An official inquiry has found that Germany’s justice system was staffed with former Nazis for decades after the Second World War, At one point, three out of four top officials at the prosecutor’s office were former party members.

Released on Thursday, the 600-page report was compiled by historian Friedrich Kiessling and legal scholar Christoph Safferling, and covers the Cold War period running from the early 1950s until 1974. The work was commissioned by the federal prosecutor’s office. 

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The Federal Ministry of Justice in Berlin © De-okin
Over 50% of W. Germany’s senior justice ministry officials in 1950-70s were ex-Nazis – govt report

The researchers found that, at one point during the 1950s, roughly three in four top officials in the federal prosecutor’s office had been members of the Nazi Party. It took until 1972 before former Nazis were no longer in the majority in that office, and until 1992 before the judicial system had been fully purged of ex-members of the fascist party.

“There was no break, let alone a conscious break, with the Nazi past,” the researchers said of the situation. 

Presenting the inquiry’s findings, state secretary at the justice ministry Margaretha Sudhof said the country has “long remained blind” to the presence of ex-Nazis in senior positions after the end of the Second World War.

“On the face of it they were highly competent lawyers… but that came against the backdrop of the death sentences and race laws in which they were involved,” Sudhof commented. 

In a statement about the study’s publication, Justice Minister Christine Lambrecht said she welcomed “the fact that the Federal Prosecutor’s Office is also grappling with its troubled past and is shedding more light on its own Nazi entanglements in the post-war period.”

The federal prosecutor’s office is Germany’s highest prosecutorial authority, responsible for pursuing those who violate international law and commit alleged crimes relating to state security. 

The latest study follows an earlier report published in 2016, which stated that in 1957 – more than a decade after the war had ended – 77% of senior officials in the justice ministry were former Nazis. At the time of that publication, then-Justice Minister Heiko Maas stated that the “Nazi-era lawyers went on to cover up old injustice rather than to uncover it, and thereby created new injustice.”

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The EU Commission has released draft legislation aimed at tackling the destruction of woodland by introducing import restrictions on products not certified as ‘deforestation-free’.

The draft proposal, which the commission hopes will become binding rules for all member states, seeks to limit the import of beef, cocoa, coffee, palm, soy, and wood if it is not proven “deforestation-free.”

Outlining the legislation, the EU commissioner for climate action policy, Virginijus Sinkevicius, called it a “ground-breaking” proposal that will help fight “illegal deforestation” and “deforestation driven by agricultural expansion.”

The bill comes after nations at the COP26 summit agreed to work to end deforestation by 2030. It would impose two criteria on imports, requiring items to have been produced in accordance with the origin country’s laws, and not on land that has been deforested or degraded since the start of 2021.

It is not clear when the rules would come into effect; legislative proposals by the commission have to be debated and considered by both the EU Parliament and the Council of the EU before they are passed. The implementation of measures could potentially impact the EU’s trade relations with countries like Brazil, where clearing of the Amazon rainforest hit a new record in October.

During the recent COP26 climate summit, 110 world leaders – whose countries contain around 85% of the world’s woodland – committed to ending and reversing deforestation by 2030, pledging around £14 billion ($18.84 billion) of public and private funds towards the goal.

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Poland’s procedure for appointing senior judges by the executive branch violates EU rules, the Court of Justice of the European Union (CJEU) has said.

Tuesday’s ruling by the CJEU said the situation in Poland in which the justice minister, “who is also the Public Prosecutor General,” can “second judges to higher criminal courts” and terminate them at any time “without stating reasons,” infringes on the independence of the judicial branch.

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The Polish coal-fired power plant Turow is seen from a hill near Vitkov village in the Czech Republic on June 28, 2021. © AFP / Michal Cizek
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The EU court’s opinion was requested by a regional court in Warsaw, which was worried that the appointment and termination procedure compromised the presumption of innocence in cases adjudicated by minister-seconded judges.

The CJEU found “a number of factors” that could empower the justice minister to influence judges and thus “may give rise to doubts concerning their independence.” It said appointments and terminations of a judge should be made “on the basis of criteria known in advance and must contain an appropriate statement of reasons.” Under the current procedures, the criteria are not public at all and the minister doesn’t have to explain his or her decision to withdraw the secondment.

The European court also noted that while a judge has to consent to be seconded by the minister, the termination can be done without one, which “may have effects similar to those of a disciplinary penalty.”

The minister’s role as head of the prosecution is problematic in the context of judge appointments, since it calls into question the impartiality of prosecution and trial, the CJEU said.

Lastly, there is an issue with seconded judges’ involvement in disciplinary proceedings brought against other judges. They serve as deputies to the Disciplinary Officer for Ordinary Court Judges, also appointed by the minister of justice. The arrangement could cast doubt on “the imperviousness of the other members of the adjudicating panels concerned to external factors,” the EU court said.

The combination of factors gave the CJEU reason to believe that minister-seconded judges “are not provided with the guarantees and the independence which all judges should normally enjoy” in a member-state of the EU. The minister’s power “cannot be considered compatible with the obligation to comply with the requirement of independence.”

Considering the circumstances, the court added, “the presumption of innocence may be jeopardised” in cases presided over by judges such as these in Poland.

The disputed procedure is part of a sweeping reform of the judicial system, which put the conservative Polish government at loggerheads with the EU. The opinion is the latest blow dealt to Poland in the ongoing conflict.

Last month, the CJEU imposed a €500,000 ($568,000) per day fine on Warsaw for ignoring a previous order from the court in a case regarding a mining operation. Poland called the ruling part of a “political blackmail” campaign by Brussels.

READ MORE: Poland will be punished for challenging EU law primacy, European leader warns, as Warsaw claims Brussels is devoid of democracy

The EU and Poland have long been entrenched in conflicts over domestic policies which officials in Brussels say go against the union’s rules. Warsaw, among other things, has been accused of compromising the rule of law, discriminating against the LGBT community, and curbing freedom of the press. The Polish government says the EU is attempting to encroach upon its national sovereignty.

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Apple has finally caved to users demanding the ‘right to repair’, allowing owners of iPhones, MacBooks, and other devices to tinker with their electronics at home instead of bringing them to notoriously expensive service centers.

Called Self Service Repair, the feature is set to launch “early next year” in the US before expanding to other countries. Some 200 parts are expected to be available, along with instructions on how to replace them.

Initially, the company will offer repairs for the iPhone 12 and 13, to be followed by Macs with M1 chips. Users will be able to replace the phones’ display, battery, and camera – some of the earliest parts to cease functioning – using original equipment from the company. While Apple encourages only “individual technicians with the knowledge and experience to repair electronic devices,” urging users to take their devices to a professional before cracking them open themselves, the move nevertheless represents a major step for a company that has long been resistant to allowing users to even swap out a battery.

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Apple Chief Executive Officer Tim Cook at the Apple Store on University Avenue,  Palo Alto, California, September 20, 2013.
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After rolling out repair instructions and parts for the iPhone 12 and 13, the company will gradually expand users’ abilities to fix their phones themselves without having to wait in line at the Apple Store. Users who attempt to make these repairs on their own will not void their warranty, according to TechCrunch, representing another major change for the tech giant.

Even this week, Apple was sealing off users’ ability to fix their own phones, barring users who replaced their own screens from being able to use Face ID recognition going forward. However, the various departments seem to be coordinating among themselves – users will receive a recycling credit for returning their used or broken part after completing the repair, and the company plans to sell “more than 200 individual parts and tools,” as well as repair manuals customers can peruse before attempting to repair their devices.

The decision to open up Apple’s “right to repair” might not have been entirely that of the company – the Federal Trade Commission wrote to the corporation earlier this year vowing to “address unlawful repair restrictions,” adding it would also “stand ready to work with legislators, either at the state or federal level, in order to ensure that consumers have choices when they need to repair products that they purchase and own.”

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Hospitals in the Netherlands have begun delaying certain operations to free-up ICU beds during a record wave of Covid-19 infections, while an infectious diseases researcher has warned of an impending ‘Code Black’ in the sector.

The country set a daily national record for new Covid infections on Thursday, registering around 23,600 cases. It was the third day in a row of the figure topping 20,000.

To make more staff available for Covid wards, a number of operations, including those for cancer and heart patients, are being canceled from this week on, Dutch healthcare officials have said. Fewer than 200 beds remained available in Dutch ICUs as of Thursday, while Friday figures show almost half (47.8%) of occupied ICU beds were being used by Covid patients.

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FILE PHOTO. A woman wearing a protective mask walks past a store in Amsterdam, Netherlands.
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“These are cancer patients that should actually be operated-on within six weeks of diagnosis, and that won’t be met in all cases. It’s also heart patients,” said a spokesperson for the National Coordination Center for Patient Distribution (LCPS).

Meanwhile, new calculations by an infectious disease modeller at Wageningen University & Research suggest that a so-called ‘Code Black’ in hospitals is looming. The emergency designation means that patient safety is at risk and, if declared, would mean many people with life-threatening illnesses cannot go to the ICU, while doctors have to prioritize who to treat.

According to recent estimates from the Dutch Healthcare Authority (NZa), up to 200,000 operations were not performed as a result of urgently needed Covid care since the start of the pandemic. On Thursday, the NZa revealed that almost a quarter of operating rooms across the country are not currently in use due to a combination of Covid patient pressures and rising staff absences due to illness.

It is not yet clear what impact the delayed care will have on public health. In December 2020, the Dutch National Institute for Public Health and the Environment (RIVM) calculated that an estimated 34,000 to 50,000 ‘healthy life years’ had been lost due to the first Covid-19 wave alone.

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This piece by General Joseph Votel (Ret.) and Lt. Gen. Michael K. Nagata (Ret.) and was first published by our friends at the Middle East Institute.


Lt. Gen. (ret.) Michael K. Nagata is a distinguished senior fellow on national security at MEI. He retired from the U.S. Army in 2019 after 38 years of active duty, with 34 years in US Special Operations. His final position was director of strategy for the National Counterterrorism Center from 2016 to 2019.

Gen. (ret.) Joseph L. Votel is a distinguished senior fellow on national security at MEI. He retired as a four-star general in the U.S. Army after a nearly 40-year career, during which he held a variety of commands in positions of leadership, including most recently as commander of CENTCOM from March 2016 to March 2019. 


OPINION – The United States and Pakistan have had a complex and often disappointing “love-hate” relationship since 1947 — one severely tested during the 20-year U.S.-led intervention in Afghanistan. We believe the time has come for serious policy consideration of whether and how both nations can achieve a more strategically beneficial and sustainable post-intervention relationship between the American and Pakistani governments and their populations.

As we consider a new policy, the U.S. military withdrawal from Afghanistan after two decades of leading the international coalition is almost complete. Early indications are that Afghanistan is increasingly likely to descend into significant instability and possibly serious fracture, which will have unwelcome consequences for the Afghan people and all of Afghanistan’s neighbors. It is already clear that international terrorist groups like al-Qaeda and Islamic State-Khorasan Province will continue to enjoy and probably grow their safe havens.

Whatever U.S. strategic concerns may be about the future of Afghanistan, the course and direction of Pakistan’s strategic choices in coming years will also matter to the United States. There are a variety of reasons for this.

First, Pakistan is a nuclear weapon state. Decades of investments in nuclear weapons by Pakistan and India, compounded by unrelenting and mutual historical, religious, cultural, and political antagonism between them, make this one of the world’s most dangerous flashpoints.

Second, all of the countries Pakistan borders are consequential for the U.S. Pakistan also has significant religious, cultural, and economic ties to other Muslim states such as Turkey and Saudi Arabia. In an era of “great power competition,” while Pakistan may not be one of the principal players, its network of relationships can be of strategic benefit to any of the great powers now involved, including the U.S. and China.

Third, despite its significant political and economic difficulties, Pakistan has a growing technology sector. Its youthful population and worldwide diaspora of Pakistani doctors, scientists, academics, and other professionals have become an increasingly important part of the global community.


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As long-time veterans of South Asia, both of us understand the sources of “weariness and wariness” that U.S. policymakers, in both Democratic and Republican administrations, often associate with strategic discussions of Pakistan. We have both seen the U.S. government’s reluctance toward undertaking any kind of strategic interaction or rapprochement with Pakistan because of previous disappointments or perceived betrayals. Understanding the enormous complexities of Pakistan’s relationships, influence, and strategic choices in the South Asia milieu can be intellectually challenging and draining.

Yet, we have both concluded that the only thing harder than establishing a functional and mutually beneficial relationship with Pakistan is living without one. Given unstable borders, a nuclear standoff with India, the continued presence of terrorist organizations, and the high potential for all of this to further disrupt our interests, there is no better alternative.

Among those areas that we believe worth exploring with the Pakistanis are these:

First, the possibility of planning, along with other like-minded international actors (both state and non-state), to manage the consequences of significant political instability and human suffering emerging from Afghanistan, including the possibility of substantial refugee flight into Pakistan. Indeed, the Pakistanis have long and miserable memories of the surge of Afghan refugees after the Kabul government collapsed in the 1990s and have consistently expressed deep concerns about a possible repeat resulting from the U.S. withdrawal now nearing its completion.

Second, the possibility of counterterrorism cooperation against any terrorist threat that emerges from Afghanistan and prevents it from sowing further instability across the region. We do not consider it likely that Pakistan will allow any positioning of U.S. intelligence or counterterrorism elements within its borders. Still, there may be other ways (e.g., working groups, forums, or exchanges) to foster better cooperation if a threat emerges from Afghanistan that is of concern to our mutual interests.

Third, the possibility of enlisting Pakistan cooperation, and that of India, toward some type of partial de-escalation of tensions along their common border and, with it, even a slight amelioration of the nuclear weapons threat. It is instructive to recall that, before 9/11, Pakistani President Pervez Musharraf and Indian Prime Minister Atal Bihari Vajpayee initiated a dialogue about the de-escalation of tensions that included the highly emotional issue of Kashmir. However, talks broke down without significant agreement. While we recognize this is an extraordinarily complex and fraught issue for the U.S. to embrace, given all of its other strategic challenges, the specter of a potential nuclear conflict in South Asia should at a minimum prompt us to ask ourselves, “why not at least try?” Indeed, U.S. antagonists such as China would probably take a dim view of such efforts, and we believe that might be a reason for doing so rather than a reason to flinch from it.


Go beyond the headlines with expert perspectives on today’s news with The Cipher Brief’s Daily Open-Source Podcast.  Listen here or wherever you listen to podcasts.


We have long heard U.S. policy and operational practitioners cite phrases such as “never underestimate the Pakistanis’ ability to disappoint us.” But, unfortunately, most American policymakers do not understand how often we have heard the Pakistanis say the same thing about Americans. Thus, both sides have longstanding “neuralgias” about the other. As we end our Afghan campaign, now is the time to move beyond our neuralgias and carefully weigh the strategic costs of whether trying to somehow partner with Pakistan is more, or less, than the cost of failing to do so. We believe, in the long run, it is likely to be less costly.

The views expressed in this piece are those of the authors.

Read more expert-driven national security insights, perspective and analysis in The Cipher Brief

The post OPINION: The Future of US Cooperation with Pakistan appeared first on The Cipher Brief.

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Just three days after restrictions were announced for unvaccinated Austrians, a provincial governor is pressing for a nationwide lockdown of all residents as Covid-19 infections continue to hit record highs.

“If no national lockdown is ordered tomorrow, there will definitely have to be a lockdown of several weeks in Upper Austria, together with our neighboring province Salzburg as of next week,” Upper Austria Governor Thomas Stelzer told lawmakers on Thursday.

That will mean at least two of Austria’s nine provinces will be in full lockdown mode just days after the nation created a two-tier society by locking down approximately two million unvaccinated Austrians.

“We must raise the vaccination rate. It is shamefully low,” Chancellor Alexander Schallenberg said on Sunday, announcing that unvaccinated residents would only be allowed to leave their homes for “essential” purposes, such as to buy groceries or go to a doctor’s office.

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FILE PHOTO: Health care workers exchange a fast PCR test sample in a mobile laboratory truck, amid the coronavirus disease (COVID-19) outbreak, in Soelden, Austria, October 15, 2020. REUTERS/Leonhard Foeger
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Police are now doing random checks for proof of vaccination on Austrian streets. Those unvaccinated residents who are found to be in violation of the lockdown order face steep fines of up to €500. Those who refuse to go through a vaccination status check will have to pay about three times as much.

Stelzer and other Austrian governors are scheduled to meet with Schallenberg and Health Minister Wolfgang Mueckstein on Friday, when a full lockdown will likely be considered.

New Covid-19 cases in the country passed the 15,000 mark for the first time on Thursday, far surpassing 2020’s daily high of 9,586, set when no vaccines were available. Upper Austria and Salzburg have been hit the hardest, putting hospitals at risk of bed shortages. With some 66% of its population fully vaccinated, Austria lags behind other Western European countries in terms of the Covid-19 vaccination rate.

While Austria is the first to impose a lockdown on the unvaccinated, other EU countries – including Slovakia, the Czech Republic and Greece – have imposed increasingly tight restrictions on people who haven’t accepted a Covid vaccine.

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An Argentinian woman has become the second-ever HIV-infected person whose immune system helped defeat the virus without requiring additional medical treatment. She was first diagnosed with the AIDS-causing infection in 2013.

Scientists have dubbed the 30-year-old mother the “Esperanza patient,” after her hometown. The word ‘esperanza’ translates to ‘hope’ in English. Publishing their findings in the Annals of Internal Medicine journal on Monday, the researchers said the discovery boosts hope for a “sterilizing cure” for the estimated 38 million people with the life-long infection.

“I enjoy being healthy,” the Esperanza patient told NBC News over email. “I have a healthy family. I don’t have to medicate, and I live as though nothing has happened. This already is a privilege.”

The study found no intact remnants of the virus in the 1.5 billion blood and tissue cells the researchers analyzed – confirming the discovery first announced in March at an international meeting of HIV experts.

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© Belova59 from Pixabay
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No additional information about the woman has been made public, but she was described at the time as “athletic and beautiful” and revealed to have an HIV-negative boyfriend and newborn baby.

Only one other person, identified in August 2020 as 67-year-old Loreen Willenberg from San Francisco, has been confirmed to have overcome the virus without medical intervention. The two women have been labeled ‘elite controllers’, referring to a rare subset of HIV patients who show no signs of the infection despite not undergoing antiretroviral treatments.

Typically, an HIV-infected person requires constant drug therapy to prevent the virus from attaching to their immune cells’ DNA and replicating. But, in the eight years since she was diagnosed, the Esperanza patient only received medication for six months during pregnancy to ensure her baby would be healthy.

In all, there have been four patients cured of HIV, two of whom – the ‘Berlin patient’ Timothy Ray Brown and the ‘London patient’ Adam Castillejo – were also cancer patients who received risky bone marrow transplants from donors with HIV-resistant genes. However, the success of their procedures is yet to be replicated.

“This is really the miracle of the human immune system that did it,” Dr. Xu Yu, an immunologist at the Ragon Institute in Boston, who co-authored the study, told NBC.

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Vaccination of all Hungarian citizens against Covid-19 is inevitable, PM Viktor Orban has said, stating that even the most hardline anti-vaxxers will ultimately face a choice between dying with the virus and getting a jab.

Speaking to Kossuth radio on Friday, the Hungarian leader lashed out at those reluctant to get vaccinated against coronavirus, branding them a threat “not only to themselves but to all others.”

In the end, everyone will have to be vaccinated; even the anti-vaxxers will realize that they will either get vaccinated or die. So, I urge everyone to take this opportunity.

The EU member state is currently experiencing its fourth wave of coronavirus, Orban stated, blaming the situation on those who had not got vaccinated. “If everybody were inoculated, there would be no fourth wave or it would be just a small one,” the PM claimed.

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FILE PHOTO. ESSEN, GERMANY. © AFP / Ina FASSBENDER
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Apart from urging the unvaccinated to go and finally get their jabs, Orban also promoted booster shots, revealing that he had already taken three doses of a coronavirus vaccine.

“The only thing that protects us from the virus is vaccination. And we are now also seeing, at least the experts are unanimous in saying, that four to six months after the second vaccination, the protective power of the vaccine weakens. Therefore, a third vaccination is justified,” he said.

Hungary has already announced new anti-Covid measures, though somewhat short of the strict measures proposed by the nation’s Medical Chamber on Wednesday. The medical body called for a blanket ban on mass events, and suggested making entry to restaurants, theaters and other indoor venues conditional on bearing a Covid-19 inoculation certificate. Instead, Budapest rolled out compulsory mask wearing for most indoor environments, as well as making booster shots mandatory for all medical workers, starting from Saturday.

A nation of 10 million, Hungary’s total tally of logged Covid cases is hovering just below the one million mark. On Friday, it registered a new daily record, with nearly 11,300 new Covid infections. More than 32,700 people in Hungary have succumbed to the disease over the course of the pandemic.

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