Political prisoners (former): Support
Former political prisoners can apply for pension benefits if the conditions are met.
Pension rights for former political prisoners can be based on different laws:
- Germans and their surviving dependents who were imprisoned for political reasons in the former GDR, in the former East Berlin or in the expulsion areas specified in the Federal Displaced Persons Act and who have thereby suffered damage to their health are entitled under the Prisoner Assistance Act .
- According to the Criminal Rehabilitation Act , the same applies to persons and their surviving dependents who have suffered damage to their health as a result of a criminal decision contrary to the rule of law or an admission to a psychiatric institution contrary to the rule of law.
- Entitlement under the Administrative Rehabilitation Act exists if those affected or their surviving dependents have suffered damage to their health as a result of an administrative measure taken by the GDR organs in violation of the rule of law.
For the consequences of the damage to health, care is granted on request in different ways:
- Persons who have been rehabilitated in court after unlawful deprivation of liberty in the GDR, or who are in possession of a certificate in accordance with § 10 (4) of the Prisoner Assistance Act, receive capital compensation under the Criminal Rehabilitation Act (§ 17 StrRehaG) upon application.
- Prison victims who are particularly affected in their economic situation and who have suffered a total deprivation of liberty of at least six months receive a special monthly allowance for prison victims upon request (§ 17a StrRehaG).
The supply is granted on request in accordance with the provisions of the Federal Supply Act .
Unless a certificate pursuant to Section 10 (4) of the Prisoner Assistance Act has already been issued, the social compensation for disadvantages suffered by the person concerned as a result of deprivation of liberty or an administrative decision contrary to the rule of law always presupposes criminal or administrative rehabilitation. Rehabilitation can be applied for until 31 December 2019 at the competent courts and rehabilitation authorities in the new federal states and in Berlin.
- Certificate in accordance with § 10 (4) of the Prisoner Assistance Act or
- Rehabilitation decision of a court with rehabilitation chamber.
A persecuted person who has not been able to exercise a previously practiced, started, learned or demonstrably aspired to by the beginning of a job-related training or a socially equivalent profession may be entitled to benefits under the Vocational Rehabilitation Act (BerRehaG).
Prison victims who are particularly affected in their economic distress, but who have suffered a total deprivation of liberty of less than six months, receive support from the Foundation for Former Political Prisoners.
Foundation for former political prisoners
- §§ 1 - 5, 9a - 9c Act on Assistance Measures for Persons Who Have Been Taken into Custody outside the Federal Republic of Germany for Political Reasons (Prisoner Assistance Act - HHG),
- §§ 17, 17a, 21, 22 Act on the Rehabilitation and Compensation of Victims of Prosecution Measures contrary to the Rule of Law in the Accession Area (Criminal Rehabilitation Act - StrRehaG),
- §§ 3, 4 Act on the Annulment of Administrative Decisions in the Accession Area contrary to the Rule of Law and the consequential claims thereto (Administrative Rehabilitation Act - VwRehaG),
- Act on the Care of the Victims of War (Federal Supply Act - BVG).
§§ 17 ff. StrRehaG
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