compensation for national socialist injustice indemnification … · compensation for national...
TRANSCRIPT
F e d e r a l M i n i s t r y
Compensation for National Socialist InjusticeIndemnification Provisions
CompensationforNationalSocialistInjusticeIndemnificationProvisions
August2011
CompensationforNationalSocialistinjusticeIndemnificationProvisions Page3
Contents
I Legislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements Page 5
11 Beginningsofcompensationunderoccupationlaw Page 5
12 Restitution Page 5
13 Compensationregulationsintheoccupationzones Page 6
14 SettlementConventionandLuxembourgAgreement Page 6
15 AdditionalFederalCompensationAct(1953)and
FederalCompensationAct(1956) Page 7
16 ImplementingRegulationstotheFederalCompensationAct Page 7
17 FinalFederalCompensationAct(1965) Page 7
18 GeneralActRegulatingCompensationforWarshy inducedLosses Page 8
19 PaymentsintheformerGDRandnewLaumlnder Page 8
110 FirstcomprehensiveagreementswithEuropeanstates Page 9
111 USComprehensiveAgreement Page 9
112 ArrangementswithEasternEuropeanstates Page 9
113 CentralandEasternEuropeanFund(JCC) Page 10
114 Compensationforforcedlabourersandothervictims
TheFoundationforRemembranceResponsibilityandtheFuture Page 11
115 WashingtonConferenceonHolocaustshy EraAssets Page 13
II Extrashy legalprovisionsbasedontheFederalCompensationAct Page 15
21 CompensationsettlementforJewishvictims Page 15
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJews
undertheNationalSocialistregime Page 18
23 Compensationsettlementfornonshy Jewishvictims Page 20
24 Compensationsettlementsforvictimsofpseudoshy medicalexperiments Page 21
III LegislationforthenewLaumlnder Page 23
31 CompensationPensionAct Page 23
32 Extrashy legalregulationsbasedontheCompensationPensionAct Page 24
33 PropertylawregulationsintheterritoryoftheformerGDR Page 25
IV RegulationsonthebasisoftheGeneralActRegulating
CompensationforWarshy inducedLosses Page 27
41 GeneralActRegulatingCompensationforWarshy inducedLosses
of5November1957 Page 27
42 DirectivesonhardshipcompensationundertheGeneralAct
RegulatingCompensationforWarshy inducedLosses Page 28
43 PaymentstovictimsoftheNationalSocialistmilitaryjudiciary Page 33
44 Furtherinformation Page 33
V Paymentinrecognitionofworkotherthanforcedlabour
performedinaghetto Page 34
Annexes1ndash8(statisticsandsupplementaryinformation) Page 36
CompensationforNationalSocialistinjustice Page5
ILegislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements
11 Beginningsofcompenshysationunderoccupationlaw
It was clear even directly after the end ofthe Second World War that legislationgoverning compensation for the wrongscommitted by the National SocialistregimewasrequiredParticularlyaffectedwerethosewhohadsufferedNationalSoshycialist oppressive measures due to theirpolitical opposition to National Socialismoronthegroundsofracereligionorideshyology Legislation for these persons wastherefore drawn up at an early stage bythe occupying powers the municipalitiesand since their establishment the Laumlnder(federalstates)
12 Restitution
In 1947 and 1949 the three Western powshyers passed restitution acts for their occushypation zones and West Berlin governingrestitutionofandcompensationforpropshyerty unjustly confiscated between 1933and1945forreasonsofracialreligiousorpoliticalpersecutionFollowingtheestabshylishment of the Federal Republic of Gershymany restitution claims against the Gershyman Reich and other German entities inshyvolved in such confiscation were govshyerned by the Federal Act for the Settleshyment of the Monetary Restitution Liabilishyties of the German Reich and Legal EntishytiesofEqualLegalStatus(FederalRestitushytion Act) of 19 July 1957 (Federal LawGazette I p 734) The restitution processwasconcludedalongtimeagoTheapplishycation deadlines have passed and the adshyministrative procedures have ceased tooperate
Following German unification theprovisions from the restitution acts wereadopted for the new federal states in theAct on the Settlement of Open PropertyMatters (which entered into force toshygether with the Unification Treaty) andthe Federal Act for the Compensation ofthe Victims of National Socialist Persecushytion (Article 3 of the Compensation andCorrectivePaymentsAct)
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistInjusticeIndemnificationProvisions
August2011
CompensationforNationalSocialistinjusticeIndemnificationProvisions Page3
Contents
I Legislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements Page 5
11 Beginningsofcompensationunderoccupationlaw Page 5
12 Restitution Page 5
13 Compensationregulationsintheoccupationzones Page 6
14 SettlementConventionandLuxembourgAgreement Page 6
15 AdditionalFederalCompensationAct(1953)and
FederalCompensationAct(1956) Page 7
16 ImplementingRegulationstotheFederalCompensationAct Page 7
17 FinalFederalCompensationAct(1965) Page 7
18 GeneralActRegulatingCompensationforWarshy inducedLosses Page 8
19 PaymentsintheformerGDRandnewLaumlnder Page 8
110 FirstcomprehensiveagreementswithEuropeanstates Page 9
111 USComprehensiveAgreement Page 9
112 ArrangementswithEasternEuropeanstates Page 9
113 CentralandEasternEuropeanFund(JCC) Page 10
114 Compensationforforcedlabourersandothervictims
TheFoundationforRemembranceResponsibilityandtheFuture Page 11
115 WashingtonConferenceonHolocaustshy EraAssets Page 13
II Extrashy legalprovisionsbasedontheFederalCompensationAct Page 15
21 CompensationsettlementforJewishvictims Page 15
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJews
undertheNationalSocialistregime Page 18
23 Compensationsettlementfornonshy Jewishvictims Page 20
24 Compensationsettlementsforvictimsofpseudoshy medicalexperiments Page 21
III LegislationforthenewLaumlnder Page 23
31 CompensationPensionAct Page 23
32 Extrashy legalregulationsbasedontheCompensationPensionAct Page 24
33 PropertylawregulationsintheterritoryoftheformerGDR Page 25
IV RegulationsonthebasisoftheGeneralActRegulating
CompensationforWarshy inducedLosses Page 27
41 GeneralActRegulatingCompensationforWarshy inducedLosses
of5November1957 Page 27
42 DirectivesonhardshipcompensationundertheGeneralAct
RegulatingCompensationforWarshy inducedLosses Page 28
43 PaymentstovictimsoftheNationalSocialistmilitaryjudiciary Page 33
44 Furtherinformation Page 33
V Paymentinrecognitionofworkotherthanforcedlabour
performedinaghetto Page 34
Annexes1ndash8(statisticsandsupplementaryinformation) Page 36
CompensationforNationalSocialistinjustice Page5
ILegislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements
11 Beginningsofcompenshysationunderoccupationlaw
It was clear even directly after the end ofthe Second World War that legislationgoverning compensation for the wrongscommitted by the National SocialistregimewasrequiredParticularlyaffectedwerethosewhohadsufferedNationalSoshycialist oppressive measures due to theirpolitical opposition to National Socialismoronthegroundsofracereligionorideshyology Legislation for these persons wastherefore drawn up at an early stage bythe occupying powers the municipalitiesand since their establishment the Laumlnder(federalstates)
12 Restitution
In 1947 and 1949 the three Western powshyers passed restitution acts for their occushypation zones and West Berlin governingrestitutionofandcompensationforpropshyerty unjustly confiscated between 1933and1945forreasonsofracialreligiousorpoliticalpersecutionFollowingtheestabshylishment of the Federal Republic of Gershymany restitution claims against the Gershyman Reich and other German entities inshyvolved in such confiscation were govshyerned by the Federal Act for the Settleshyment of the Monetary Restitution Liabilishyties of the German Reich and Legal EntishytiesofEqualLegalStatus(FederalRestitushytion Act) of 19 July 1957 (Federal LawGazette I p 734) The restitution processwasconcludedalongtimeagoTheapplishycation deadlines have passed and the adshyministrative procedures have ceased tooperate
Following German unification theprovisions from the restitution acts wereadopted for the new federal states in theAct on the Settlement of Open PropertyMatters (which entered into force toshygether with the Unification Treaty) andthe Federal Act for the Compensation ofthe Victims of National Socialist Persecushytion (Article 3 of the Compensation andCorrectivePaymentsAct)
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjusticeIndemnificationProvisions Page3
Contents
I Legislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements Page 5
11 Beginningsofcompensationunderoccupationlaw Page 5
12 Restitution Page 5
13 Compensationregulationsintheoccupationzones Page 6
14 SettlementConventionandLuxembourgAgreement Page 6
15 AdditionalFederalCompensationAct(1953)and
FederalCompensationAct(1956) Page 7
16 ImplementingRegulationstotheFederalCompensationAct Page 7
17 FinalFederalCompensationAct(1965) Page 7
18 GeneralActRegulatingCompensationforWarshy inducedLosses Page 8
19 PaymentsintheformerGDRandnewLaumlnder Page 8
110 FirstcomprehensiveagreementswithEuropeanstates Page 9
111 USComprehensiveAgreement Page 9
112 ArrangementswithEasternEuropeanstates Page 9
113 CentralandEasternEuropeanFund(JCC) Page 10
114 Compensationforforcedlabourersandothervictims
TheFoundationforRemembranceResponsibilityandtheFuture Page 11
115 WashingtonConferenceonHolocaustshy EraAssets Page 13
II Extrashy legalprovisionsbasedontheFederalCompensationAct Page 15
21 CompensationsettlementforJewishvictims Page 15
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJews
undertheNationalSocialistregime Page 18
23 Compensationsettlementfornonshy Jewishvictims Page 20
24 Compensationsettlementsforvictimsofpseudoshy medicalexperiments Page 21
III LegislationforthenewLaumlnder Page 23
31 CompensationPensionAct Page 23
32 Extrashy legalregulationsbasedontheCompensationPensionAct Page 24
33 PropertylawregulationsintheterritoryoftheformerGDR Page 25
IV RegulationsonthebasisoftheGeneralActRegulating
CompensationforWarshy inducedLosses Page 27
41 GeneralActRegulatingCompensationforWarshy inducedLosses
of5November1957 Page 27
42 DirectivesonhardshipcompensationundertheGeneralAct
RegulatingCompensationforWarshy inducedLosses Page 28
43 PaymentstovictimsoftheNationalSocialistmilitaryjudiciary Page 33
44 Furtherinformation Page 33
V Paymentinrecognitionofworkotherthanforcedlabour
performedinaghetto Page 34
Annexes1ndash8(statisticsandsupplementaryinformation) Page 36
CompensationforNationalSocialistinjustice Page5
ILegislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements
11 Beginningsofcompenshysationunderoccupationlaw
It was clear even directly after the end ofthe Second World War that legislationgoverning compensation for the wrongscommitted by the National SocialistregimewasrequiredParticularlyaffectedwerethosewhohadsufferedNationalSoshycialist oppressive measures due to theirpolitical opposition to National Socialismoronthegroundsofracereligionorideshyology Legislation for these persons wastherefore drawn up at an early stage bythe occupying powers the municipalitiesand since their establishment the Laumlnder(federalstates)
12 Restitution
In 1947 and 1949 the three Western powshyers passed restitution acts for their occushypation zones and West Berlin governingrestitutionofandcompensationforpropshyerty unjustly confiscated between 1933and1945forreasonsofracialreligiousorpoliticalpersecutionFollowingtheestabshylishment of the Federal Republic of Gershymany restitution claims against the Gershyman Reich and other German entities inshyvolved in such confiscation were govshyerned by the Federal Act for the Settleshyment of the Monetary Restitution Liabilishyties of the German Reich and Legal EntishytiesofEqualLegalStatus(FederalRestitushytion Act) of 19 July 1957 (Federal LawGazette I p 734) The restitution processwasconcludedalongtimeagoTheapplishycation deadlines have passed and the adshyministrative procedures have ceased tooperate
Following German unification theprovisions from the restitution acts wereadopted for the new federal states in theAct on the Settlement of Open PropertyMatters (which entered into force toshygether with the Unification Treaty) andthe Federal Act for the Compensation ofthe Victims of National Socialist Persecushytion (Article 3 of the Compensation andCorrectivePaymentsAct)
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
III LegislationforthenewLaumlnder Page 23
31 CompensationPensionAct Page 23
32 Extrashy legalregulationsbasedontheCompensationPensionAct Page 24
33 PropertylawregulationsintheterritoryoftheformerGDR Page 25
IV RegulationsonthebasisoftheGeneralActRegulating
CompensationforWarshy inducedLosses Page 27
41 GeneralActRegulatingCompensationforWarshy inducedLosses
of5November1957 Page 27
42 DirectivesonhardshipcompensationundertheGeneralAct
RegulatingCompensationforWarshy inducedLosses Page 28
43 PaymentstovictimsoftheNationalSocialistmilitaryjudiciary Page 33
44 Furtherinformation Page 33
V Paymentinrecognitionofworkotherthanforcedlabour
performedinaghetto Page 34
Annexes1ndash8(statisticsandsupplementaryinformation) Page 36
CompensationforNationalSocialistinjustice Page5
ILegislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements
11 Beginningsofcompenshysationunderoccupationlaw
It was clear even directly after the end ofthe Second World War that legislationgoverning compensation for the wrongscommitted by the National SocialistregimewasrequiredParticularlyaffectedwerethosewhohadsufferedNationalSoshycialist oppressive measures due to theirpolitical opposition to National Socialismoronthegroundsofracereligionorideshyology Legislation for these persons wastherefore drawn up at an early stage bythe occupying powers the municipalitiesand since their establishment the Laumlnder(federalstates)
12 Restitution
In 1947 and 1949 the three Western powshyers passed restitution acts for their occushypation zones and West Berlin governingrestitutionofandcompensationforpropshyerty unjustly confiscated between 1933and1945forreasonsofracialreligiousorpoliticalpersecutionFollowingtheestabshylishment of the Federal Republic of Gershymany restitution claims against the Gershyman Reich and other German entities inshyvolved in such confiscation were govshyerned by the Federal Act for the Settleshyment of the Monetary Restitution Liabilishyties of the German Reich and Legal EntishytiesofEqualLegalStatus(FederalRestitushytion Act) of 19 July 1957 (Federal LawGazette I p 734) The restitution processwasconcludedalongtimeagoTheapplishycation deadlines have passed and the adshyministrative procedures have ceased tooperate
Following German unification theprovisions from the restitution acts wereadopted for the new federal states in theAct on the Settlement of Open PropertyMatters (which entered into force toshygether with the Unification Treaty) andthe Federal Act for the Compensation ofthe Victims of National Socialist Persecushytion (Article 3 of the Compensation andCorrectivePaymentsAct)
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page5
ILegislationconcerningcompensationandtheconsequencesofwar
andinternationalagreements
11 Beginningsofcompenshysationunderoccupationlaw
It was clear even directly after the end ofthe Second World War that legislationgoverning compensation for the wrongscommitted by the National SocialistregimewasrequiredParticularlyaffectedwerethosewhohadsufferedNationalSoshycialist oppressive measures due to theirpolitical opposition to National Socialismoronthegroundsofracereligionorideshyology Legislation for these persons wastherefore drawn up at an early stage bythe occupying powers the municipalitiesand since their establishment the Laumlnder(federalstates)
12 Restitution
In 1947 and 1949 the three Western powshyers passed restitution acts for their occushypation zones and West Berlin governingrestitutionofandcompensationforpropshyerty unjustly confiscated between 1933and1945forreasonsofracialreligiousorpoliticalpersecutionFollowingtheestabshylishment of the Federal Republic of Gershymany restitution claims against the Gershyman Reich and other German entities inshyvolved in such confiscation were govshyerned by the Federal Act for the Settleshyment of the Monetary Restitution Liabilishyties of the German Reich and Legal EntishytiesofEqualLegalStatus(FederalRestitushytion Act) of 19 July 1957 (Federal LawGazette I p 734) The restitution processwasconcludedalongtimeagoTheapplishycation deadlines have passed and the adshyministrative procedures have ceased tooperate
Following German unification theprovisions from the restitution acts wereadopted for the new federal states in theAct on the Settlement of Open PropertyMatters (which entered into force toshygether with the Unification Treaty) andthe Federal Act for the Compensation ofthe Victims of National Socialist Persecushytion (Article 3 of the Compensation andCorrectivePaymentsAct)
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page6 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
13 Compensationregulashytionsintheoccupationzones
As far as compensation law governingpersonalinjurycasesanddamagetopropshyerty not covered by restitution is conshycerned Land laws were adopted in theAmerican occupation zone as early as1946 They provided for provisional payshymentsforhealthcarevocationaltrainingeconomic assistance or remedies for disshytress situations and pensions for victimsand their dependants On 26 April 1949theActontheTreatmentofVictimsofNashytional Socialist Persecution in the Area ofSocial Security was adopted by the Southshyern German Laumlnder Council for all zonesThis was promulgated by Land laws inBavaria Bremen Badenshy WuumlrttembergandHesseinAugust1949InlinewithArshyticle125oftheBasicLawtheseLandlawsbecame federal law after the establishshyment of the Federal Republic of Germanyand entry into force of the Basic Law IntheLaumlnderoftheBritishandFrenchoccushypation zones and West Berlin correshysponding laws were enacted which withthe exception of Laumlnder in the British ocshycupation zone governed the same typesofdamageastheActontheTreatmentofVictims of National Socialist PersecutionintheAreaofSocialSecurity
14SettlementConventionandLuxembourgAgreement
Just as the Laumlnder and municipalities haddone prior to its establishment the Fedshyeral Republic of Germany continued totreat the moral and financial compensashytionforthewrongscommittedbytheNashytionalSocialistregimeasaprioritytaskItcommitted to this in the Settlement Conshyvention concluded in 1952 with the threeWestern occupying powers (Federal LawGazette II 1954 p 57 181 194) and in theLuxembourgAgreement(withtheStateofIsrael)andintheFirstProtocoltotheLuxshyembourg Agreement (with the JewishClaims Conference ndash JCC) of 1952 (FederalLaw Gazette II 1953 p 35) AccordinglyGermany was endeavouring togetherwith all parties concerned above all thevictimsrsquo organizations to draw up comshypensationregulationswhichwereascomshyprehensive as the financial framework alshylowed and administratively workablewithinasuitableperiodoftimeThisconshyfronted the legislature administrationand judiciary with entirely new tasks forwhich they had no models or experienceto draw on Despite these difficulties legshyislation was drawn up embracing almostalldamagesorinjuriescausedbyNationalSocialist injusticeThevictimsofNationalSocialism could thus be helped at least inmaterial terms All the legislation offerscomparable levels of compensation deshypendingonthereasonforandscaleofinshyjury
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page7
15 AdditionalFederalCompensationAct(1953)andFederalCompensationAct(1956)
The first compensation act covering theentireFederationwastheAdditionalFedshyeral Compensation Act which wasadopted on 18 September 1953 (FederalLaw Gazette I p 1387) and entered intoforceon1October1953AlthoughthiswasmuchmorethananadditiontotheActonthe Treatment of the Victims of NationalSocialist Persecution in the Area of SocialSecurity and in particular created legalequality and security on federal territoryitsprovisionsalsoprovedinadequateFolshylowingverydetailedandcarefulpreparashytion the Federal Compensation Act (FedshyeralLawGazetteIp562)wasadoptedon29 June 1956 and entered into force withretroactive effect from 1 October 1953ThisActfundamentallychangedcompenshysation for the victims of National Socialshyism and introduced a number of amendshyments improving their situation At theoutset the Federal Compensation Actonly provided for applications to be subshymitteduntil1April1958
16ImplementingRegulashytionstotheFederalCompensationAct
SixImplementingRegulationstotheFedshyeral Compensation Act have been issuedof which the first three have been regushylarly amended to adapt the ongoing payshyments (pensions) to increasing livingcosts
The Fourth Implementing Regulationgoverns the reimbursement of costs forthe involvement of insurance companiesin resolving claims for compensation forinsurancelosses
The Fifth Implementing Regulationdetermines which pension schemes weredissolved by National Socialist oppressivemeasures
In the Sixth Implementing Regulation(concentration camp directory) the Gershyman Government established whichprison camps were to be considered conshycentration camps as part of the provisioninSection31(2)oftheFederalCompensashytion Act governing the assumed loss ofearningpower
17FinalFederalCompensationAct(1965)
In applying the Federal CompensationActfurtherneedforamendmentbecameclear There was an awareness that thenewpieceoflegislationwouldnotbeableto take account of all the demands ofthose eligible for compensation and thatgiven the high number of settled casesthesecouldnotbereshy openedTheamendshymentwasthustoconstitutethefinalpieceoflegislationinthisfieldAfterfouryearsof intense negotiations in the competentcommitteesoftheGermanBundestagandBundesrat the Final Federal Compensashytion Act was adopted on 14 September1965 (Federal Law Gazette I p 1315) itsvery name emphasizing that it was to bethelast
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page8 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Final Federal Compensation Act conshysiderably extended the deadline (origishynally1April1958cfI5)asfollows
gtAnnullingthedeadlineincasesofclaimsforimmediateassistanceandformitigationofhardship(Section189(1)oftheFederalCompensationAct)
gtRestoringtotheoriginallegalposishytioninthecaseoffailuretosubmitapshyplicationspriortothedeadlinethroughnofaultoftheapplicant(Secshytion189(3)oftheFederalCompensashytionAct)
gtDeadlineforsubsequentregistrationofclaimsextendedto31December1965(Section189a(1)oftheFederalCompensationAct)
gtSubsequentregistrationoffactsthathadcometolightafter31December1964withinoneyear(Section189a(2)oftheFederalCompensationAct)
NeverthelessArticleVIII(1)oftheFinalFederal Compensation Act provides thatevenincasesoftheoriginallegalpositionbeing restored no claims can be made afshyter the period of time after which a rightcannolongerbeexercisedthatisafter31December1969meaningclaimsforcomshypensation payments pursuant to the Fedshyeral Compensation Act can no longer besubmitted
However payments for damage tohealthcanbeadaptedaspartoftheproceshyduregoverningcasesofafurtherworsenshyingofthedisablement
Furthermore initial decisions can berevised through secondary procedures ifthey have been proven wrong accordingtothecurrentinterpretationofthelaw
Thecompensationandrestitutionactswere complemented by laws on compenshysation for members of the public serviceand in the sphere of insurance and penshysionlaw
18 GeneralActRegulatingCompensationforWarshyinducedLosses
Thelegislatorreservedthepaymentsproshyvided for in the compensation laws forthose who had been the victim of typicalNationalSocialistinjusticemeaningthosepersecutedforreasonsofracereligionorpoliticsForotherinjusticeleadingtolossof life damage to limb or health and deshyprivation of liberty compensation isgranted pursuant to the General Act Regshyulating Compensation for Warshy inducedLosses of 5 November 1957 (Federal LawGazette I p1747) Pursuant to Section 5 ofthis Act in conjunction with the generallegal provisions pensions and oneshy timecompensationpaymentscouldandcanbepaidinexceptionalcaseseventoday
19PaymentsintheformerGDRandnewLaumlnder
IntheformerSovietoccupationzoneandsubsequentGermanDemocraticRepublic(GDR)therewerepaymentsforvictimsoffascism but these were mainly paid tothose viewed favourably by the systemGeneral regulations on compensation forNationalSocialistinjusticeapplyingtotheentire area of the new Laumlnder could onlybeagreedfollowingreunification(seeIII1below)TheActontheSettlementofOpenProperty Matters entered into force withthe Unification Treaty It provides wherepossible for the restitution of assets conshyfiscatedbetween1933and1945duetoNashytionalSocialistpersecutionandfrom1949bytheGDR
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page9
If restitution is not possible those whosuffered injustice up to 1945 receive comshypensation pursuant to the Federal Act forthe Compensation of the Victims of Nashytional Socialist Persecution of 27 Septemshyber1994UScitizensalternativelyhadthepossibility of partaking in the propertylaw procedures in Germany to receivecompensation based on the AgreementConcerning the Settlement of CertainProperty Claims of 13 May 1992 with theUnitedStates(see33)
110FirstcomprehensiveagreementswithEuroshypeanstates
From 1959 to 1964 comprehensive agreeshyments were concluded with Austria Belshygium Britain Denmark France GreeceItaly Luxembourg the Netherlands NorshywaySwedenandSwitzerlandforthebenshyefit of nationals of these countries whohad suffered National Socialist persecushytionOnthebasisoftheseagreementstheFederal Republic of Germany made availshyableatotalofEUR49646million(DM971million) It fell to the governments of thecountries concerned to distribute this fishynancing amongst the victims The comshyprehensive agreements have now beenclosed (see Annex 7 for data on the indishyvidualagreements)
111 USComprehensiveAgreement
In1995aGermanshy AmericanComprehenshysiveAgreementonCompensationforVicshytimsofNationalSocialismwasconcludedItprovidesforcompensationpaymentsofEUR 15 million (DM 3 million) for US citishyzenswhosufferedparticularhardshipasaresult of National Socialist persecutionwho until then had been excluded fromcompensation and support payments ontechnical grounds In the final SuppleshymentaryAgreementof25January1999tothe Comprehensive Agreement on ComshypensationwiththeUnitedStatesofAmershyica an additional lump sum payment ofEUR 176 million (DM 345 million) wasagreed upon by the Government of theFederalRepublicofGermanyandtheGovshyernment of the United States of AmericaThe German Government sees this as asign of goodwill and humanity The USGovernment committed to make payshyments to all the American victims of Nashytional Socialism in question from theagreedcomprehensivesum
112 ArrangementswithEasternEuropeanstates
Following the process of German unificashytionandtheendingoftheEastshy Westconshyflict the German Government concludedarrangements on compensation for Nashytional Socialist injustice with Poland andthree successor states of the Soviet Union(the Republic of Belarus the Russian FedshyerationandUkraine)
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page10 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
The Federal Republic of Germany andtheRepublicofPoland agreedin1991toestablish the Foundation for Germanshy Polshyish Reconciliation in Poland which wassubject to Polish law and financed with aoneshy time contribution of EUR 25564 milshylion (DM 500 million) These funds wereforpersonswhohadsufferedseriousdamshyage to health during the Second WorldWar due to National Socialist injusticeandweresubsequentlyinadifficultfinanshycialsituation
Foundations for Understanding andReconciliation were established inMoscow Minsk and Kiev in 1993 for thesamepurposeGermanydonatedatotalofEUR 051 billion (DM 1 billion) for thesefoundations They in turn gave the assurshyance of making payments to National SoshycialistvictimsinotherstatesoftheformerSovietUnion
More than 15000 persons eligible forcompensationintheBalticstates(EstoniaLatvia and Lithuania) received paymentson the accepted scale from the funds ofthefoundationsinMoscowandMinskBeshycause some of those eligible from theBaltic states refused to apply to the founshydations in Moscow and Minsk additionalinfrastructure assistance of EUR 102 milshylion(DM2million)wasgrantedtothegovshyernment of each Baltic state Social instishytutions especially for the victims havebeensupportedusingthesefunds
Compensation payments were alsomadetotheotherEasternandSouthshy EastshyernEuropeanstatesoftheformerEasternbloc
For Czech victims of National Socialshyism compensation was granted by theGermanshy CzechFutureFundinaccordancewith the Germanshy Czech declaration of21January1997GermanymadeEUR7158million(DM140million)availableforthisFund
In order to carry out similar measuresin the other Central and Eastern Euroshypean countries (Albania Bosnia Bulshygaria Yugoslavia Croatia MacedoniaRomania Slovakia Slovenia and Hunshygary) the 1998 German budget earshymarkedEUR4090million(DM80million)to be made available from 1998 to 2000Various national institutions usually thenational Red Cross assumed responsibilshyity for carrying out such measures in theremaining Central and Eastern Europeanstates
113CentralandEasternEuropeanFund(JCC)
Given the particular suffering of Jewishvictims in Central and Eastern Europeanstates the Jewish Claims Conference esshytablished a Fund to finance additionalmeasures for Jewish victims who had sufshyferedparticularhardshipThefundmakesmonthly payments of EUR 260 to victimsofNationalSocialismwhoareresidentsofEastern European countries The condishytions set out in the Article 2 AgreementapplyTheGermanGovernmentpaidconshytributions of around EUR 3568 million tothe Fund for the years 1999 to 2010 andwill contribute further to enable Fundpaymentstocontinue
Applications for payments from theCentralandEasternEuropeanFundaretobesubmittedto
ClaimsConferenceCEEFPOBox29733TelAviv61297Israel
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page11
114CompensationforforcedlabourersandothervictimsofNationalSocialismTheFoundationforRemembranceResponsibilityandtheFuture
The Foundation for Remembrance Reshysponsibility and the Future was estabshylished by the Act on the Creation of aFoundation for Remembrance Responsishybility and the Future of 2 August 2000(Federal Law Gazette I p 1263) andequipped with EUR 516 billion (DM 101billion) to provide compensation in parshyticular to former forced labourers Thesemonies were made available by the Fedshyeral Republic of Germany and Germancompanies
The main purpose of the Foundationwas to make financial compensationavailable to affected persons throughpartner organizations The individualpartner organizations were responsibleforacceptingandexaminingclaims
Anapplicationdeadlinendashof31Decemshyber2001ndashhadtobeintroducedtoensurethat payments to those eligible are madewithout delay an extension ndash until 31 Deshycember 2002 ndash was granted whereclaimants failed to meet this deadlinethroughnofaultoftheirown
The Foundationrsquos resources for payshyments to forced labourers and other vicshytimsofNationalSocialismhavenowbeenfullydisbursedMorethan17millionpeoshyple 166 million of whom were formerforcedlabourersreceivedpayment
This brought an end to the individualpaymentsasof31December2006asproshyvided for in the Act itself New applicashytionsmaynolongerbefiled
Of the Foundationrsquos capital EUR 437billionwasdisbursedforpaymentstoforshymer forced labourers Under the Act thefollowingwereentitledtoapply
gtPersonswhoweredetainedinaconshycentrationcampasdefinedinSection42(2)oftheFederalCompensationActordetainedundercomparablecondishytionsinsomeotherprisoncampoutshysidethepresentshy dayterritoryoftheRepublicofAustriaorinaghettoandwhoweresubjectedtoforcedlabour(Section11(1)(1))
gtPersonswhoweredeportedfromtheirnativecountrytotheterritoryoftheGermanReichwithinitsbordersof1937ortoaregionoccupiedbytheGermanReichandweresubjectedtoforcedlabourinanindustrialorcomshymercialenterpriseorinthepublicsecshytorandweredetainedundercondishytionsotherthanthosenamedaboveorweresubjectedtoprisonshy likecondishytionsorcomparableexceptionallyhardlivingconditionsThisdoesnotapplytopersonswhoareabletoreshyceivepaymentsfromtheAustrianrecshyonciliationfundforforcedlabourpershyformedmainlyinthepresentshy dayterrishytoryoftheRepublicofAustria(Section11(1)(2))
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page12 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
InadditiontheActcontainedacatchshyallclausewhichallowedthepartnerorgashynizations charged with implementationto provide assistance to other victims ofNational Socialist injustice in particulartoforcedlabourersinagriculture
Forcedlabourasaprisonerofwarwasnot a cause of entitlement The only exshyception to this was for prisoners of warwho were detained in a concentrationcamp
The Act also provided for payments tocompensate for other personal injurysuffered in connection with National Soshycialist injustice first and foremost in thecourse of medical experiments or in thecase of death or serious injury to thehealthofachildkeptinahomeforforcedlabourersrsquochildren(Section11(1)fifthsenshytence)
The Act also allowed for payments topersonswhointhecourseofracialperseshycution suffered property damage as deshyfined in the restitution laws significantlyand directly caused by German compashynies and who because they did not meetthe residence requirements under theFederal Compensation Act were unableto receive any payment (Section 11 (1) (3))The Act further envisaged a separate proshycedure for compensating other damageto property in connection with NationalSocialistinjusticeTheInternationalOrgashynizationforMigration(IOM)wasresponsishyble for compensating property damagewhile insurance claims arising fromracial persecution fell under the jurisdicshytion of the International Commission onHolocaust Era Insurance Claims (ICHEIC)The ceiling for damage to property wasEUR053billion(DM105billion)
FollowingtheendofthepaymentstheFoundation for Remembrance ResponsishybilityandtheFuturenowworkssolelyasabenevolentfoundationasprovidedintheAct on the Creation of a Foundation forRemembranceResponsibilityandtheFushyture The Foundationrsquos partner organisashytionshavecompletedandconcludedtheirduties in providing compensation toforced labourers In individual cases theFoundation is able to answer questionsaboutitsformerpartnerorganisations
Thefoundationrsquosaddressis
StiftungbdquoErinnerungVerantwortungundZukunftldquo(FoundationforRememshybranceResponsibilityandtheFuture)Lindenstrasse20ndash2510969BerlinGermany
Tel+49(0)302592970Fax+49(0)3025929711Emailinfostiftungshy evzde
More information is available on theinternet at wwwbundesfinanzminisshyteriumde(inGerman)oratwwwstiftungshyevzdeeng
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page13
115WashingtonConferenceonHolocaustshy EraAssets
Despite the aforementioned materialcompensation that had already beengrantedtheFederalRepublicofGermanyagain declared its readiness on the basisoftheprinciplesadoptedattheWashingshyton Conference on Holocaustshy Era Assetson 3 December 1998 to continue its efshyfortstoclarifytheprovenanceofworksofart confiscated under National Socialismin so far as the legal and factual possibilishyties allow Moreover it pledged to takethe steps necessary to reach an equitableand fair solution when such works of artare identified To implement the Washshyington principles the German GovernshymenttheLaumlnderandthenationalassocishyations of local authorities made a jointstatement in December 1999 on the tracshying and return of art confiscated duringNationalSocialismespeciallyfromJewishpropertyInthejointstatementtheFedershyationtheLaumlnderandthenationalassocishyations of local authorities committed inthe spirit of the Washington Declarationto bring their influence to bear in the reshysponsible bodies of the relevant statutoryinstitutionssothatworksofartthathavebeen identified as property confiscatedunder National Socialism and can be atshytributed to specific claimants are reshyturned after careful examination of theindividual case to the legitimate formerownersortheirheirsThisexaminationinshycludes a match with material compensashytion already provided Such a procedureallows for the identification of the legitishymate owners and the avoidance of duplishycatecompensation
Themanualontheimplementationofthejoint statement published in February2001andrevisedinNovember2007offersthe institutions keeping cultural assets(museumsetc)practicalguidanceforthetracing and identification of works of artconfiscated by the National Socialists andfor the preparation of decisions on theirpossiblereturn
The results of the research carried outby the institutions in question are forshywardedtothe
KoordinierungsstellefuumlrKulturgutverluste(KK)(CoordinationOfficeoftheLaumlnderfortheReturnofCulturalTreasures)Turmschanzenstraszlige3239114MagdeburgGermany
The Coordination Office website can befoundatwwwLostArtde
Itaimstomaketheresearchresultsacshycessible to the public and give potentialownersfurtherinformation
One of the most important sources offindings for provenance research onworks of art confiscated by the NationalSocialistsarethefilescompiledfortheimshyplementation of the Federal RestitutionActwhichareheldbytheFederalOfficeofCentral Services and Unresolved PropertyIssues (BADV) Inquiries can thus be sentto
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)ReferatB1DGZshy Ring1213086BerlinGermany
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page14 Legislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
Researchonindividualobjectscanalsobe conducted at this Office as it has colshylatedallthepiecesofartcontainedintherestitutionarchiveinadatabase
PiecesofartthatcameintothepossesshysionoftheGermanReichduringNationalSocialism and were transferred to the asshysetsoftheFederalMinistryofFinance(afshyter the Second World War) are listed onthe above website (wwwLostArtde) unshydertherubricldquoRestbestandCCPrdquo
A further resource for searchingonline is httpwwwdhmdedatenshybanklinzdb a database of artworks colshylected for a planned ldquoFuumlhrermuseumrdquo inLinz
The BADV is responsible for the worksof art inventoried at the CCP (central colshylecting point) and the investigation oftheir provenance The latest findings ofthese investigations are available to thepublicat
wwwbadvbundde003_menue_linkse0_ovd0_provenienzb0_dokumenshytationen
As a result of the implementation ofthe Washington principles and the jointdeclarationbytheFederationLaumlnderandnational associations of local authoritiesandtheresearchcarriedoutanumberofpaintingsbywellshy knownartistshavebeenreturned from public ownership to theirlegitimate owners or their heirs over thelasttwelveyears
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page15
IIExtrashy legalprovisionsbasedontheFederalCompensationAct
21CompensationsettleshymentforJewishvictims
The Federal Government Directives onPayments to Persecuted Jews to CompenshysateforIndividualHardshipsof3October1980 (Federal Gazette No 192 of 14 Octoshyber1980)containprovisionsforJewishvicshytims of National Socialism who sufferedsevere damage to their health which areimplemented by the Jewish Claims Conshyference Under these directives oneshy timepayments of up to EUR 255646 may begranted The directives which tie in withthe relevant Federal Compensation Actprovisions define those eligible for assisshytance They state that all those subjectedto National Socialist oppressive measuresdue to their political opposition to NashytionalSocialismoronthegroundsofracereligion or ideology (Sections 1 and 2 ofthe Federal Compensation Act) are entishytled to compensation This clear definishytion of the term ldquovictim of persecutionrdquoon which there have been numerous rulshyingsbycompensationcourtsprovidestheJewishClaimsConferencewithclearcriteshyriawhenexaminingwhoshouldbeclassishyfied as a victim Assistance is contingentupon considerable damage to healthcaused by National Socialist oppressivemeasuresasdefinedinSections1and2oftheFederalCompensationAct
The directives mentioned above insoshyfar as they deal with the prerequisites forand the amount of payments have beenpartoftheArticle2Agreementsince1992The Article 2 Agreement derives from Arshyticle 2 of the Agreement of 18 September1990 on the Unification Treaty betweenthe Federal Republic of Germany and theformer GDR The Federal Governmentconcluded this Agreement with the Jewshyish Claims Conference in October 1992 Itgoes beyond the aboveshy mentioned direcshytives and provides for ongoing paymentstovictimsoftheNationalSocialistregime
The resources made available to theJewish Claims Conference by the FederalMinistry of Finance can in principle beusedforthefollowingpurposes
a)Oneshy timeassistance(ldquoHardshipFundrdquo)
Inkeepingwiththedirectivesof1980outshylinedabovetheJewishClaimsConferencemay grant oneshy time assistance of up toEUR255646
Payments from the Hardship Fund arelimitedtoJewishvictimsoftheNaziswhomeetthefollowingeligibilitycriteria
The applicant suffered considerabledamage to health (50 reduction inearning capacity due to persecution or80reductioninearningcapacityingenshyeral)
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page16 Extra-legalprovisionsbasedontheFederalCompensationAct
In the case of victims of persecutionaged 60 and over (for women) or 65 andover (for men) considerable damage tohealthisassumedtoexistTheseindividushyals are not required to substantiate thedamagetotheirhealth
To receive oneshy time assistance fromtheHardshipFundthepersonconcernedmust have undergone one of the followshying
gtDeprivationoflibertyforlessthanoneyear
gtFlightfromtheNaziregimegtldquoLimitationoflibertyrdquoasdefinedin
theFederalCompensationActgtTimespentinLeningradatanypointbetweenSeptember1941andJanuary1944orflightfromLeningradduringthatperiod
Victims of National Socialism whowere citizens of the same western Euroshypeancountryatthetimeoftheirpersecushytion and when the comprehensive agreeshyment between the Federal Republic ofGermany and that country was signed(westernpersecutees)cannotreceiveoneshytime assistance from the fund Applicantswho were citizens of the following counshytries at the time of their persecution andin the year listed in each case are classedas western persecutees Austria (only nashytionality prior to 13 March 1938 is of releshyvance here) Belgium (1960) Denmark(1959) France (1960) Greece (1960) Italy(1961) Luxembourg (1959) Netherlands(1960) Norway (1959) Sweden (1964)Switzerland (1961) United Kingdom(1964)
WithinthescopeoftheHardshipFundapplicationscanalsobetakenintoconsidshyerationfromindividualswhowerenotyetborn at the time of the persecution butsufferedinthewombfromtheirpregnantmotherrsquospersecution
Preclusion
Persons who have already received comshypensation currently receive a monthlypension under the Federal CompensationAct the Article 2 Fund or the Central andEastern European Fund (CEEF) or a penshysion from the Israeli Ministry of Financeunder the Israeli Nazi Persecution Disshyabled Persons Law 5717shy 1957 cannot reshyceive oneshy time assistance from the Hardshyship Fund In addition persons who reshyceivedapaymentundertheFederalComshypensation Act or from a comprehensiveagreement are also precluded from reshyceiving a payment from the HardshipFund
Victims of Nazi persecution who curshyrently reside in former communist bloccountries of Eastern Europe are not eligishyblefortheHardshipFund
b)Ongoingassistance(ldquoArticle2Fundrdquo)
OngoingmonthlyassistanceamountingtoEUR300maybegrantedtovictimswho
gtWereimprisonedforatleastsixmonthsinaconcentrationcamp1asdefinedbytheFederalCompensationAct
[The version of this brochure available onshyline includes the list of prison camps recogshynised under the scope of the Article 2 Agreeshyment with the Jewish Claims Conference (JCC)]
orgtSuffered18monthsimprisonmentinaghettoorgtLivedinhidingindegradingcondishytionsforatleast18monthsorgtLivedunderafalseidentityforatleast18months
1ThetermconcentrationcampwithinthemeaningoftheArticle2Agreementreferstoallconcentrationcampsandplacesofdetentionsimilartoconcentrationcamps
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page17
Theoneshy timeandongoingassistanceisintendedtocompensateforhardshipsforwhichthereisnolegalredress
In addition to the aboveshy mentionedcriteria relating to the duration of perseshycutiontheeligibilitycriteriaoftheArticle2 Fund include the following geographishycalandfinanciallimitations
gtTheapplicantdoesnotcurrentlyreshysideinanyoftheformercommunistshybloccountriesofEasternEuropeandtheformerSovietUnionCurrentresishydentsofthosecountriesshouldapplytotheCentralandEasternEuropeanFund(CEEF)and
gtTheannualnetincomeofthepershysonentitledmaynotexceedthelocalcurrencyequivalentofUS$16000afshytertaxes(TheincomelimitisslightlydifferentforapplicantsresidingpershymanentlyintheFederalRepublicofGermany)InformationaboutthereleshyvantincomelimitsforresidentsofGershymanyandotherEuropeancountriesisavailablefromtheClaimsConferenceofficeinGermanyTherelevantinshycomelimitforresidentsofIsraelcanbefoundontheClaimsConferenceHeshybrewwebsite
Since1October2007thefollowingcrishyteria have been applied in assessingwhethertheincomelimithasbeenmet
Only the income of the applicant (nothis or her spouse) is taken into accountWhen determining whether the incomelimithasbeenmetthefollowingtypesofpensions are not considered to be inshycome (ie they do not count towards theUS$16000limit)
gtOldagepensions(includinggovernshymentpensionssocialsecuritypayshymentsoccupationalpensionsorprishyvateretirementplans)andor
gtPensionspaidonaccountofreducedearningcapacityanoccupationalaccishydentoccupationalillnessordeathorcomparablebenefits
In addition to the aboveshy mentionedcriteriatheeligibilitycriteriafortheArtishycle2Fundalsoincludethefollowinglimishytations for victims of National Socialismfrom Western European countries (westshyernpersecutees)
Previously persons who were citizensof certain Western European countries atthe time of their persecution and at thetime of the conclusion of the comprehenshysiveagreementbetweenGermanyandtherelevant country were excluded from reshyceivingpaymentsfromtheArticle2Fund
As a result of negotiations conductedin February 2003 June 2008 March 2010and April 2011 persons who were previshyously excluded from receiving a paymentfrom the Article 2 Fund on the groundsthattheywerecitizensofcertainWesternEuropean countries at the time of theirpersecutionandatthetimeoftheconclushysion of the comprehensive agreement beshytween the relevant country and the Fedshyeral Republic of Germany (for exact datessee above) may now be able to receive apaymentfromtheArticle2Fund
Applicationsforcompensationcanbesubmittedtothefollowingoffices
gt For persons domiciled or havingtheir permanent place of residence inEurope
ClaimsConferenceHardshipFundArt2FundSophienstrasse4460487FrankfurtamMainGermany
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page18 Extra-legalprovisionsbasedontheFederalCompensationAct
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceinIsrael
ClaimsConferenceHardshipFundArt2FundHarsquoarbaaStreet81stFloor64739TelAvivIsrael
gtForpersonsdomiciledorhavingtheirpermanentplaceofresidenceoutsideEuropeandIsrael
ClaimsConferenceHardshipFundArt2Fund1359BroadwayRoom2000NewYorkNY10018USA
c)Supportforinstitutions
There is a great need for home nursingandmedicalcarefortheelderlysurvivorsof the Holocaust which has increasedconsiderablyoverthepastyearsTheJewshyish Claims Conference is therefore proshyvided with resources under the Agreeshyment for use in supporting institutionsthathelpJewishvictimsofNationalSocialshyismwhorequiresuchcare
22 FundforthosenotoftheJewishfaithwhowerepersecutedasJewsundertheNashytionalSocialistregime
a)Generalremarks
TheNationalSocialistspersecutedJewsonracial rather than religious grounds andtherefore also persecuted those personswhodidnotbelongtotheJewishcommushynity but were regarded as Jews under theNational Socialist race theory At theHague negotiations with Israel and theJewishClaimsConferencein1952theGershyman Government originally intended tomake a fund of EUR 25564 million (DM500million)availabletothisorganizationto support needy Jews outside Israel AstheJewishClaimsConferenceonlyfeltreshysponsible for representing and caring forpractising Jews it received EUR 230 milshylion (DM 450 million) under the SecondProtocol to the Agreement between theFederal Republic of Germany and theState of Israel of 10 September 1952 (FedshyeralLawGazette1953IIp94ff)ACabinetdecision of 15 July 1952 provided that theremaining initial sum of EUR 2556 milshylion (DM 50 million) was to be earmarkedfor a fund for persons not of the Jewishfaith who were persecuted as Jews Thefund was to be administered by the GershymanGovernment
This Fund for those not of the Jewishfaith who were persecuted on racialgroundswasinitiallyadministeredonbeshyhalf of the Government by Land NorthRhineshy Westphalia (Cologne RegionalCommissioner)butintheautumnof1964responsibility was transferred to the Fedshyeral Ministry of Finance which issued the
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page19
currentDirectivesonthedisbursementofresourcesforindividualwelfaremeasuresfrom the Fund for those not of the Jewishfaith who were persecuted on racialgrounds as well as the Directives on thedisbursement of resources for global welshyfare measures from the same Fund asamended on 15 September 1966 (FederalGazetteNo178of22September1966)
Payments from the Fund for those notof the Jewish faith who were persecutedonracialgroundsmaybegrantedtoindishyviduals who were persecuted because oftheir Jewish origins as defined by theNuremberg Laws or were adversely afshyfected by the persecution as a near relashytiveFurthermoretheymustnothavebeshylongedorstillbelongtotheJewishcomshymunity either at the time of the persecushytion or of the decision on their claim forcompensation This is a necessary delimishytation from the responsibility of the JewshyishClaimsConferenceforpractisingJewsMoreover potential beneficiaries of theFundforthosenotoftheJewishfaithwhowere persecuted on racial grounds inshyclude the spouses of Jewish victims whothemselves did not fall under the NuremshybergLawsbutwerepersecutedduetotheJewishoriginsoftheirspousesorwereadshyverselyaffectedbythispersecution
b)Payments
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracial grounds may be granted either inthe form of oneshy time or ongoing assisshytance Not only the gravity and impact ofthepersecutionbutalsothefinancialandpersonal circumstances of the applicantas well as of any relatives legally obligedto provide support must be taken intoconsiderationTheleveloftheongoingasshysistance is determined by guideline figshy
ures which are regularly adjusted in linewith general economic developmentsOneshy time assistance is generally grantedtocoverthecostoflivingorspecificallytocover costs incurred by illness which arenotcoveredbyothermeansorfortheacshyquisition of household articles or clothshying
c)Integrationassistance
ThedirectivesoftheFundforthosenotofthe Jewish faith who were persecuted onracial grounds also provide for oneshy timeassistance or loans to consolidate the fishynancial situation to purchase a dwellingaswellastoundergovocationaltrainingHowever under the current circumshystances and given the advanced age ofthose eligible for payments these provishysionsarenolongerrelevant
d)LegalnatureoftheFund
Payments from the Fund for those not ofthe Jewish faith who were persecuted onracialgroundsaregrantedwithoutbeingactionableatlawonthebasisofadecisiontaken after a due assessment of the cirshycumstancesTheyarehighlypersonalizedand therefore not heritable or distrainshyable Incidentally this also applies to allother extrashy legal provisions Applicationsfor assistance may still be submitted irreshyspective of the legal deadline (31 Decemshyber 1969 under Article VIII of the FinalFederalCompensationAct)
AstheFundforthosenotoftheJewishfaith who were persecuted on racialgrounds is a specialshy purpose fund as deshyfined by Section 171 of the Federal Comshypensation Act those persecuted as Jewscan neither receive compensation underSection 171 of the Federal CompensationAct nor under any other provisions but
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page20 Extra-legalprovisionsbasedontheFederalCompensationAct
rather exclusively under the directives ofthe Fund for those not of the Jewish faithwho were persecuted on racial groundsIn order to ensure equal treatment ofthosenotoftheJewishfaithwhowerepershysecutedasJewsandvictimswhofallunderthe compensation arrangement underSection 171 of the Federal CompensationAct the prerequisites for approval conshytainedintheFunddirectiveswereharmoshynized as far as possible with the uniformLaumlnder compensation directives relatingto Section 171 of the Federal CompensashytionAct
e)Grantstoinstitutions
UnderthedirectivesoftheFundforthosenot of the Jewish faith who were perseshycuted on racial grounds grants can beprovided from this fund to organizationsresponsible for old peoples or otherhomes if they make a longshy term commitshyment to provide a certain requisite numshyberofplacesinthehomestothoseeligibleforpayments
Compensation applications for indishyvidualsmaybesubmittedto
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnex1
23 Compensationsettleshymentfornonshy Jewishvictims
The German Government made relevantprovisionsfornonshy JewishvictimsinitsDishyrectives on Payments to Persecuted NonshyJews to Compensate for Individual Hardshyships within the Context of Restitution of26August1981(FederalGazetteNo160of29August1981)
Underthesedirectivesnonshy Jewishvicshytimswhosuffereddamagetotheirhealthas a result of National Socialist injusticebutcouldnotreceiveanylegalcompensashytion payments on technical grounds canbe granted oneshy time assistance of up toEUR255646
This settlement too is based on theconcept that only those applicants subshyjected to National Socialist oppressivemeasuresduetotheirpoliticaloppositiontoNationalSocialismoronthegroundsofracereligionorideology(Sections1and2oftheFederalCompensationAct)areentishytledtoassistance
FurthermoreviaSection8ofthedirecshytives of 26 August 1981 the German Govshyernment provided for the granting of onshygoing assistance on top of the aforemenshytionedoneshy timeassistanceinspecialcases(soshy called Compensation Reserve Fund)This option was extended in 1988 by anamendment to Section 8 (notification inthe Federal Gazette No 55 of 19 March1988)
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page21
Thefollowingconstituteaspecialcase
gtImprisonmentinaconcentrationcampasdefinedbytheFederalComshypensationActforatleastninemonths
gtDeprivationoffreedomincertainprisoncampsorlifeincampshy likeconshyditionsforatleast18months
gtLifeinhidingindegradingorparticularlydifficultconditionsfor30monthsifthisledtopermanentdamagetohealthandadisabilityof50
In addition assistance can also begrantedifjustifiedbyexceptionalcircumshystances in individual cases In particularthe form and severity of the persecutionaswellastheintensityanddurationofitsimpactaretakenintoconsideration
In contrast to the aboveshy mentionedoneshy time assistance assistance from theCompensation Reserve Fund can only begrantedtothosewithGermannationalityortothosewhogaineditbefore1January1999 or if he or she is not a German citishyzen to those of German origin as definedbytheFederalExpelleesAct
Decisionsonclaimsaremadeinaccorshydancewiththeseguidelinesby
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
ForstatisticscfAnnexes2and3
In the case of all hardship settlementsmentioned above proof of economichardship is no longer required for oneshytimeassistance
24 Compensationsettleshymentsforvictimsofpseudoshy medicalexperiments
Persons who suffered damage to theirhealth due to the pseudoshy medical experishyments carried out in several National Soshycialist concentration camps were entitledto compensation for the damage causedtobodyorhealthInitiallytheywereeligishyble under Land legislation and subseshyquently under the Additional FederalCompensationActof1953supersededbythe Federal Compensation Act of 1956 aswellastofundsfromthespecialfundunshyderArticleVoftheFinalFederalCompenshysationActof1965
Victims of human experiments whowere not harmed on one of the persecushytion grounds named in Section 1 of theFederalCompensationAct(politicalopposhysition race religion ideology) or who donot fulfil the legal requirements as reshygards their domicile or the qualifyingdateorwhodidnotobservethedeadlineforthesubmissionofapplicationsarenoteligibleforcompensation
The Cabinet decision of 26 July 1951which stipulated that victims of pseudoshymedical experiments can be granted aoneshy time payment of EUR 1278229 (DM25000)incasesofparticularhardshipapshypliestothesepersons
Due to its strictly subsidiary characteras confirmed by rulings by the highestcourtthisdecisiondoesnotapplytoanyshyone who has already received compensashytionfromanothersourceregardlessofforwhatdamageorwhatamountorwhohasreceived compensation under a compreshyhensive agreement between the FederalRepublicofGermanyandanumberofEushyropeanstates
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page22 Extra-legalprovisionsbasedontheFederalCompensationAct
Such comprehensive agreements wereconcluded with the countries listed in I(no10onwards)
Due to the particular cruelty of thepseudoshy medicalexperimentstheCabinetdecisionof1951whoseareaofapplicationwas originally limited to certain territoshyries was extended by a subsequent decishysion of 22 June 1960 to include assistancefor those victims of human experimentswho live in states with which the FederalRepublic of Germany did not have diploshymatic relations at that time (PolandCzechoslovakiaYugoslaviaHungaryandRomania) Applications by nationals ofthese states were examined individuallyonbehalfoftheGermanGovernmentbyaneutral commission of the InternationalCommittee of the Red Cross (ICRC) inGeneva established for this purpose andcompensation was granted from thefundsmadeavailablebytheGermanGovshyernment
In an effort to provide compensationfor the victims of experiments as quicklyas possible the German Government inagreement with the ICRC concludedcomprehensive agreements with Yushygoslavia Czechoslovakia Hungary andPoland which benefited those who hadnot yet received compensation but couldexpectadecisionintheirfavourTheGershymansidehasmetitsobligationsinfull
ForstatisticscfAnnex4
Despite the aboveshy mentioned provishysions an allocation of EUR 2556 million(DM50million)forotherpersonalinjurieswas established during the internationalnegotiations on the Foundation for Reshymembrance Responsibility and the Fushyture (cf I no 14) The funds are intendedin particular for victims of pseudoshy medshyicalexperimentsEarlierpaymentsarenotdeducted
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page23
IIILegislationforthenewLaumlnder
31 CompensationPensionAct
The Act on Compensation for Victims ofNational Socialism in the Regions Accedshying to the Federal Republic of 22 April1992(FederalLawGazetteIp906)wasenshyacted in order to regulate compensationfor eligible persons in the new Laumlnder Itenteredintoforceon1May1992
Article 1 of this Act contains the Comshypensation Pension Act which newly regushylatesthepaymentofhonoraryanddepenshydantsrsquopensionsforvictimsofNationalSoshycialism from the former GDR from thedateofitsentryintoforce
This legislation was necessary becausethelegalbasisforhonorarypensionspaidout in the former GDR to fighters againstfascism and for the victims of fascism aswellastheirdependantslargelyceasedtoexiston31December1991TheUnificationTreaty provided that the legislation validintheformerGDRforfightersagainstfasshycismandforthevictimsoffascismaswellastheirdependantsof20September1976would only remain in force until 31 Deshycember 1991 However it was stipulatedthat the honorary pensions at that timeand the resulting payments for depenshydantsweretocontinue
Aswellasestablishingthatpaymentofthe honorary pensions in existence on30 April 1992 be continued in the form ofcompensation pensions of a differentamount the Compensation Pension Actalso grants those victims of National Soshycialism who were refused an honorarypension by the then competent GDRagency on unconstitutional grounds or ndashfollowinganinitialapprovalndashwhosepenshysion was subsequently withdrawn a rightto submit a new application ResponsibilshyityforimplementingthisActlieswiththe
Bundesversicherungsamt(FederalInsuranceOffice)GeschaumlftsstellederKommissionzumVersorgungsruhensshy undEntschaumldigungsrentengesetzReferatI6Friedrichshy Ebertshy Allee3853113BonnGermany
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page24 LegislationforthenewLaumlnder
32 Extrashy legalregulationsbasedontheCompenshysationPensionAct
Likewise as of 1 May 1992 supplementaryGerman Government directives based onSection 8 of the Compensation PensionAct(FederalGazetteNo95of21May1992p4185)enteredintoforceforpersonswhoare victims as defined by Section 1 of theFederalCompensationActbutarenotenshytitled to a compensation pension underthisActandwereorareunabletoreceivepaymentsunderothercompensationregshyulationsduetotheirhavingtheirplaceofresidence in the former GDR Those wholefttheformerGDRafter30June1969andwereresidentinfederalterritoryon2Ocshytober 1990 are also entitled to submit anapplication
Under Section 8 of the CompensationPensionActtheprerequisiteforapensionunder these supplementary directiveswhich are implemented by the FederalMinistry of Finance is among otherthingsthatthevictim
gtWasimprisonedforatleastsixyearsinaconcentrationcampasdefinedbytheFederalCompensationActor
gtSpentatleast12monthsincertainotherNationalSocialistprisonsor
gtSufferedatleast12monthsofanshyotherformofdeprivationoffreedomofacertaindegreeofseverity
In exceptional cases other forms ofharmcomparableintermsofgravityandimpact to the aforementioned circumshystancescanbetakenintoconsideration
In addition female applicants musthave reached the age of 55 and male apshyplicants the age of 60 or the applicantmust be an invalid as defined by Article 2(7) (3) of the Pension Law Conversion Actof 25 July 1991 (Federal Law Gazette I p1606)beforeapensioncanbegranted
Shouldvictimsofpersecutionwhofulshyfilthedirectiveprerequisitesbedeceasedtheirwidoworwidowerwilliftheyareinshycapable of working receive a pension inaccordancewithSection2(6)oftheComshypensation Pension Act This provisionreadsasfollows
ldquoAcompensationpensionisgrantedtowidowsandwidowersifthemarriagewascontractedbefore1January1951Thisalsoapplies if marriage was not possible beshyfore 1 January 1951 due to the absence ofofficial documents or on other importantgrounds or if a quasishy marital relationshipexisted and the marriage took place afterthis date In the case of return from emishygration or release from internment imshyprisonmentorcaptivityafter31December1945thedeadlineshallbefiveyearsafterthereturnorreleaseratherthan1January1951rdquo
The pension amounts to EUR 71580(DM1400)permonthforvictimsandEUR410 (DM 800) per month for their widowsandwidowers
Any payments which the eligible pershyson has received or is still receiving unshyder German Government provisions notconnected with the Federal CompensashytionActaredeductedfromthepension
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page25
As with compensation pensions undertheCompensationPensionActpaymentsunder the directives should be refused orrevoked either in part or in full if theeligible person or the person from whomthe eligibility is derived have violated theprinciples of humanity or the rule of lawor have seriously abused their position totheir own gain or to the disadvantage ofothers
Applications for a compensation penshysionmaybesubmittedtothe
BundesministeriumderFinanzen(FederalMinistryofFinance)BonnofficePostfach130853003BonnGermany
33 PropertylawregulashytionsintheterritoryoftheformerGDR
Initially the Act Regulating Open Propshyerty Issues entered into force togetherwiththeUnificationTreatyon29Septemshyber 1990 According to Section 1 (6) itshould be applied to claims by citizensandassociationsthatwerepersecutedbeshytween30January1933and8May1945onracial political religious or ideologicalgroundsandlosttheirpropertyasaresultThe Act thus ties in with regulations conshycerningthereturnofpropertyTheclaimshadtobesubmittedbytheendof1992(inthe case of real estate) or by the end ofJune 1993 (in the case of movable propshyerty) The Act stipulates that the JewishClaims Conference (JCC) is the legal sucshycessor to any heirless or unclaimed lost
Jewish assets The value of property reshyturnedtothevictimsofNationalSocialismunderthisActcanonlybepartiallyquanshytified According to the JCC more thanEUR724millionhadbeengeneratedfromthesaleofrestoredpropertybytheendof2001
Ifitisnotpossibletoreturnpropertyorif the persons concerned have exercisedtheir right to choose compensation theyreceive compensation under the FederalActfortheCompensationoftheVictimsofNational Socialist Persecution The payshyments come from the CompensationFund a special federal fund The level ofcompensation is determined by the regushylations governing restitution However ithas been doubled in the light of the timewhich has passed A total of EUR 183 bilshylion in compensation payments had beenmadebytheendof2010
To speed up the process of gettingcompensationtothevictimscomprehenshysivesettlementswerereachedstartingin2002 between the Compensation FundandtheJCCincasesofasimilarnatureinwhichtheJCCistheeligiblepartyThesetshytlements reached were in respect of damshyage to synagogues and their contents(2002) damage to movable property andhousehold effects (2004) damage to theproperty of selfshy employed professionals(2006) as well as losses suffered with reshyspecttosecurityrightsoverlandandbankaccount balances (2007) assets of organishysations(2009)andintheclothingindustry(2011)
Until 1976 US citizens could submitclaimsforlossofassetsintheformerGDRtoacommissionsetupbytheUSAdminisshytration The subsequent talks conductedwith the GDR on compensation did notproduce any results After reunificationthenegotiationswerecontinuedwiththeGermanGovernmentandconcludedwith
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page26 LegislationforthenewLaumlnder
the Agreement of 13 May 1992 betweenthe Federal Republic of Germany and theGovernmentoftheUnitedStatesofAmershyica Concerning the Settlement of CertainProperty Claims This Agreement made itpossible for US citizens either to acceptcompensation in the United States underthis Agreement or to take part in theaboveshy mentioned German property lawproceedings in Germany The GermanGovernmenttransferredatotalofapproxshyimatelyUS$102millionforcompensationin the United States It is not known whatproportionhasbeenpaidouttovictimsofNational Socialism Persons eligible forcompensation also include about 1000Jewish claimants who gained US citizenshyship after their property had been damshyagedbutbeforethecloseof1951
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page27
IVRegulationsonthebasisoftheGeneralActRegulatingCompensationfor
Warshy inducedLosses
41 GeneralActRegulatshyingCompensationforWarshy inducedLossesof5November1957
Section 5 of the General Act RegulatingCompensation for Warshy Induced Losses of5 November 1957 (Federal Law Gazette I p1747) governs the claims of those who sufshyfereddamageduringtheNationalSocialistregimeanddidnotqualifyasvictimsasdeshyfinedbySections1and2oftheFederalComshypensation Act While the compensationlawsregulateallpropertyandnonshy propertyclaimstheActonlyprovidesforcompensashytion for damage to life limb or health aswellasdeprivationoffreedomSection5ofthe Act grants a right to compensation forunlawfulviolationsoftheseobjectsoflegalprotection in accordance with the generallegalprovisionsinparticularinaccordancewith the provisions on state liability and inaccordance with the civil law regulationson unlawful acts (Section 823 ff of the CivilCode)
Claims under Section 5 of the Act areonlyrecognizedifon31December1952thepersons who suffered damage had theirdomicile or were permanently resident in
thethenareaofapplicationoftheActorinastate which had recognized the GovernshymentoftheFederalRepublicofGermanyby1 April 1956 (Section 6 (1) of the Act) or fulshyfilledoneoftheotherresidenceordeadlinerequirements referred to in Section 6 Exshyceptionsforexpellees(immigrantsofethnicGerman origin) returnees or persons whodid not settle in federal territory until after31 December 1952 by way of family reunifishycationareofvirtuallynoimportancetoday
The aboveshy mentioned claims had inprinciple to be submitted within one yearaftertheActenteredintoforceieby31Deshycember 1958 (Section 28 of the Act) If thesubmission deadline had passed an extenshysioncouldbegrantedforonemoreyearieuntil31December1959
ClaimsunderSection5arenowinpracshytice only being wound up New submisshysionsareonlypossibleinexceptionalcasesnamelywhereclaimsaroseaftertheActenshyteredintoforceInsuchcasestheoneshy yearsubmissiondeadlinebeginswiththeemershygence of the claim This can for exampleapply to damage to health which arose orbecamemuchworseatalaterpointintimeThesameappliestodamagesufferedinreshylationtostateoldshy agepensionsduetoaninshyabilitytopaycontributionsasaresultofunshylawful deprivation of freedom which doesnotbecomeapparentuntilthepersonconshycernedretires
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page28 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
The following office is responsible forprocessing claims under Section 5 of theAct
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1ndash350668KoumllnGermanyTel +49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
42 GovernmentdirectivesonhardshipcompensashytiontovictimsofNationalSocialistinshyjusticeundertheGenshyeralActRegulatingCompensationforWarshy inducedLosses
a)Scopeofthedirectives
According to the German Government dishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy induced Losses which were issued on7 March 1988 and recast on 28 March 2011(Federal Gazette of 1 April 2011 p 1229)compensationistobemadetopersonswhoare not victims of persecution within themeaning of Section 1 of the Federal Comshypensation Act but who due to their physishycal or mental constitution or to their pershysonal or social behaviour were either indishy
vidually or collectively targeted by theNational Socialist regime and as a resultsuffered injustice These payments are inshytended to mitigate hardship for which theGeneral Act Regulating Compensation forWarshy induced Losses does not provide anycompensation due to individuals havingmissedtherespectivedeadlinesorforotherreasons
PursuanttotheGermanGovernmentdishyrectives on hardship compensation to vicshytimsofNationalSocialistinjusticeundertheGeneral Act Regulating Compensation forWarshy inducedLossesoneshy timeassistanceofuptoEUR255646maybegrantedThedishyrectives on hardship compensation also alshylowongoingcompensationpaymentstobemade In exceptional cases where more asshysistance is required due to special circumshystancestheyfurtherprovideforadditionalongoingpayments
The directives on hardship compensashytion do not aim to provide any financialcompensation for war damage damage toproperty or possessions as well as preshy warorwarshy inducedhardshipofanykind
b)Personsentitledtoapply
According to the aboveshy mentioned direcshytivesanyonewhosuffereddamageorharmasaresultofNationalSocialistinjusticeandwho is not a victim of persecution withinthe meaning of the Federal CompensationActmaysubmitanapplicationforcompenshysation
Various groups of individuals who sufshyfered damage or harm resulting from actsthatarecontrarytotheruleoflawandthatwere performed by persons acting in thename of the German Reich are entitled tosubmit applications These groups wouldpredominantlybethevictimsofforcedstershyilizationandeuthanasia
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page29
Alsoauthorizedtosubmitanapplicationare individuals who were identified by theNational Socialist state or party as ldquoworkshyshyrdquo ldquorefusing to workrdquo ldquoasocialrdquo ldquohomoshysexualrdquoldquoincitingdisobediencerdquoldquoconscienshytious objectorrdquo ldquocriminalrdquo and ldquovagrantrdquoand who for this reason were subjected toNational Socialist oppressive measures forexample being detained in concentrationcampsoratsimilarestablishmentsVictimsof psychiatric persecution may also applyDependingontheindividualcircumstancesofaspecificcasethedirectivesonhardshipcompensation may also permit compensashytion payments to be made to individualswho were part of the lsquoyouth resistancersquomovement The following provides morespecific information on some of thesegroupsandthedamagethatwassuffered
Victimsofforcedsterilization
Victims of forced sterilization who do notfulfil the requirements for compensationpaymentsundertheFederalCompensationAct receive upon application oneshy time asshysistanceamountingtoEUR255646onthebasis of directives on hardship compensashytionaswellasongoingmonthlypaymentsof EUR 291 (as of 1 January 2011 previouslyEUR 120) In exceptional cases additionalongoingpaymentsmayalsobegranted
Victimsofeuthanasia
The soshy called euthanasia establishmentsare considered to be prison camps withinthe meaning of the directives on hardshipcompensation because in these establishshyments patientsrsquo physical and psychologicalwellshy being was constantly threatened andtheir human dignity was invariably vioshylated This includes the establishments atGrafeneckinWuumlrttembergHartheimnearLinzSonnenscheinnearPirnaBernburgonthe Saale Hadamar near Limburg andBrandenburg on the Havel Upon applicashy
tion the victims directly subjected to theseeuthanasia establishments receive oneshytime assistance of EUR 255646 and since1 January 2011 ongoing monthly paymentsofEUR291Inexceptionalcasesadditionalongoingpaymentsmayalsobegranted
There are also exceptional rules providshying that under certain conditions ndash in parshyticular if they did not receive support payshyments ndash the surviving dependents (spousesand children) of those victims of NationalSocialist injustice who died in soshy called eushythanasia establishments may also be entishytledtoreceiveoneshy timeassistance
Homosexuals
On the basis of the circular instructions isshysued by the Reich Main Security Office on12 July 1940 numerous homosexuals weresenttoconcentrationcampseitherwithouthavingbeenconvictedofanyoffenceorafshyter having served a sentence Compensashytioncanbemadeforharmthatwassufferedasaresultofsuchactionsinparticulariftherespective individual was sent to a concenshytrationcamp
Criminals
Pursuant to the circular instructions of theReich and Prussian Minister of the Interiorof 14 December 1937 the criminal policewere authorized in certain instances totake soshy called professional and habitualcriminalsintopreventivecustody(cfBuchshyheim Die Aktion ldquoArbeitsscheu ReichrdquoGutachten des Instituts fuumlr ZeitgeschichteVol II Stuttgart [1966] p 189 ff) Insofar asalleged criminals were taken into custodyandnocriminalproceedingswereinitiatedorinsofarasconvictedcriminalswereincarshyceratedforalongerperiodoftimethanthatto which they were sentenced in criminalproceedings such individuals may alsoqualifyforpayments
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page30 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Individualswhowereidentishy
fiedasldquoworkshy shyrdquoldquorefusingto
workrdquoldquovagrantsrdquoorldquoasocialrdquo
The National Socialist regime also took soshycalled preventive measures against thisgroup of individuals This was done to enshysure that these individuals entered regularemployment and to ease the tense situashytion on the labour market The legal basisconsistedofamongotherthingstheprevishyouslymentionedcircularinstructionsoftheReich and Prussian Minister of the Interiorof14December1937aswellasinstructionsof the Reich Minister of the Interior of18September1939(BuchheimloccitVolII p 189 ff) Individuals who were affectedby such measures are also eligible to applyforcompensation
VictimsofNationalSocialist
jurisdiction
ThedirectivesonhardshipcompensationtovictimsofNationalSocialistinjusticeunderthe General Act Regulating Compensationfor Warshy induced Losses also provide forcompensation in cases where a courtshy imshyposed sentence was served if an examinashytion of the individual case reveals that eishytherthejudgmentoritsexecutionwasconshytrarytotheruleoflawForexampleajudgshymentmaybedeemedcontrarytotheruleoflaw if the punishment is considered to beunusually hard and cruel in comparison tothe alleged criminal act Decisions on suchmattersarebasedontherespectiverangeofpunishment as set out in the Reich PenalCode that was in force prior to 30 January1933 For military offences decisions arebased on the respective range of punishshymentassetoutintheMilitaryPenalCodeof15 June 1926 As a rule the authoritativejudgment shall be either the one that was
pronouncedinthelastinstanceorthesubshysequentdecisionofacourttopardonthereshyspectiveindividual
IfajudgmentwasreversedorcouldhavebeenreversedpursuanttoBavarianActNo21 on the Compensation of Victims of Nashytional Socialist Jurisdiction of 28 May 1945(Bavarian Official Gazette No 111946p 180) pursuant to another relevant LandlaworpursuanttotheActtoReverseUnjustNationalSocialistJudicialRulingsof25May1990(FederalLawGazetteIp966)thepreshyrequisitesforanactofNationalSocialistinshyjustice are fulfilled ndash provided it was not acriminaloffencethatwascommittedbefore30January1933ThesameappliestotheActtoReverseUnjustNationalSocialistJudicialRulingsinCriminalCases
Ininstanceswheredeathsentenceswerepronounced between 30 January 1933 and8May1945formilitaryoffencesandifthesesentenceswerenotreversedpriorto8May1945 there is prima facie evidence to susshypect that an unjust punishment was proshynounced (cf Federal Social Court Neue JushyristischeWochenschrift1992p934)Ininshystances where individuals were sentencedtoprisontermsforviolatingthebanonlisshyteningtoenemybroadcastsorforconsortshyingwithprisonersofwarandotherforeignshyerstheprerequisitesaregenerallyfulfilledforreceivingcompensationpursuanttothedirectivesonhardshipcompensationunderthe General Act Regulating CompensationforWarshy inducedLosses
Accordinglypaymentsarealsomadetopersons who were imprisoned between1933 and 1945 provided that the imprisonshyment is based on a penal decision that wasreversedpursuanttotheActtoReverseUnshyjust National Socialist Judicial Rulings of25August1998(FederalLawGazetteI1998p2501)amendedbytheActof23July2002(FederalLawGazetteI2002p2714)
Asarulenocompensationcanbemadeif after 8 May 1945 either a German or anAlliedcourtruledthatasentenceservedas
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page31
aresultofajudgmentpassedfrom30Janushyary1933to8May1945waslegitimate
National Socialist injustice may alsohave occurred as a result of the way inwhichasentencewasservedAnexampleofthisisdetentionatconcentrationcamps
IndividualswhowereconvictedasmemshybersoftheWehrmachtmayqualifyforpayshymentspursuanttotheFederalWarVictimsrsquoReliefActasarulesuchclaimsaretobeexshyamined by the respective Laumlnder pensionauthorities
c)Furtherrequirementsforeligibility
Inordertoreceiveoneshy timeassistancepurshysuanttothedirectivesonhardshipcompenshysation under the General Act RegulatingCompensationforWarshy inducedLossestherespectiveindividualmustsubmitanapplishycationPaymentsmayonlybemadetoindishyvidualswhoareGermancitizensiftheydonot hold German citizenship or only acshyquiredGermancitizenshipafter8May1945theymustbeofGermanethnicoriginunderthedefinitionofSections1and6oftheFedshyeral Expellees Act An individual must eishytherbedomiciledorhavehisorherpermashynent place of residence in the Federal ReshypublicofGermanyatthetimeheorshesubshymitsanapplicationforcompensation
Assistance is granted on an individualbasis and is therefore nonshy transferableHeirs of victims are not eligible to claimcompensation In exceptional cases oneshytimeassistancemayalsobegrantedtosurshyvivingspousesiftheyweresignificantlyafshyfected by the injustice or its consequencesChildren whose parents were both killeddue to a National Socialist oppressive meashysuremayreceiveaoneshy timeassistancepayshyment of EUR 255646 provided that at thetimeoftheparentrsquosdeaththeyhadnotyetreachedtheageoftwentyshy oneorwereentishytledtomaintenancebecausetheywerestillundergoingeducationandhadnotreachedtheageoftwentyshy seven
Allassistancethatisgrantedpursuanttothedirectivesonhardshipcompensationisprovided as compensation to affected indishyviduals for the injustice they suffered It isthereforeintendednottoreduceinanywaybenefitsthataffectedindividualsarelegallyauthorizedtoreceive
d)Compensationpayments
A distinction must be drawn between oneshytime assistance payments (up to EUR255646)ongoingmonthlypayments(EUR291) and additional ongoing payments intheeventofparticularhardship(inindividshyualcases)
Persons who suffered damage to theirbody or health victims of forced sterilizashytionandvictimsofeuthanasiareceiveoneshytime assistance of EUR 255646 Personswhosuffereddeprivationoflibertyreceiveaoneshy time payment of EUR 7669 for eachmonth of imprisonment commenced themaximum total amount being EUR255646
Victimsofforcedsterilizationandthosedirectlyaffectedbyeuthanasiameasuresreshyceive ongoing monthly payments of EUR291inadditiontotheoneshy timeassistance
In certain exceptional cases in whichspecial circumstances require that furtherassistancebeprovidedandinwhichthevicshytims are currently in financial need addishytional ongoing assistance may be grantedIn this context the type and severity of theinjustice that was suffered as well as theseverity and duration of the injusticersquos efshyfectsaretobetakenintospecialconsiderashytion
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page32 RegulationsonthebasisoftheGeneralActRegulatingCompensationforWar-inducedLosses
Exceptionalcircumstancesareassumedinparticularinthefollowinginstances
gtNinemonthsormoreofdetentioninaconcentrationcampasdefinedinSection42(2)oftheFederalCompensashytionAct
gtEighteenmonthsormoreofdeprivashytionoffreedominanothertypeofprisonorinaeuthanasiaestablishshyment
gtThirtymonthsormoreoflivinginhidingindegradingorparticularlyseshyvereconditionsor
gtInthecaseofpersonswhoundershywentforcedsterilizationundertheNashytionalSocialistregime
Notwithstandingtheaboveconditionscompensation payments may be grantedin exceptional cases where more assisshytance is required due to exceptional cirshycumstances
Prior to the amendment of the direcshytives on hardship compensation in aushytumn2002itwasgenerallyrequiredthatanyone submitting an application mustcurrentlybeinastateofneedThedetailsdefiningastateofneedweresetoutinacshycordance with the Implementing Regulashytions to the Federal Compensation ActSince the amendment oneshy time assisshytancepaymentsmayalsobegrantedifthefamilyrsquos income exceeds the level stipushylatedforastateofneedThesameappliestotheongoingpaymentsofEUR291tovicshytims of forced sterilization and those afshyfected directly by euthanasia measuresOnly in cases of need may any additionalongoing payments be made that exceedthestandardlimit
Applicationsthatwererejectedfornotmeeting the state of need requirementwere automatically reshy examined andcompensation was granted to all applishycantswhoqualified
The directives on hardship compenshysation under the General Act Regulatshying Compensation for Warshy inducedLosses are implemented centrally bythe Bundesfinanzdirektion West Thereis no deadline for applications The adshydressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42Woumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 0
StreetaddressNeusserStrasse15950733Koumlln
ForstatisticscfAnnex6
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page33
43 PaymentstovictimsoftheNationalSocialshyistmilitaryjudiciary
Pursuant to the Instructions for the FinalSettlementoftheRehabilitationandComshypensation of Individuals Convicted Durshying the Second World War for ldquoIncitingDisobediencerdquoldquoConscientiousObjectionrdquoor ldquoDesertionrdquo of 17 December 1997 (FedshyeralGazetteNo2of6January1998)indishyviduals who were convicted of the aboveshymentioned offences during the SecondWorldWarareeligibletoreceiveanaddishytionaloneshy timepaymentofEUR383468whichcannotbedeductedfrompaymentsreceivedorduepursuanttothedirectiveson hardship compensation to victims ofNationalSocialistinjusticeundertheGenshyeral Act Regulating Compensation forWarshy induced Losses This entitlement isbased on a decision of the German Bunshydestag of 15 May 1997 in which it was deshytermined that in the aboveshy mentionedcases these judgments passed by theWehrmacht judiciary during the SecondWorldWarwereunjustifruleshy ofshy lawprinshyciples are applied The Bundestag thereshyforecalledupontheGermanGovernmentto make an additional oneshy time paymentof EUR 383468 to the victims of theWehrmachtjudiciaryortotheirrelativesCompensation has been granted in morethan500oftheaboveshy mentionedcases
The deadline for submitting an applishycationpassedon31December1999
44 Furtherinformation
Bundesfinanzdirektion West can provideinformation on all questions relating tocompensationforNationalSocialistinjusshytice
Theaddressisasfollows
BundesfinanzdirektionWestArbeitsbereichRF42ZentraleAuskunftsstellezurWiedergutshymachungnationalsozialistischenUnrechtsWoumlrthstrasse1shy 350668KoumllnGermanyTel+49(0)22137993shy 413
StreetaddressNeusserStrasse15950733Koumlln
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page34 Paymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
VPaymentinrecognitionofworkotherthanforcedlabourperformed
inaghetto
TheFederal Government Directive of 1 Octoshyber 2007 concerning the payment of amounts to victims of persecution in recogshynition of work in a ghetto which did not conshystitute forced labour and which has not been recognised to date under social insurance law has been amended with retroactiveeffectasof6October2007andredrafted
ThenewversionoftheDirectiveconshycerningthepaymentofamountstovicshytims of persecution in recognition ofwork in a ghetto which did not constishytute forced labour (ghetto work recogshynition directive) dated 20 July 2011 andannounced in Federal Gazette no 110 of26July2011p2624removedthelinkbeshytweenthepaymentinrecognitionofworkin a ghetto and the receipt of a pensionunder the Act regarding the conditionsmaking pensions payable on the basis ofemployment in a ghetto As a conseshyquence the fact that work in a ghettohas been taken into account under soshycial security law now no longer preshycludes a oneshy off payment being madeinrecognitionofghettowork
The Federal Office for Central Servicesand Unresolved Property Issues (BADV)which is responsible for implementingtheDirectivewillreviewtheapplicationsalready processed Final decisions willnow be made on applications that weresuspended because of a pension beingpaidThereisthusnoneedtosubmitfreshapplications
TheamendedDirectivesetsadeadlineof31December2011forapplicationsThisisafinalcutshy offdateAfterthisdateapplishycations for the payment in recognition ofghettoworkwillhavenoeffect
The following can apply for and reshyceivetheoneshy offpaymentofEUR2000inrecognitionofworkinaghetto
gtVictimsofNationalSocialistpersecushytionwithinthemeaningoftheFederalCompensationAct
gtwhohavebeenforcedtoliveinaghettowhichwasunderNationalSocialistinfluenceand
gthavebeenemployedintheghettowithoutcoercionduringthistime
Thefollowingshallnotqualifyforpayshyment
gtThosewhoseworkintheghettohasalreadybeencompensatedforasforcedlabourfromfundsfromtheFoundationforRemembranceReshysponsibilityandtheFuture
gtThosewhodonotapplyforthepayshymentuntilafter31December2011(exshypiryofthefinaldeadline)
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
CompensationforNationalSocialistinjustice Page35
There is no legal entitlement to thepayment Only the person entitled to thepayment can apply to the following adshydress
BundesamtfuumlrzentraleDiensteundoffeneVermoumlgensfragen(BADV)(FederalOfficeforCentralServicesandUnresolvedPropertyIssues)53221BonnGermany
Applications must be made in writing by31December2011
Theapplicationformcanberequestedat the above address It is also availableonline to print out and complete at thefollowingwebaddresses
German version of the application formhttpwwwbadvbunddeantragAntrshyagsformularpdf
English version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_enpdf
Russian version of the application formhttpwwwbadvbunddeantragAntrshyagsformular_rupdf
EnquiriesmayalsobeaddressedtotheBADV by eshy mail using either the addressghettoarbeitbadvbundde or the adshydresspoststelleafgbadvbundde
A telephone hotline has also been setup to help with enquiries The number is+49(0)2289970301324andlinesareopenfrom Monday to Thursday between 10amand3pmGermantime
ForstatisticscfAnnex8
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page 36 annex
Annex 1 The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of Resources for Individual Welfare Measures
Annex 2 One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the Context of Restitution
Annex 3 Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
Annex 4 Compensation settlements for victims of pseudo-medical experi-ments
Annex 5 Public sector compensation payments
Annex 6 Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Annex 7 Comprehensive agreements on compensation
Annex 8 Federal Government Directive concerning the payment of amounts to victims of persecution in recognition of work in a ghetto which did not constitute forced labour and which has not yet been recognised under social insurance law (Ghetto Work Recognition Directive)
Annexes
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 1
The Fund for those not of the Jewish faith who were persecuted on racial grounds operating pursuant to the Directives on the Disbursement of
Resources for Individual Welfare Measures as 26 August 1981 as amended on 15 September 1966
(Federal Gazette No 178 of 22 September 1966)
Last updated on 31 December 2010
By the end of 2010 victims who meet the requirements of the above-mentioned directives had received payments
totalling approximately EUR 40 million This total amount is comprised of ongoing and one-time assistance Annual payments currently amount to approximately EUR 023 million No statistical records are kept of any other information
Compensation for National Socialist injustice Page 37
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page 38 Annex
Annex 2
One-time assistance granted pursuant to Section 4 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships
within the Context of Restitution of 26 August 1981 (Federal Gazette No 160 of 29 August 1981)
Last updated on 31 December 2010
Total number of applications registered
32558
Approved 13196 Denied 17092 Total number of formal application decisions 30288 Number of applications otherwise processed 2268 Total number of processed applications 32556 Total number of unprocessed applications 2
Overall total of payments made by 31 December 2010
EUR 34607415
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 3
Assistance granted pursuant to Section 8 of the Directives on Payments to Persecuted Non-Jews to Compensate for Individual Hardships within the
Context of Restitution of 26 August 1981 as amended on 7 March 1988 Compensation reserve fund
(Federal Gazette No 160 of 29 August 1981 and No 55 of 19 March 1988)
Last updated on 31 December 2010
Applicants of
Sinti and Roma ethnic origin
Total number of applications 2804 2649 (360 of which are second applications)
1 Compensation approved 1445 1372
a) ongoing assistance 719 665b) one-time assistance 726 707
2 Denied 1239 1176 a) does not meet nationality
ethnic origin residence requirements
185 176
b) not victim of persecution 608 592c) received earlier payments 149 137d) no state of need 49 39e) other reasons 248 232
3 Otherwise processed 116 97
4 Not yet processed 4 4
I Total no of court actions 146 137
a) court decision reached 34 34 b) action withdrawn
discontinued 112 103
c) Administrative Court proceedings pending
0 0
d) Higher Administrative Court proceedings pending
0 0
II Payments made by 31 December 2010 approx EUR 16418705
a) ongoing assistance approx EUR 14575365b) one-time assistance approx EUR 1843340
Compensation for National Socialist injustice Page 39
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page 40 Annex
Annex 4
Compensation settlements for victims of pseudo-medical experiments
pursuant to the Cabinet decision of 26 July 1951
Last updated in April 2010
Pursuant to the above-mentioned Cabinet decision the compensation paid to victims of pseudo-medical experiments amounts to
a total of approx DM 186 million Of this amount approx DM 64 million were disbursed in individual payments ie one-time assistance payments amounting up to DM 25000 each The remaining amount of approx DM 122 million was disbursed within the framework of the following special agreements
Yugoslavia DM 800 million Czechoslovakia DM 750 million Hungary DM 625 million Poland DM 100 million
No statistical records were kept of any other data
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 5 (1)
Public sector compensation payments
Last updated on 31 December 2010
Amounts (euro bn) by 2009 in 2010 by 2010Payments made so far
1 Federal Compensation Act 46087 0330 46417
2 Federal Restitution Act 2023 0000 2023 3 Compensation Pension Act 0790 0012 0802 4 Federal Act for the Compensation of the
Victims of National Socialist Persecution (NS-VEntschG)
1714 0111 1825
5 Luxembourg Agreement 1764 0000 1764 6 Comprehensive agreements (and similar
agreements) 1460 0000 1460
7 Other payments (civil service Wapniarka Hardship Fund for Non-Jewish Victims of National Socialism victims of pseudo-medical experiments Art VI Final Federal Compensation Act etc
5191 0160 5351
8 Payments made by the Laumlnder outside of the Federal Compensation Act
1682 0039 1721
9 Hardship compensation (not including the Laumlnder) 3851 0309 4160 10 Act on the Creation of a Foundation for
Remembrance Responsibility and the Future 2556 0000 2556
Total 67118 0961 68079
Other payments made as compensation for National Socialist injustice The German Government has expressed its intention to make lifelong ongoing payments to victims of National Socialism whose claims have been approved Based on this policy the Federal Ministry of Finance has drawn up cautious estimates according to which such payments will amount to a double-digit billion euro figure
Compensation for National Socialist injustice Page 41
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page 42 Annex
Annex 5 (2)
Approximately 17 of payments made pursuant to the Federal Compensation Act and the Federal Restitution Act are disbursed to individuals who live in Germany and approximately 40 to individuals who live in Israel the remaining proportion is disbursed to individuals who live elsewhere Approximately 15 of ongoing payments made pursuant to the Federal Compensation Act are disbursed to individuals who live in Germany approximately 85 of ongoing payments are disbursed to individuals who live abroad During the period from 1 October 1953 to 31 December 1987 4384138 applications for compensation were submitted pursuant to the Additional Federal Compensation Act of 18 September 1953 (Federal Law Gazette I p 1387) the Federal Compensation Act of 29 June 1956 (Federal Law Gazette I p 559) and the Final Federal Compensation Act of 14 September 1965 (Federal Law Gazette I p 1315) These applications were processed as follows
No statistical record is kept of the total number of applicants This number is however not identical to the number of applications that are submitted Pursuant to information provided by the Laumlnder ndash who are responsible for implementing the Federal Compensation Act ndash on average every applicant submitted more than one application The exact number of claims that were submitted by each individual claimant cannot be determined The number of applications and of applications processed from 1 January 1988 to date is comparatively small the Laumlnder are therefore no longer keeping a statistical record of this figure Compensation pursuant to the Federal Restitution Act has been completed The above table does not include other payments ndash the individual amounts of which cannot be exactly determined ndash totalling several billion euros that were made pursuant to other directives eg the Act on Social Insurance Pensions for Victims of National Socialism the Federal Act on Compensation for National Socialist Injustice through War Disablement and Survivorsrsquo Pensions and the General Act Regulating Compensation for War-induced Losses The Foundation for Remembrance Responsibility and the Future has not made any ongoing compensation payments it has only made one-off payments The Foundation received funding totalling EUR 51 billion Of this the Federal Government provided the EUR 2556 billion recorded in the table above The remainder came from German companies that participated in the German Economy Foundation Initiative By the time the last payments were made in 2007 the Foundation which was set up to help forced labourers and other victims of National Socialism had disbursed a total of more than EUR 47 billion to around 17 million victims of National Socialism in particular forced labourers who were entitled to support
Approved 2014142
Denied 1246571
Otherwise processed (eg application withdrawn) 1123425
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 5 (3)
Compensation paid by the Laumlnder outside of the Federal Compensation Act 1950 to 2010
(figures provided by the Laumlnder)
Laumlnder in 2010
- in thousands of euros - up to the end of 2010 - in millions of euros -
Baden-Wuumlrttemberg 5 37
Bavaria 9853 153
Berlin 17053 703
Bremen 76 12
Hamburg 213 75
Hesse 2449 62
Lower Saxony 2041 95
North Rhine-Westphalia 2004 503
Rhineland-Palatinate 5701 55
Saarland 40 1
Schleswig-Holstein 60 25
TOTAL
39495
1721
Note all figures have been rounded
Compensation for National Socialist injustice Page 43
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
An
nex
5 (4
)
Pay
men
ts m
ade
pu
rsu
ant t
o th
e Fe
der
al C
om
pen
sati
on
Act
b
etw
een
1 O
cto
ber
195
3 an
d 3
1 Dec
emb
er 2
010
(in
mil
lio
ns
of e
uro
s)
figu
res p
rovi
ded
by
the
Laumln
der
O
ngoi
ng p
aym
ents
Ty
pe
of d
amag
e or
har
m s
uffe
red
Ty
pe
of c
omp
ensa
tion
mad
e O
ne-t
ime
pay
men
ts
Ong
oing
pay
men
ts
Tot
al p
aym
ents
on
1 D
ecem
ber
20
10
O
f col
umn
1 O
f col
umn
3 To
tal
To in
divi
dual
s re
sidi
ng
abro
ad
Mon
thly
tota
l
Tota
l To
indi
vidu
als
resi
ding
abr
oad
Tota
l To
indi
vidu
als
resi
ding
abr
oad
colu
mns
1 +
3
colu
mns
2 +
4
Num
ber o
fin
thou
sand
s of
eur
os
1
2 3
4 5
6 7
8
1
Loss
of l
ife
339
270
37
63
2
73
64
10
23
00
61
368
115
7
2
Dam
age
to li
mb
or h
ealt
h 2
11
91
63
026
024
23
059
281
4324
689
399
2423
167
3
Dep
riva
tion
of l
iber
ty
14
42
13
20
0 0
14
42
13
20
00
4
Dam
age
to p
rop
erty
21
695
0 0
216
950
0
5
Dam
age
to a
sset
s 27
521
90
027
521
90
0
6
Cha
rges
fin
es e
tc
155
136
0 0
155
136
00
7
Dam
age
to p
rofe
ssio
nal c
aree
rs
16
56
13
52
84
25
6
86
110
081
82
13
173
779
9
8
Dam
age
to b
usin
ess
4235
49
2491
5930
0
9
Gra
ntin
g o
f im
med
iate
ass
ista
nce
906
0 0
906
00
10
Prov
isio
n of
hea
lth
care
39
045
0 0
390
450
0
11
Mit
igat
ion
of h
ard
ship
37
2339
7 32
743
435
04
8512
0
Tot
al
676
15
131
386
58
330
0745
419
381
3843
544
252
43
(N
ote
any
div
erg
ence
of t
ota
l am
oun
ts re
sult
s fr
om ro
undi
ng to
th
e ne
ares
t mill
ion)
Tota
l am
oun
t d
isbu
rsed
in c
omp
ensa
tion
pay
men
ts
be
fore
30
Sep
tem
ber 1
953
EUR
377
m
illio
n
Ave
rag
e o
ngo
ing
mon
thly
pay
men
t
pu
rsua
nt to
Art
icle
V o
f the
Fin
al F
eder
al C
ompe
nsat
ion
Act
EUR
614
m
illio
n
- for
loss
of l
ife d
amag
e to
lim
b or
hea
lth
app
rox
EU
R 8
46
purs
uant
to th
e Fe
dera
l Com
pens
atio
n Ac
t (cf
col
umn
5 ab
ove)
EU
R 45
419
m
illio
n
- of a
ll on
goi
ng c
ompe
nsat
ion
paym
ents
app
rox
EU
R 5
80
EU
R 4
64
10 m
illio
n
Page 44 Annex
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 6 (1)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
One-time payments
Total no of applications 7954 1
Compensation approved
in total 6257 2
Compensation denied or case
referred
in total 2467 2
divided into the following groups
forced sterilization 4668
euthanasia 495
forced labour 140
individuals claiming they were
targeted for as
ldquoinciting disobediencerdquo 304
a ldquocriminalrdquo 46
ldquoasocialrdquo 288
homosexual 20
a conscientious objector 59
a ldquopsychiatric patientrdquo 39
a member of a youth organization 9
ldquorefusing to workrdquo 29
ldquowork-shyrdquo 33
a ldquovagrantrdquo 4
not part of or cannot be clearly assigned to one of the above groups 1820
5011 3
330
3
87
26
174
8
8
17
1
17
30
1
544
291
220
158
148
23
140
10
32
13
9
9
13
2
1399
1 In addition to this figure some 9470 applications for compensation by victims of forced sterilization were received
between 1980 and 1988 2 This figure also includes cases in which compensation was approved for applications that were received before 1988 3 Before 1988 payments were also made in 8805 cases to victims of forced sterilization
Compensation for National Socialist injustice Page 45
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 6 (2)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010
Ongoing payments
Total no of applications 3851 Compensation
approved
in total 2140
Compensation denied or case
referred
in total 1128 divided into the following groups forced sterilization 3138
forced labour 21
euthanasia 58
individuals claiming they were t
argeted for as
ldquoinciting disobediencerdquo 28
a conscientious objector 2
a ldquocriminalrdquo 1
homosexual 5
a member of a youth organization 1
ldquoasocialrdquo 3
a ldquopsychiatric patientrdquo 0
ldquorefusing to workrdquo 0
not part of or cannot be clearly assigned to one of the above groups 594
1927
0
21
5
0
1
2
0
0
0
0
184
781
8
25
12
2
0
3
1
2
1
1
292
Page 46 Annex
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 6 (3)
Hardship compensation to victims of National Socialist injustice under the General Act Regulating Compensation for War-induced Losses
Last updated on 31 December 2010 Ongoing EUR 120 assistance payments pursuant to Section 5 of the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses
Total number of applications 11194
Number of applications processed 9846
Of these approved 9604
Of these denied 242
Payments made so far Pursuant to the directives on hardship compensation under the General Act Regulating Compensation for War-induced Losses and the previous Federal Ministry of Finance instructions on the granting of a one-time payment to victims of forced sterilization the following amount was disbursed between 1980 and 2010 EUR 12503160995 This amount is comprised of the following
One-time payments EUR 1441235977 Ongoing payments under section 5 EUR 5446586072 Additional ongoing assistance pursuant to Section 6 (4) of the directives under the General Act Regulating Compensation for War-induced Losses EUR 5615338946
Compensation for National Socialist injustice Page 47
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 7
Comprehensive agreements on compensation
Country Date agreement was concluded
Published in Federal Law
Gazette II
Compensation in millions of DM
Luxembourg 11 July 1959 1960 p 2077 18
Norway 7 August 1959 1960 p 1336 60
Denmark 24 August 1959 1960 p 1333 16
Greece 18 March 1960 1961 p 1596 115
Netherlands 8 April 1960 1963 p 629 125
French Republic 15 July 1960 1961 p 1029 400
Belgium 28 September 1960 1961 p 1037 80
Italy 2 June 1961 1963 p 791 40
Switzerland 29 June 1961 1963 p 155 10
Austria 27 November 1961 1962 p 1041 95
United Kingdom 9 June 1964 1964 p 1032 11
Sweden 3 August 1964 1964 p 1402 1
971
Page 48 Anlage
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Annex 8
Federal Government Directive concerning the payment of amounts to victims
of persecution in recognition of work in a ghetto which did not constitute
forced labour and which has not yet been recognised under social insurance
law (Ghetto Work Recognition Directive)
Statistics on applications received and processed Last updated on 20 December 2010
Applications received 55231
Approved 29483
Denied 8985
Applications received under the ghetto work recognition directive by country
As of 20 December 2010
USA 24 Hungary
9
Serbia 6
Canada 4
Germany 3
Ukraine 2
Poland 2 Other
6
Israel 44
Israel
USA
Hungary
Serbia
Canada
Germany Ukraine
Poland
Other
Compensation for National Socialist injustice Page 49
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Page 50
THIS AND OTHER BROCHURES ARE AVAILABLE FROM
Public Enquiries Division
Federal Ministry of Finance
11016 Berlin
Germany
buergerreferatbmfbundde
wwwbundesfinanzministeriumde or
wwwbmfbundde
PUBLISHED BY
Public Relations DivisionFederal Ministry of FinanceWilhelmstrasse 9710117 BerlinGermany
COVER copypanthermedianet Philip Lange
BERLIN August 2011
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
Compensation for National Socialist injustice PagE 51
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-
This brochure is distributed free of charge by the German Federal Ministry of Finance as part of its public relations
work It is not intended for commercial sale It may not be used for election publicity by parties election candi-
dates or electoral assistants during an election campaign This applies to federal parliamentary federal state par-
liamentary and local elections In particular the distribution of this publication at election events and on political
partiesrsquo information stands as well as the insertion printing or affixing of party political information or advertis-
ing material are regarded as improper use The distribution of this publication to third parties as a form of cam-
paign publicity is also pro-hibited Irrespective of when in what manner and in what number this brochure
reaches the recipient and even without any temporal reference to a forthcoming election it may not be used in
any way which could be construed as support on the part of the federal government for specific political groups
- ILegislationconcerningcompensationandtheconsequencesofwarandinternationalagreements
-
- 11 Beginnings of compensationunder occupationlaw
- 12 Restitution
- 13 Compensation regulationsin the occupationzones
- 14 Settlement Conventionand LuxembourgAgreement
- 15 Additional FederalCompensation Act(1953) and FederalCompensation Act(1956)
- 16 Implementing Regulationsto the FederalCompensation Act
- 17 Final FederalCompensation Act(1965)
- 18 General Act RegulatingCompensation for WarinducedLosses
- 19 Payments in the formerGDR and new Laumlnder
- 110 First comprehensiveagreements with Europeanstates
- 111 US ComprehensiveAgreement
- 112 Arrangements withEastern Europeanstates
- 113 Central and EasternEuropean Fund (JCC)
- 114 Compensation forforced labourers andother victims ofNational SocialismThe Foundation forRemembranceResponsibility and theFuture
- 115 WashingtonConference onHolocaustEraAssets
-
- IIExtralegalprovisionsbasedontheFederalCompensationAct
-
- 21 Compensation settlementfor Jewish victims
- 22 Fund for those not ofthe Jewish faith whowere persecuted asJews under the NationalSocialist regime
- 23 Compensation settlementfor nonJewishvictims
- 24 Compensation settlementsfor victims ofpseudomedicalexperiments
-
- IIILegislationforthenewLaumlnder
-
- 31 Compensation PensionAct
- 32 Extralegalregulationsbased on the CompensationPension Act
- 33 Property law regulationsin the territory ofthe former GDR
-
- IVRegulationsonthebasisoftheGeneralActRegulatingCompensationforWarinducedLosses
-
- 41 General Act RegulatingCompensation forWarinducedLosses of5 November 1957
- 42 Government directiveson hardship compensationto victims ofNational Socialist injusticeunder the GeneralAct RegulatingCompensation forWarinducedLosses
- 43 Payments to victimsof the National Socialistmilitary judiciary
- 44 Further information
-
- VPaymentinrecognitionofworkotherthanforcedlabourperformedinaghetto
- Annexes
-