21 Nov. 45
The extent of the restriction on personal liberty under the
decree of February 28, 1933 may be understood by reference to the
rights under the Weimar constitution which were suspended:
"Article 114. The freedom of
the person is inviolable. Curtailment or deprivation of personal
freedom by a public authority is only permissible on a legal basis.
"Persons who have been deprived of their freedom must be
informed at the latest on the following day by whose authority and
for what reasons the deprivation of freedom was ordered; opportunity
shall be afforded them without delay of submitting objections to
their deprivation of freedom.
"Article 115. Every German's home is his sanctuary
and is inviolable. Exceptions may only be made as provided by law.
"Article 117. The secrecy of letters and all postal,
telegraphic' and telephone communications is inviolable. Exceptions
are inadmissible except by Reich law.
"Article 118. Every German has the right, within the
limits of the general laws, to express his opinions freely in speech,
in writing, in print, in picture form, or in any other way. No
conditions of work or employment may detract from this right and no
disadvantage may accrue to him from any person for making use of this
right....
"Article 123. All Germans have the right to assemble
peacefully and unarmed without giving notice and without special
permission.
"A Reich law may make previous notification obligatory for
assemblies in the open air, and may prohibit them in case of
immediate danger to the public safety.
"Article 124. All the Germans have the right to form
associations or societies for purposes not contrary to criminal law.
This right may not be curtailed by preventive measures. The same
provisions apply to religious associations and societies.
"Every association may become incorporated (Erwerb der
Rechtsfähigkeit) according to the provisions of the civil law.
The right may not be refused to any association on the grounds that
its aims are political, social-political, or religious.
"Article 153. Property is guaranteed by the
Constitution. Its content and limits are defined by the laws.
"Expropriation can only take place for the public benefit
and on a legal basis. Adequate compensation shall be granted, unless
a Reich law orders otherwise. In the case of dispute concerning the
amount of compensation, it shall be possible