Ficjfs 1St Session /' REPORT This Microfiche Was Produced from Documents Received for ~ on Inclusion in the NCJRS Data Base
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--------~------------------~--------------------- If you have issues viewing or accessing this file contact us at NCJRS.gov. -rlo-'_'''~ - - ... r 1'1 F-I National Criminal Justice Reference Service r=~~------~--~~--- 97th Congress } COMMITTEE PRINT { No.6 fiCjfS 1st Session /' REPORT This microfiche was produced from documents received for ~ ON inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, DOMESTIC AND INTERNATIONAL the individual frame quality will vary. The resolution chart on TERRORISM this frame may be used to evaluate the document quality. SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE IIIII \.0 COM~1ITTEE ON THE JUDICIARY NINETY-SEVENTH CONGRESS \\\\\~ FIRST SESSION \\\\\~ \\\\\~ IIIII 1.6 MICROCOPY RESOLUTION TEST CHART APRIL 1981 NATIONAL BUREAU OF STANCARDS-1963-A t ~I " '.\ . ~. .~ Printed for the use of the Committee on the Judiciary Microfilm'irig procedures used to c;eate this fiche comply w~th r' ,11 the standards set forth in 41CFR 101-11.504. U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1981 I 'I,"I Points of view or opinions stated in this document are . \ DATE FILMEDl , those of the author(s) and do not represent the official t position or policies of the U. S. Department of Justice. It'''·!. 1/12/82 , I ~Nati"()nal Institute ~{J~stice "c'-;L J '.. --United Stat~s-D-;P-artmentof Justic~-'~ '-.- .-. ,. ~~""---'--.- ... ~"~~.-..~.--~--, ~-..---. _...... .. -.-~. -'--:-.. -...--------------.-"'" ..". ....,. _ M''' -. -.-..,...~ .. ,......... ". ~ ~'" - "~ '"' ~ .' - Washington, D. C. 20531 I , .' , U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this ~ed material has been granted by Public Domain LETTER OF SUBMITTAL ll.-S---Governroent(Hollse-.o.f.-REPS. to the National Criminal Justice Reference Service (NCJRS). CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, Further reproduction outside of the NCJRS system requires permis sion of the ~ owner. COMMITTEE ON THE JUDICIARY, Washington, D.O't January 21t 1981. COMMITTEE ON THE JUDICIARY Hon. PETER W. RODINO, Jr., PETER W. RODINO, JR., New Jersey, Chairman Chairman, Oommittee on the Judiciary, JACK BROOK!., Texas ROBERT McCLORY, Illinois U.S. House oj Representatives, Rayburn House Office Building, ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, TIlinols Washington, D.L DON EDWARDS, California HAMILTON FISH, JR., New York DEAR MR. CHAIRMAN: This formal report is submitted to the Com JOHN CONYERS, JR., MIchigan M. CALDWELL BUTLER, Virglna mittee on the Judiciary on behalf of a study mission to the Federal JOHN F. SEIBERLING, Ohio CARLOS J. MOORHEAD, CalIfornia GEORGE E., DANIELSON, California JOHN M. ASHBROOK, Ohio Republic of Germany and Italy from December 13-18. ROllfA~O L. lIfAZZOLI, Kentucky HENRY J. HYDE, Illinois The purpose of the trip was to obtain facts and information which WILLIAM J. HUGHES, New Jersey THOMAS N. KINDNESS, Ohio would assist the members in considering legislation and exercising SAM B. HALL, JR., Texas HAROLD S. SAWYER, Michigan oversight of the problem of terrorism, a subject within the jurisdiction lIUKE SYNAR, Oklahoma DAN LUNGREN, California PATRICIA SCHROEDER, Colorado F. JAMES SENSENBRENNER, JR., WIsconsin of the Committee. BILLY LEE EVANS, Georgia BILL McCOLLUM, Florida I believe this report will be of assistance to the members in the DAN GLICKMAN, Kansas exercise of their legislative and oversight duties both as Members of HAROLD WASHINGTON, Illinois the Committee on the Judiciary and as Members of Congress. BARNEY FRANK, Massachusetts Sincerely, ALAN A. PARKER, General Counw DON EDWARDS, GARNER J. CUNE, Staff Director FRANKLIN O. POLK,Associate Counsel Chairman, Subcommittee on Oi'vU and Oonstitutional. Rights. ~Inl SUBCOMMITTEE ON CIVIL AND CoNSTITUTIONAL RIGHTS DON EDWARDS, California, Chairman ROBERT W. KASTENlIfEIER, Wisconsin HENRY J. HYDE, IllinoIs PATRICIA SCHROEDER, Colorado F. JAMES SENSENBRENNER, JR., WIsconsin HAROLD WASHINGTON,IIlinols DAN LUNGREN, California CATHERINE LERoY, Goul/8el \ JANICE COOPER, A.BBiBtatlt Gaul/Bel THOMAS M. BoYD, Assft/ant Counsel (n) , .",~,--~ .' ...,.... .. ,,--.... -- -- -.~ " - .- -------- -~-- , r ., CONTENTS Page Letter d submittaL _ _ _ __ __ ____________________________ ____ ______ __ iii Introduction____ ____ ______________________ ______ __ ____ __ ____ ______ 1. I. Overview _______ __ ____________ __ ________ ________ ____ __________ 3 II. Views of West German officials__________________________________ 5 1. 'The development of German terrorism____________________ 5 2. The present____________________________________________ 10 3. Instruments for fighting terrorism_________________________ 11 4. Roles of the Laender (states) and the BKA _________ '_______ 13 5. Cooperation betw~en Federal and State police______________ 13 6. Crisis mnnagement______________________________________ 14 7. International cooperation________________________________ 17 8. Additional observations__________________________________ 18 III. Views of selected Bcrlin acadcmics_______________________________ 21 IV. Views of selected members of the Italian parliament_______________ 24 V. Views of selected journalists in Italy_____________________________ 28 VI. Views of Italian officials________________________________________ 30 Appendixes_______________________________________________________ 33 (V) .. { . \ A.ue r . '~. :\ f '---c-----'-rr--.-..,'---.. \'~, .. , ...• ,,~~._._!.. ...... )~)";-.f:).,~' 'i i .- - ... ~ - , - 1 I, r I I / " '\ INTRODUCTION On December 12, 198q, a delegation of Judiciary 9 mmittee mem bers departed from Washmgton, D. O. on a study mISSIOn0 to the Federal RepUblic of Germany and Italy. The bipartisan delegation consisted of the following members of the Oommittee on the Judiciary: Don Edwards (Ohairman, Sub committee on Oivil and Oonstitutional Rights and chairman of the delegation), James F. Sensenbrenner, and Romano L. Mazzoli.l The purpose of the trip was to obtain facts and information which will assist the members in considering legislation and exercising over sight of the subject of domestic and international terrorism. Pursuant to Rule X, clause l(m) (19) of the Rules of the House of Representa tives, the House Oommittee on the Judiciary has jurisdiction over u, matters concerning "subversive activities affecting the internal securit.y of the United States." III addition, Rule X, clause 2 (b) (1) states that each committee shall exercise its general oversight re sponsibility by reviewing and stUdying "any conditions or circum stances which may indicate the necessity or desirability of enacting new or additional legislation within the jurisdiction of that com mittee ... and shall on a continuing basis undertake futures research and forecasting on matters within the jurisdiction of the committee." In exercising these responsibilities the Ohairman of the Oommittee, Honorable Peter W. Rodino, Jr. wrote to Don Edwards, Ohairman of the Subcommittee on Oivil and Oonstitutional Rights on May 11, 1978, requesting that the Subcommittee undertake a study of the "twin problems of terrorism in our society and the proper govern mental response to the threat of that terrorism." 2 The mission is part of that continuing stUdy. By studying the root causes of indigenous terrorism in Germany and Italy, and the means adopted in those nations to control terrorism, it is hoped that the United States might avoid the problems faced in those countries and, if ever confronted with a similar terrorist threat, might learn from their experiences. The meetings were held in Berlin (December 13, 14, und 15); Bonn, Federal RepUblic of Germany (December 16) ; and Rome, Italy (December 17 and 18). The substance of most of these meetings are 0; summarized in the report that follows. Relatively brief meetings ... ,i .. ! \ (briefings from American Embassy and Mission personnel in East and ! ~ West Berlin, Bonn and Rome, rtnd discussions with several members ! of the West German Bundestag) have not been summarized. Those I , I meetings reflected the same basic themes and concerns thil,t were ex " pressed in the discussions that are summarized below. I -', 1 Congressman 1tiilzzoll jOined the delegation In Italy. ') ' See Appendix I for the complete text of tIle letter. J -:.~ I V ,\ (1) I I I) :_,: __. , I, Lt , 1 I ',' - ------------- , r . ... 2 f The . m~mbers of the study mi$sion wish ~o express. their deep appreCIatIOn to the members of the academIc, legal, Journalistic I "'Qvernmental, and diplomatic communities .who met with them. Th~ I OVERVIEW hospitality extended to them .,,~as most. gracIOus, and. the information provided most useful. In addItIon, the Invaluable assIstance provided While the causes and cures for terrorism in both Italy and the by the Dep'artment of State and by the v~rious U.S: Ambassaqors and I Federal RepUblic of Germany are firmly rooted in each country's their staff IS gmtefully acknowledged. WIthout theIr cooperatIOn, the unique social and legal development, nevertheless, both the tragic success of the mission would not have been possible. experiences and encouraging progress of those countries in dealing with the problem can provide useful instruction to the United