Germany: Berlin suffered a major setback in its fight against the extreme right yesterday when the country's highest court struck out its application to ban the country's leading far-right party, writes Derek Scally, in Berlin
The Constitutional Court ruled that the case against the National Democratic Party (NPD), which the government says has "Nazi characteristics", was compromised because leading party members who turned state's evidence were police informers.
Mr Otto Schily, the interior minister who led the case, was visibly furious at a press conference yesterday. He called the ruling "legally erroneous" and rejected speculation that he would resign, saying he was not prepared to "don sackcloth and ashes".
The NPD called the premature end of the case a "bittersweet moment" because it had robbed the party of a chance to "discredit the government's lies" about the party in court.
"This is a historic day for the NPD and a victory for a better Germany," said Mr Udo Voigt, the NPD party leader. "We have lived with the threat of being banned for 30 years. Now we can concentrate on building up the party once again." The government's case, backed by the two houses of parliament, was launched in the summer of 2000 after a violent series of racist, anti-foreigner attacks.
The government argued that the NPD party is a racist, anti-Semitic organisation that provides a network for extremists and poses a threat to democracy in Germany.
After two years of legal wrangling, the case was suspended last year before it came to court when it emerged that leading government witnesses, former members of the NPD, had worked as paid informants.
The NPD said that the witnesses had acted as agents provocateurs with orders to stir up racial hatred and recruit violent neo-Nazis.
Mr Schily rejected the claim, arguing again yesterday that his case would have stood up without the evidence of former NPD members.
Yesterday the seven-judge Constitutional Court in Karlsruhe said it would not continue with the case.
"The presence of the state at the leadership level of a party makes influence on its intentions and actions inevitable," said Mr Winifried Hassemer, one of the seven presiding judges in his ruling. He said that the evidence from informers had resulted in a "lack of clarity that can no longer be overcome".
Mr Schily said it was "highly unlikely" that the government would bring another case against the NPD after yesterday's defeat.
The NPD is Germany's largest extreme-right party but has a tiny support base and little political power. It has never reached the 5 per cent level of electoral support needed for parliamentary representation. Nevertheless, as a recognised political party it receives funding from the state and holds regular marches in Berlin.
