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Parallel justice also exists in the southwest – study by Mathias Rohe

Bild: Bayerische Akademie der Wissenschaften

On Monday, 15 July 2019, EZIRE Director Mathias Rohe presented his new study in Stuttgart – the result: cases of parallel justice also undermine the rule of law in Baden-Württemberg. Parallel justice refers to forms of conflict resolution that violate the rule of law. Although the situation is not dramatic in the southwest, there are problems here as well, Rohe summed up his study, for which he conducted interviews with other experts in the country: “The rule of law is not a self-runner that is accepted and understood by all”.

Rohe reports, for example, on the milieu of Reich citizens and self-governors who aspired to a “counter-rights order”. Or on isolated and patriarchally structured extended families in which a strong concept of honour prevails and in which social norms are more important than law. The Ministry of Justice also stated that individual refugee groups were tending to resolve conflicts outside the law. Rohe said that even Yazidi, who had been persecuted for centuries and always had to protect themselves against a majority society, had developed mechanisms that made it difficult for individual members to get out.

“There is a significant problem here for the rule of law – we cannot say how massive it is,” said Rohe. The darkfield cannot be illuminated because resources are lacking and a wall of silence is encountered. But there is a need for action. You can’t ignore the apron. “Parallel justice does not fall from the sky, but arises successively. Already with wedding corso one must intervene low-threshold. The expert recommends that the rule of law must exert pressure – and at the same time promote prevention. More resources are urgently needed, such as more places in shelters.

The study specifically recommends, among other things, rapid state reactions to criminal offences, for example through accelerated procedures. Similarly, the reference to private legal action, as can be done in the case of insults, for example, should only be made after careful examination of the individual case. In addition, assets acquired from criminal offences must be skimmed off more quickly and comprehensively.

The study, which was presented on 15 July 2019 in Stuttgart, was reported on by Süddeutsche Zeitungwelt.deSüdkurierStuttgarter NachrichtenSWR AktuellSchwarzwälder Bote, n-tv,  t-onlineswprtl.de and Pforzheimer Zeitung.