EBM

About us

An amendment to the BAK Act was published in the Federal Law Gazette on 21 July 2023 that created the legal basis for the establishment of the Investigation and Complaints Office for Police Conduct (Ermittlungs- und Beschwerdestelle Misshandlungsvorwürfe – EBM), which begins its work on 22 January 2024.

EBM investigates every alleged or possible case of ill-treatment within the area of responsibility of the Federal Ministry of the Interior.

EBM Investigators conduct police investigations on behalf of public prosecutor's offices based on legal stipulations. Due to the particularly sensitive nature of these investigations, EBM also employs specialised staff from other disciplines, such as psychology, in addition to law enforcement officers and lawyers.

EBM is part of the Federal Bureau of Anti-Corruption (BAK), i.e. within the Federal Ministry of the Interior, but outside the Directorate General for Public Security.

Initial and further training

EBM employees undergo special training so that they can fulfil their tasks in the best possible way. The topics covered by this training are wide-ranging and include modules on fundamental and human rights and applied psychology as well as topics such as "interrogations" and "criminalistics".

Independent advisory board

In order to guarantee the independence of EBM's activities and the fulfilment of its tasks in accordance with the law, an independent advisory board is established at the Federal Ministry of the Interior, which is not bound by instructions. Establishing this advisory board places a special focus on the protection of the constitutional and democratic basic order.

The EBM Advisory Board is primarily responsible for the accompanying structural and transparent monitoring of EBM's activities. Further information on the EBM Advisory Board and contact details can be found on the Homepage of the Federal Ministry of the Interior (BMI) .

Legal basis

National legal basis

Responsibilities of EBM

The legal basis for the jurisdiction of the Investigation and Complaints Office for Police Conduct (EBM) can be found in Sec. 4 (4) and (5) of the BAK Act.

Accordingly, EBM is responsible nationwide for:

“[…] criminal police investigations into the use of direct coercive force resulting in death and life-threatening use of arms (Section 7 of the Use of Weapons and Firearms Act 1969, Federal Law Gazette No. 149/1969) by

organs of the public security service if they are employees of the federal government
other employees of the Directorate State Protection and Intelligence Service (DSN) (Section 2b (2) DSN Act, Federal Law Gazette I No. 5/2016) and
other employees of the Federal Ministry of the Interior or its subordinate agencies who are authorised to exercise command and coercive power“

and

“[…] investigations in connection with allegations of ill-treatment against organs or employees pursuant to Sec. 4 No. 1 to 3. An allegation of ill-treatment is the suspicion or allegation of

an intentional punishable act against life and limb in the course of duty without connection to the exercise of direct coercive power,
a punishable act against life and limb if there are reasonable grounds for suspicion of connection to any disproportionate exercise of direct coercive power (Sections 4-6 Use of Weapons and Firearms Act 1969), or
inhuman or degrading treatment in the performance of official duties.“

The Federal Bureau has no jurisdiction if an allegation of ill-treatment pursuant to Sec. 5 No. 3 BAK Act relates to behaviour towards employees of the Federal Ministry of the Interior and there is no initial suspicion within the meaning of the Code of Criminal Procedure.

The working methods and procedures of EBM are regulated in Sec. 4a BAK Act.

International legal basis

There are several international legal bases in connection with fundamental rights and freedoms, including

European Convention on Human Rights (ECHR)
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN-CAT), in particular Art. 12, 13