Court upholds German army'sright to dismiss rightist soldier

8th July 2004, Comments 0 comments

8 July 2004 , LEIPZIG - A top German court on Thursday upheld the right of the armed forces to expel soldiers who are officials in the extreme rightist NPD party. The Federal Administrative Court in Leipzig said the Bundeswehr had this right, if it deemed that military discipline might be seriously endangered by the presence of such a soldier. The court was ruling on an appeal by a man who was a local party functionary of the National Party of Germany (NPD) in the southern state of Bavaria and who in 1998

8 July 2004

LEIPZIG - A top German court on Thursday upheld the right of the armed forces to expel soldiers who are officials in the extreme rightist NPD party.

The Federal Administrative Court in Leipzig said the Bundeswehr had this right, if it deemed that military discipline might be seriously endangered by the presence of such a soldier.

The court was ruling on an appeal by a man who was a local party functionary of the National Party of Germany (NPD) in the southern state of Bavaria and who in 1998 was dismissed after five months of military duty. His rank was that of a private.

The Leipzig federal court upheld a lower court ruling in Augsburg which had noted that in 1998 the NPD had opened itself up to violence-prone, neo-Nazi elements. In that earlier ruling, the court said the man's own testimony pointed to the party's "subliminal readiness for a violent and possibly armed revolution".

Given this testimony, the Leipzig court said that the dismissed soldier was not ready to recognise and help preserve Germany's democratic order as called for in the constitution.

In testimony to the court, the dismissed soldier's military superiors said that the man had caused no problems and had dutifully carried out all his tasks.

But he only divulged his activities for the NPD when he was legally instructed to disclose such connections.

DPA

Subject: German news

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