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Bruce Allen Scharlau PhD thesis - Research@StAndrews:FullText

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202<br />

policy must be to foster identification with the free democratic state,<br />

which can only occur when it is protected and defended. 23<br />

The murder of Hanns Martin Schleyer's driver and bodyguards in the<br />

course of his abduction by the Red Army Faction called for the<br />

government's allegiance to its previous policy statements about the<br />

relationship between terrorism and the liberal democratic state. The<br />

government initially viewed this as a provocation that required a hard<br />

response and a cool head. Anyone who sought to excuse or lessen the<br />

serious danger of the situation, isolated thanselves from the others who<br />

identified with the rule of law and social order of the state.24<br />

On 6 September the government decided-<br />

-in consultation with the<br />

opposition parties- -to follow three simultaneous aims as policy<br />

orientation guides. These were to free Schleyer alive, to apprehend and<br />

to try the abductors, and to maintain the state's freedom of action,<br />

which<br />

included non-release of the prisoners, and not to endanger<br />

domestic and foreign confidence in the state. Only when one of these<br />

goals forced a decision between it and another, would a decision over<br />

the prevalence of one over the other be taken. 25 These goals were not<br />

communicated to the public and the Schleyer family, who did not realise<br />

the conflict between the first and third goals. The conflict between not<br />

releasing the prisoners and the rescue of Schleyer alive would only be<br />

resolved if the authorities could locate and free him.26 Realisation of<br />

these goals was facilitated through a news embargo on the events21 (see<br />

chapter seven).<br />

These made public identification with Schleyer more<br />

difficult and eased an identification with the government because little<br />

information was available about the hostage I s condition, and more was<br />

known about the government efforts.<br />

Paragraph 34 (Justified Emergency) of the Criminal Code was used<br />

this time to justify the government IS' contact ban' on suspected and<br />

convicted terrorists to prevent them passing and receiving information<br />

about the events via their lawyers and to inhibit the release of the<br />

23 Schmidt, Bulletin 40/1977, 363, 365-6.<br />

24 Helmut Schmidt, "Erschuetterung und Empoerung ueber den<br />

Mordanschlag in Koeln und die Entfuehrung von Dr. Schleyer" Bulletin 84<br />

(7 September) 1977, 789-90.<br />

25 Press and Information Office of the Federal Government,<br />

Dokumentation zu den Ereignissen tmd Entscheidtmgen im Zusarnnenhang mit<br />

der Entfuehrung von Hanns Martin Schleyer tmd der Lufthansa Machine<br />

'Landshut' (Bonn: Presse- und Informationsamt der Bundesregierung,<br />

1977), 17-9. Hereafter referred to as Schleyer Dokurnentation.<br />

26 Thomas Wittke, Terrorismusbekaempftmg als rationale politische<br />

Entscheidtmg: Die Fallstudie Btmdesrepublik (Frankfurt a.M.: Peter Lang,<br />

1983), 216.<br />

21 II' Die Deutschen sind irrsinnig geworden' 11 Der Spiegel 36 ( 31<br />

August) 1987, 106-11, 108.

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