Germany to annul convictions of gay men prosecuted under 19th century law

Heiko Maas

Germany is to annul the convictions of gay men who fell foul of a law criminalising homosexuality that was applied strictly after the War.

Heiko Maas, the justice minister, is to overturn the convictions and create a new “right to compensation”.

About 50,000 men were convicted between 1946 and 1969 under the 19th century law.

Mr Maas said: “We will never be able to eliminate completely these outrages by the state, but we want to rehabilitate the victims.

“The homosexual men who were convicted should no longer have to live with the taint of conviction.”

In 2002, Germany overturned convictions imposed during the Nazi period but not those imposed after the end of the War.

The country’s Federal Anti-discrimination Agency has now produced a study finding that the government is legally obliged to rehabilitate the men.

Professor Martin Burgi, who authored the report, said all convictions must be overturned and that compensation should also be provided.

Christine Luders, head of the agency, said she is happy with the results and that the “open wound in the rule of law” needs to be healed.

Germany has permitted civil partnerships since 2001 and gay couples have the same tax status and adoption rights as married couples.

However, pressure is mounting on the government to allow gay marriage.

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