis- mentary Commissioner for Bundestag demand that they sioner for the Armed Forces the Armed Forces and the be placed on the agenda. shall be summoned to attend Petitions Committee shall (2) The Defence Committee sittings of the Bundestag; regularly notify each other shall report to the Bunde- paragraph (1) shall apply in writing of the progress of stag. mutatis mutandis. processing and its outcome.

73 The German Bundestag’s website provides information about Members of the German Bundestag, and important legal foundations for their work such as the Rules of Procedure and the Act on the Legal Status of Members of the German Bundestag. It can be used to search the minutes of plenary proceedings and printed papers or watch debates broad- cast on Web TV. Furthermore, information materials can be ordered or down- loaded online. www.bundestag.de

Information on the Internet

74 Web page of the Parliamentary Commissioner for the Armed Forces www.bundestag.de > English > Menu > Parliament

Web page of the Defence Committee of the German Bundestag www.bundestag.de > English > Menu > Website of the weekly political Committees newspaper Das Parlament www.das-parlament.de Data Handbook on the History of the German Bundestag online (1949–1999) Website of the Federal Ministry and as downloads (1954–2003) of Defence ww.bundestag.de > Dokumente > www.bmvg.de Parlamentsarchiv Website of the Federal Agency for Civic The Bundestag’s Internet portal for Education with reports and publications young people on political and societal issues www.mitmischen.de www.bpb.de

Andersen, Uwe u. a. (Hrsg.): Der Deutsche Bundestag (The German Bundestag). Schwalbach: Wochenschauverlag, 2007.

Feldkamp, Michael: Datenhandbuch zur Geschichte des Deutschen Bundestages 1994 bis 2003 (Data Handbook on the History of the German Bundestag 1994–2003). Baden-Baden: Nomos, 2005. Ergänzungsband: 1990 bis 2010. Baden-Baden: Nomos, 2011.

Literature (selection)

76 Feldkamp, Michael: Der Deutsche Bundestag – 100 Fragen und Antworten (The German Bundestag – 100 Questions and Answers), 2nd edition. Baden-Baden: Nomos, 2012. Marschall, Stefan: Parlamentarismus: Eine Einführung Ismayr, Wolfgang: (Parliamentarianism: An Introduction), Der Deutsche Bundestag Baden-Baden: Nomos, 2005. (The German Bundestag), 3rd edition, Der Wehrbeauftragte des Deutschen Wiesbaden: VS-Verlag, 2012. Bundestages (Hrsg.): Zum Schutz der Grundrechte ... Linn, Susanne und Sobolewski, Frank: Der Wehrbeauftragte des Deutschen So arbeitet der Deutsche Bundestag: Bundestages 18. Wahlperiode (To Safeguard Basic Rights ... (The German Bundestag – Functions The Parliamentary Commissioner for the and Procedures: 18th Electoral Term). Armed Forces of the German Bundestag), Rheinbreitenbach: NDV Neue Rheinbreitenbach: NDV Neue Darmstädter Verlagsanstalt, 2014. Darmstädter Verlagsanstalt, 2006.

77 Bartels, Hans-Peter 12, 54 Berkhan, Karl-Wilhelm 12, 51 Biehle, Alfred 12, 52 Grolman, Helmuth von 12, 49 Heye, Hellmuth Guido 12, 49 Hoogen, Matthias 12, 50 Königshaus, Hellmut 12, 54 Marienfeld-Czesla, Claire 12, 52 Penner, Willfried 12, 53 Robbe, Reinhold 12, 53 Schultz, Fritz-Rudolf 12, 50 Weiskirch, Willi 12, 51

Index of persons

78 Published by: German Bundestag, Public Relations Division Text: Karl Gleumes (revised 2016: Andrea Bischoff, Heike Erlbeck and Kai Mühlstädt), Georgia Rauer (pp. 48–54 left) Edited by: Georgia Rauer Translated by: Language Service of the German Bundestag, in cooperation with Martin Pearce Designed by: Regelindis Westphal Grafik-Design / Berno Buff, Norbert Lauterbach Bundestag eagle: created by Prof. Ludwig Gies, revised in 2008 by büro uebele Photos: front cover, p. 31 Deutscher Bundestag / Ute Grabowsky / photothek.net; inside front cover DBT / Marcus Zumbansen; p. 5 DBT / Thomas Trutschel/photothek.net; p. 7 DBT / Hans-Günther Oed; p. 13 ullstein bild – AP; p. 19 DBT / studio kohlmeier; p. 23 Bundeswehr / Oliver Pieper; p. 25 Bundeswehr / 381 Communication and Information Systems Support Battalion; p. 27, p. 39, inside back cover DBT / Achim Melde; p. 29 Ulli Scharrer / Straubinger Tagblatt; p. 35 DBT / Simone M. Neumann; p. 37 Specialist Patrick Schulze, 2015; p. 41 Bundeswehr / Celine Hochholzer; p. 43 KS / Doreen Bierdel; p. 47 Bundeswehr / Sebastian Wilke; p. 49 left Press and Information Office of the German Federal Government / Lower Saxon Land Photographic and Film Archive; p. 49 right, p. 50 left Press and Information Office of the Federal Government / Rolf Unterberg; p. 50 right dpa-Bildarchiv; p. 51 left Press and Information Office of the Federal Government / Jens Gathmann; p. 51 right, p. 52 right DBT / Parliamentary Archives; p. 52 left DBT / Photo and Image Archive; p. 53 left DBT / bild- Team Berlin, H. Barrientos; p. 53 right DBT / Anke Jacob; p. 54 left DBT / Marco Urban; p. 54 right DBT / Stella von Saldern; p. 55 DBT / Werner Schüring; p. 56 DBT / Arndt Oehmichen Graphics: pp. 58–60 Regelindis Westphal Grafik-Design Printed by: Druckhaus Waiblingen, Remstal-Bote GmbH

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Democracies are at pains to integrate their armed forces into the rest of society and effectively oversee their use of force. Parliamentary oversight is of particular significance here. When the Bundeswehr was founded, care was taken to ensure it was subject to particular parliamentary scrutiny. The creation of the Office of the Parliamen- tary Commissioner for the Armed Forces is regarded as one of the most important achievements in this field. The Commissioner’s mandate is clearly defined: It is their job to safeguard servicewomen and men’s basic rights, and support the Bundestag in exercising parliamentary oversight, and they have been granted comprehensive rights that enable them to carry out this role.