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Vol. VI. No. 3 .:>IARCH,'I95I INFORMATION OWED «r THE ASSOCIATION OF JEWISH REFUGEES IN GREAT BRITAIN 8. FAIRFAX MANSIONS. FINCHLEY ROAD ( FAIRFAXTOAO ) LONDON. N.W.3 Office and ContuWnf Hours : 10 o.m.— I p.m., 3—6 p.m, Sunday 10 ».m.—I p.m. Telephone : MAIda Vila 909S (General Office) vn MAIda Vale 4449 (Employment Ajency) PROGRESS IN RESTITUTION J) T^HE promulgation of the Berlin Indemnification BERLIN INDEMNIFICATION LAW Law is an important step towards the com­ pletion of legislation in the field of restitution and The Berlin Indemnification Law which as the implementing orders and the forms compensation. Apart from certain shortcomings, had been adopted by the West BerHn have become available, claimants will in "ttich, it is hoped, will be overcome by amendments, " Magistrat " as early as October 30, 1950, many cases have to seek individual advice "6 new law is as little unsatisfactory as could be has now been approved by the AUied before registration. expected under prevailing circumstances. There Kommandatura, and was published in the Amongst the groups of claimants, defined ^6. of course, many general deficiencies arising out Berlin " Verordnungsblatt" of February in Art. 8, Par. 1, the following two categories the peculiar present political position in Berlin, 8, 1951. The delay of the approval is are of main interest from the Jewish point of "•Id the new law reminds us again of the unequal mainly due to the fact that in certain view : Persons who had their domicile in \\) '^^tment of former residents of pre-war Germany. important points the Law has fallen Berlin on January 1, 1947, and persons (and The organisations which represent the Jews from short of the corresponding regulations of the their heirs respectively) who dieci, emigrated, ^rmany do everything possible towards a reduction Indemnification Laws in the American Zone. were deported or expelled prior to January 1, 3U0<1 ' the injustice from which those former German When it gave its approval, the Allied Kom­ 1947, if they had their last domestic residence J6Ws have to suffer who are not covered by present mandatura, therefore, asked the Municipal in Greater Berlin. Furthermore, for damages •^Sislation. It will be an indication of the good will Authorities to remove these shortcomings by to landed property in Berlin indemnification the German Federal RepubUc whether and to future amendments. The three deficiencies will be granted irrespective of the domicile •^at extent it helps to remove hardships which which are of special importance to Jewish of the injured person (Art. 8 Par. 2). id, '"St for a great number of Nazi victims. In these victims of Nazi persecution, are the following According to Article 55, the Indemnifi­ *ys, when the criminal promoters of the catastrophe ones : the maximum indemnification for fe treated with clemency, their victims are entitled cation Law shall not be valid in that area of '^ *xpect justice. property losses is fixed at DM. 40,000 (as Berlin in which the " Magistrat" are against DM. 75,000 in the American Zone) ; prevented from the exercise of their rights ^ne gap should also be narrowed by an early the D.P.s who had been staying in Berlin and duties. The view has been expressed J ""lulgation of Indemnification Laws in the camps are (with certain exceptions) excluded; by well-informed quarters in Berlin that this 2^nder of the British Zone. Readers will see from contrary to the American Laws, the Berlin restriction is meant merely territorially and 's issue that the " Council of Jews from Germany " Law does not expressly name the Jewish that, therefore, it may reflect, e.g. on damage ^ again taken up this highly important matter Successor Organisations as beneficiaries of to real property in " Berlin " (Art. 8, Par. 2), *'th the British Authorities. certain types of claims. but not on the claims of people who emigrated ''Urthermore, steps have to be taken in order to The " Coimcil of Jews from Gennany " of from East Berlin (as part of " Greater r 6(1 up transfer facilities, without which restitution which the AJR is a constituent member, had Berlin ") and who no longer reside in Berlin compensation are meaningless for the vast at all. It can, however, not be foretold S «iber of Jewish Nazi victims who are living already drawn the attention of the Alhed ''tside Germany. Authorities to these setbacks, but had, at whether this view will be accepted by the the same time, suggested that the Law Courts. 1 all these and many other questions the Jews "1 Germany themselves have to take up their should be put into effect as soon as possible The Law lays down three main types of ^ ^ through their appropriate representative on the understanding that it should be damages for which indemnification may be ^ '^s. Every claimant, whether he is able to improved by way of future amendments. granted : Damages to life, body, health and g P'°y a lawyer or whether, being indigent, he This attitude of the " Council " was guided freedom, damages to property, and damages "^sts his case to the United Restitution Office by the idea that in the interest of the great to profession or occupation. ^ realise that the legal settlement of his claim number of claimants any further delay should Under the first category indemnification Pe on general developments which call for be avoided. It is gratifying that this pro- may be granted to widows, minor children J "lanent action and vigilance. Therefore, under ceedure has been adopted by the Allied and grandchildren of persons who lost their ! 6^ ^pect of restitution as among so many others, Authorities and that now a Berlin Indemnifi­ lives during the Hitler regime as persecutees. t]^ ^ Jew from Germany has a vested interest in cation Law has come into force which, apart Furthermore, indemnification may be granted ^successful work of the AJR and of the " Council from the setbacks mentioned above, corre­ to persecutees who have suffered bodity harm 'nt ,!*^ from Germany," of which the AJR is an sponds in its main points with the Indemnifi­ or whose health has been impaired. Indem­ cation Laws in the American Zone. nification for loss of freedom may be granted As in the American Zone, not all types of at the rate of DM 5 per day, if the persecutee l5 ^ MEET YOUR NEIGHBOUR damages are indemnified at once ; the Law was detained for at least one month. ^ *1E announcement of the intended creation of lays down three categories of claims which, Under the second category indemnification according to priority, have to be settled one up to DM. 40,000 may be granted for damage Une '^^^^ °^ " ^^^ °^^' *'** ' '^^^ ™^*- ""^^^ ^" after the other. to property including special dues (e.g. li and ''^'^^^'^ly large response. It was interesting— The time limit for the registration of claims Judenvermoegensabgabe) and emigration tax how P^''liaps also somehow distressing—to learn is February 9, 1952. On the other hand, {Reichsfluchtsteuer). anjjj "^ny in our midst are feeling isolated and are iviiQ^**^ to come into closer contact with others, claims cannot be registered at present The third category of claims refers to gt <i\^ Wkground and situation are similar to their because, so far, no claims registry has been persons whose career had been impaired by kee^" ^ preliminary gathering revealed a great set up, and the necessary forms have not Nazi legislation. Civil Servants who are still (letj.,^^^ to start work as soon as possible, and yet been issued. Readers are, therefore, capable of work, are entitled to claim prefer­ this i ^ ^'^°"* ^^^ °^^* Meeting are published in asked to refrain from enquiries and to wait ential re-emplojonent ; a special article for further announcements in this paper. stipulates that emigrated Civil Servants need 't'Sh '^ a new task has arisen for the AJR, and The Law itself, which consists of 55 articles, not resume work if in view of their personal helpg^P'^'^ ttiat due to the devotion of the voluntary is rather comphcated, and the smnmary of circumstances they cannot be expected to '"^Port ^^'^ newly founded club will fulfil its very its contents, as given below, cannot give a return to Germany. The Law also contains ant function within the Community. full picture of all its implications. As soon detailed regulations about pensions. Continued on page 3 Page 2 AJR INFORMATION March, 1951' AJ] IN PARLIAMENT RESTITUTION NEWS " LASTENAUSGLEICH " Mr. Harold Davies asked the Secretary of State NEGOTIATIONS WITH FOREIGN OFFICE TRADE MARK APPLICATIONS IN for Foreign Affairs (1) what exemptions from the The " Cx)uncil of Jews from Germany " was AUSTRIA capital levy under the German Tax Bill will be represented at a delegation recently received by The Austrian Temporary Trade Marks Act granted to United Nations nationals ; (2) if he will Ixjrd Henderson, Under Secretary for Foreign (Markenschutz-Ueberleitungsgesetz) of May 9, 1947, endeavour to secure preferential treatment witb Affairs. The delegation consisted of Mr. Barnett provides that trade marks registered in Austria or regard to the proposed West German capital levy Janner, M.P., Mr. A. G. Brotman, Sir Henry with the Reichspatentamt remain in force in Austria tax for Nazi victims naturalised and domiciled in d'Avigdor Goldsmid, Mr. C. Kapralik and, on only if an application has been made for their this country. behalf of the " Council of Jews from Germany," registration in the new Austrian Trade Marks Mr. Younger : I assume that the capital levy to Mr. F. Goldschmidt. A memorandum which was Register, such application to be filed within a time which my hon. Friend refers is the proposed submitted to Lord Henderson, asked inter aha for limit to be fixed by an Order of the Austrian Equalisation of Burdens Tax now under discussion binding and enforceable agreements to safeguard Ministry for Commerce and Reconstruction.

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