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German Officials Suspend Treason Inquiry of Bloggers, but Public Still Seethes
A demonstrator at a protest Saturday in Berlin distributed copies of an article released by the website netzpolitik.org.Credit Britta Pedersen/European Pressphoto Agency

BERLIN — Not since the reunification has Germany raised serious allegations of treason against a journalist, so it shocked many here when two leading digital rights bloggers found themselves under official investigation on that charge for publishing secret government documents.

This, after all, is the country that has elevated the former National Security Agency contractor Edward J. Snowden to hero status — and has been seething over revelations in his leaked documents about spying by the United States government on Germany and its neighbors. Given their country’s past, many here bristle at any government actions that even hint at suppressing personal freedoms or freedom of the press.

It is not surprising, then, that news of the investigation by Germany’s federal prosecutor has been met with finger pointing, demonstrations and calls for his resignation.

About 1,300 people took to Berlin’s streets in protests over the weekend, and newspaper headlines referred to the investigation as an “Attack on Freedom” and “Nothing Short of an Intimidation Campaign.” And that was after the federal prosecutor, Harald Range, said Friday that he would not proceed with the investigation until an internal review into the charges could be completed.

The controversy concerns two bloggers, Markus Beckedahl and André Meister, who work for the independent digital rights website Netzpolitik.org. Last week, they reported that they had been informed that they were the target of an investigation on suspicion of treason for publishing two separate documents on Feb. 25 and April 15.

The documents contained details of plans by the domestic intelligence service to ask for more money to expand online surveillance capabilities, and to form a special unit to monitor social media as part of efforts to combat terrorism.

The investigation began in May on suspicion of revealing state secrets, in response to the publication of the documents, shortly before Mr. Range dropped an investigation, called for by many Germans, into allegations that one of Chancellor Angela Merkel’s private cellphones had been tapped by the N.S.A.

Criticism of the investigation of the journalists was swift and harsh, even from within the government. Justice Minister Heiko Maas expressed doubts in a statement on Friday about whether “the journalists had the intention to harm Germany or benefit a foreign power through their publication” of the documents, which is the country’s definition of treason.

His remarks got the blessing of the chancellor, who, through her spokeswoman, Christiane Wirtz, directly addressed the controversy for the first time by saying Monday that he had Ms. Merkel’s “full support.”

Ms. Wirtz, speaking at a news conference, declined to comment on whether the chief prosecutor also still had the backing of the chancellor, insisting that clearing up the matter was the government’s “top priority.” She added that, given that freedom of the press was at stake, the matter required “particularly sensitive consideration.”

The opposition Greens and Left parties, as well as members of the center-left Social Democrats, who govern with Ms. Merkel’s center-right Christian Democrats, called for the prosecutor to step down.

In a statement released late Sunday, Mr. Range defended himself, saying the proceedings had been opened in response to a criminal complaint filed by the Office for the Protection of the Constitution, Germany’s domestic intelligence service. Only after further scrutiny to gauge whether the publication had violated German state secrecy did his office act, he said.

“On this basis and after critical examination, the federal prosecutor saw sufficient concrete evidence for a possibly criminal publication of a state secret,” the prosecutor’s office said.

Once the internal review is completed, the federal prosecutor must decide whether to proceed with the inquiry, which could lead to charges, or to drop it.

Hans-Georg Maassen, president of the Office for the Protection of the Constitution, has defended his decision to file the criminal complaint, calling it necessary to ensure security.

“In order to safeguard my department in the fight against extremism and terrorism, it was essential to take a stand against the publication of documents classified as ‘confidential’ or ‘top secret,’ ” Mr. Maassen told the Bild am Sonntag newspaper.

Charges of treason against journalists have been rare in Germany, but a similar case occurred in 1962 when Der Spiegel, a newsweekly, published documents from the Defense Ministry that were described as secret. The publication’s offices were raided by the police, and two editors were jailed.

A court ruled in favor of Der Spiegel, but the affair rose to the level of a government crisis, resulting in protests and costing the defense minister at the time, Franz Josef Strauss, his job. Still, the case cemented the role of freedom of the press in the young West German democracy.

Der Spiegel was also the first publication to provide evidence in 2013 that the N.S.A. had monitored the chancellor’s cellphone, starting a dispute that has strained trans-Atlantic relations and heightened German awareness of digital rights.

Read more http://rss.nytimes.com/c/34625/f/640387/s/48ae011f/sc/7/l/0L0Snytimes0N0C20A150C0A80C0A40Cworld0Ceurope0Cgermans0Ecriticize0Egovernments0Einvestigation0Eof0Ejournalists0Efor0Etreason0Bhtml0Dpartner0Frss0Gemc0Frss/story01.htm


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