responsibility finder
Schleswig-Holstein

Help for people who have been harmed by unjust imprisonment

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Pension claims for former political prisoners can be based on different laws:

  • Germans and their surviving dependants who were imprisoned for political reasons in the former GDR, in the former East Berlin or in the expellee territories specified in the Federal Expellee Act and who suffered damage to their health as a result are entitled to benefits under the Prisoners' Relief Act.
  • The same applies under the Criminal Rehabilitation Act for persons and their surviving dependants who have suffered damage to their health as a result of a criminal decision contrary to the rule of law or an admission to a psychiatric institution contrary to the rule of law.
  • A person is entitled to claim under the Administrative Rehabilitation Act if they or their surviving dependants have suffered damage to their health as a result of an administrative measure taken by the GDR authorities in violation of the rule of law.

Upon application, various forms of compensation are granted for the consequences of the damage to health:

  • Persons who have been rehabilitated by the courts following an unlawful deprivation of liberty in the GDR or who are in possession of a certificate in accordance with Section 10 (4) of the Prisoners' Assistance Act receive capital compensation on application in accordance with the Criminal Rehabilitation Act (Section 17 StrRehaG).
  • Victims of imprisonment whose economic situation is particularly impaired and who have been deprived of their liberty for a total of at least six months will receive a special monthly allowance for victims of imprisonment upon application (Section 17a StrRehaG).

The allowance is granted upon application in analogous application of the provisions of the Federal Pension Act.

Unless a certificate has already been issued in accordance with Section 10 (4) of the Prisoner Assistance Act, social compensation benefits for disadvantages suffered by the person concerned as a result of deprivation of liberty or an administrative decision contrary to the rule of law are always subject to rehabilitation under criminal or administrative law. Applications for rehabilitation can be submitted to the competent courts and rehabilitation authorities in the new federal states and Berlin until December 31, 2019.


Who should I contact?
  • To the State Office for Social Services (LAsD) or
  • to the authority that made the rehabilitation decision.
Which documents are required?
  • Certificate pursuant to Section 10 (4) of the Prisoner Assistance Act or
  • Rehabilitation decision by a court with a rehabilitation chamber.
What are the fees?

None

What deadlines do I have to pay attention to?
  • None in the case of an application for care due to the health consequences of an injury.
  • The application for capital compensation pursuant to Section 17 (4) StrRehaG must be submitted by December 31, 2019.
  • The special allowance for prison victims pursuant to Section 17a StrRehaG always begins with the month following the submission of the application.
Legal basis
  • §§ Sections 1 - 5, 9a - 9c Act on Assistance Measures for Persons Detained Outside the Federal Republic of Germany for Political Reasons (Prisoner Assistance Act - HHG),
  • §§ Sections 17, 17a, 21, 22 Act on the Rehabilitation and Compensation of Victims of Criminal Prosecution Measures contrary to the Rule of Law in the Accession Area (Criminal Rehabilitation Act - StrRehaG),
  • §§ Sections 3 and 4 of the Act on the Reversal of Administrative Decisions contrary to the Rule of Law in the Accession Area and the Related Consequential Claims (Administrative Rehabilitation Act - VwRehaG),
  • Law on the provision of pensions for victims of war (Federal Pensions Act - BVG).
What else should I know?

A persecuted person who was unable to pursue a profession that they had previously practiced, started, learned or demonstrably aspired to by starting vocational training, or who was unable to pursue a profession that is socially equivalent, may be entitled to benefits under the Vocational Rehabilitation Act (BerRehaG).

Victims of imprisonment who are particularly affected by economic hardship, but who have been deprived of their liberty for less than six months in total, receive support from the Foundation for Former Political Prisoners.

Author

The text was automatically translated based on the German content.

Who should I contact?

  • To the State Office for Social Services (LAsD) or
  • to the authority that made the rehabilitation decision.

Which documents are required?

  • Certificate pursuant to Section 10 (4) of the Prisoner Assistance Act or
  • Rehabilitation decision by a court with a rehabilitation chamber.

What are the fees?

None

What deadlines do I have to pay attention to?

  • None in the case of an application for care due to the health consequences of an injury.
  • The application for capital compensation pursuant to Section 17 (4) StrRehaG must be submitted by December 31, 2019.
  • The special allowance for prison victims pursuant to Section 17a StrRehaG always begins with the month following the submission of the application.

Legal basis

  • §§ Sections 1 - 5, 9a - 9c Act on Assistance Measures for Persons Detained Outside the Federal Republic of Germany for Political Reasons (Prisoner Assistance Act - HHG),
  • §§ Sections 17, 17a, 21, 22 Act on the Rehabilitation and Compensation of Victims of Criminal Prosecution Measures contrary to the Rule of Law in the Accession Area (Criminal Rehabilitation Act - StrRehaG),
  • §§ Sections 3 and 4 of the Act on the Reversal of Administrative Decisions contrary to the Rule of Law in the Accession Area and the Related Consequential Claims (Administrative Rehabilitation Act - VwRehaG),
  • Law on the provision of pensions for victims of war (Federal Pensions Act - BVG).

What else should I know?

A persecuted person who was unable to pursue a profession that they had previously practiced, started, learned or demonstrably aspired to by starting vocational training, or who was unable to pursue a profession that is socially equivalent, may be entitled to benefits under the Vocational Rehabilitation Act (BerRehaG).

Victims of imprisonment who are particularly affected by economic hardship, but who have been deprived of their liberty for less than six months in total, receive support from the Foundation for Former Political Prisoners.

Author

The text was automatically translated based on the German content.

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