11 hours ago
EXPLAINED: The extensive new powers to be given to Berlin police
Berlin's government, a coalition of the conservative Union party (CDU) and the centre-left SPD which mirrors the make-up of the federal government, has reached agreement on amending the state's General Security and Order Act (ASOG).
Despite being broadly in agreement that police in the capital need more powers, the two parties have been arguing over the details for some time.
The amendment in its final form was worked out at a closed-door meeting in Nauen – and the results are more wide-ranging than many observers predicted.
Planned changes to the Security and Order Act
Video surveillance
Permanent video surveillance, making use of AI software, will be introduced in 'crime-ridden' areas such as Kottbusser Tor, Alexanderplatz, Görlitzer Park, and Hermannplatz.
Berlin's public transport company will also be allowed to store video recordings from surveillance cameras for 72 hours instead of the current 48 hours, with a view to giving the victims of crime more time to report to the police and make a statement.
In future, the police will also be given the right to record communications before they are encrypted via messenger services such as WhatsApp. The Berlin local government says this is necessary to combat the threat from terrorism and will only be allowed under very strict conditions.
Advertisement
'The focus here is on combating organised crime and terrorism,' said SPD interior policy spokesman Martin Matz. He stressed these powers would not be applied to ordinary citizens and petty criminals.
More protection for victims of domestic violence
In future, dangerous ex-partners with restraining orders will be required to wear ankle bracelets. Following the introduction of a similar scheme in Spain, women can request an alarm which will inform them if a violent ex-partner is approaching.
Violent offenders will also be banned from entering the shared home for 28 days instead of the current 14 to give victims more time to seek protection from the family courts.
'Final rescue shot' (
Finaler Rettungsschuss
)
The planned amendment to Berlin's ASOG would allow a "final rescue shot" even if the person posing the threat is a minor, removing a legal grey area.
The "final rescue shot" (
Finaler Rettungsschuss
) is a term used in German police law for the use of deadly force as a very last resort to save lives — typically, if a hostage or another person is in immediate mortal danger and all other options have failed. The reform aims to align Berlin's law with those of other German states and provide comprehensive legal certainty for police.
Is the amendment controversial?
Politicians from the Green party and the Left party have criticised the proposed amendment.
Niklas Schrader, a Left party spokesperson, has accused the CDU and SPD of 'losing all sense of proportion when it comes to protecting fundamental rights.' At a time when violence prevention projects are being cut, he adds, the coalition is relying on 'police and repression as a means of combating social problems.'
Advertisement
Vasili Franco of the Green party said that the amendment creates new powers and tasks that primarily simulate security, 'instead of addressing the everyday needs of the police.'
When will the new powers come into force?
Now that Berlin's CDU/SPD government has agreed on the details, securing enough votes in the Berlin parliament (
Abgeordnetenhaus
) is regarded as a formality. The vote is expected to take place in the next few months, meaning that the new police powers should come into force by the end of 2025.
