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E.  Counter-Terrorism Measures

[26]  The principal international body monitoring the measures taken by all States is the Counter Terrorism Committee (CTC) established by Security Council resolution 1373. The Committee's mandate is to monitor the implementation of resolution 1373 and to increase the capability of States to fight terrorism.[45] All States are obliged to report to the CTC. Germany first did so in December 2001 and, judging from the follow-up questions of the Committee, the report was carefully analysed.[46] However, the scrutiny of the CTC only extends to whether it regards the measures taken sufficient and appropriate to combat terrorism. It does not consider their conformity with human rights law. Thus, the reports provide an overview of the measures in place but are silent about their compatibility with human rights standards.

[27]  As can be seen from the Germany's report, counter-terrorism measures are wide-ranging. Security Packages I and II amended 19 different statutes and six statutory orders. In the following some of the most important measures shall be reviewed regarding their accordance with Germany's human rights obligations. The selection was made with a view to cover all different groups of affected persons. Also included are the eavesdropping law and grid search, both introduced before 9/11, firstly because of their importance and secondly to illustrate a certain continuity.

I.  Measures potentially affecting all persons present in Germany

1.  The right to privacy: surveillance and data protection in human rights instruments

[28]  The most wide-ranging measures in that they potentially affect all persons on German territory mainly concern issues of surveillance and therefore pose a problem with the right to privacy as guaranteed in art. 17 ICCPR and art. 8 ECHR. International jurisprudence left no doubt that measures of surveillance and data collection/processing fall within the scope of the right to privacy.

[29]  Art. 8 of the European...