NSU Trial

The place of the trial: the Higher Regional Court of Munich, Nymphenburger Strasse, Munich

The NSU Trial is the trial against several people in connection with the National Socialist Underground (NSU) – an extreme-right terrorist organization in Germany – and the so-called NSU murders. It has been taking place since 6 May 2013 in Munich in the 6th Criminal Division of the Munich Higher Regional Court before five professional judges.

Accused are Beate Zschäpe and four suspected helpers and supporters: André Eminger, Holger Gerlach, Carsten Schultze and former NPD official Ralf Wohlleben.[1]

Zschäpe must answer charges of, inter alia, being a principal in ten murders and a serious arson and of being a member of a terrorist organization.[2]

André Eminger is accused, inter alia, of being an accessory in the nail bomb attack in Cologne in 2004.[1]

Holger Gerlach is accused, inter alia, of being an accessory by providing false documents for the NSU trio.[1]

Carsten Schultze is accused, inter alia, of being an accessory by providing the NSU trio with arms.[1]

Ralf Wohlleben is accused, inter alia, of being an accessory by providing the NSU trio with arms.[1]

A critical issue for Zschäpe may be the differentiation in German law between principal and accessory. In her case it may hinge on the interpretation of the word "gemeinschaftlich" as used in Section 25 of the German Penal Code.[3][4] In the Red Army Faction trials three of its members were found guilty of being principals, even though it wasn't known which of them had done what, because they were part of a unit whose combined goal it was to carry out the attacks for which they were charged. On these grounds it would seem possible that Zschäpe could be convicted as a principal. The jurist Claus Roxin, however, believes that a principal must in some way be in control of the illegal act, something commonly believed to be beyond Zschäpe's participation.[5]

Although a Parliamentary Committee of Inquiry into the NSU is said to confirm that German authorities were not involved and did not cover up the NSU killings,[6] doubts remain. Was it pure chance that a member of the German intelligence service just happened to be at the scene of at least one of the murders?[7] Does the fact that work colleagues of the murdered policewoman Michèle Kiesewetter were members of the Ku-Klux-Klan[8] and that she lived close to a public house frequented by the extreme-right not raise questions? Why does forensic and other evidence for the deaths of Böhnhardt and Mundlos, the other two alleged principals in the case, in the motor-caravan not add up?[9][10] The German government, domestic intelligence and the police, it is thought, will also be on trial.[11]

Proceedings

On Saturday, 4 May 2013, objections were submitted against the judges, to be considered before the start of the trial.[12] The objections centred on defence as well as plaintiff council being searched before entering the courtroom, while federal prosecutors and members of the court were not.[13] On the first day of the trial, 6 May 2013, the presiding judge, Judge Götzl, deferred the decision on the applications, adjourning the trial until 14 May 2013.[14] These motions of bias were rejected four days later.[15]

Mahmut Tanal, a member of the Turkish parliament who attended the first day of the proceedings, complained that the presence of a crucifix in the courtroom violated the secular principles of the rule of law and was a threat to all non-Christians.[16]

Anja Sturm

On 4 June, the fifth day of the trial, Anja Sturm, representing Zschäpe, sought a discontinuation of the trial in that the Attorney General's prosecutors, the Federal Criminal Police Office and other public figures and authorities had taken the accusations against her client as true fact before trial and thus clearly breached the constitution and made the trial untenable.[17] The request was denied. On the same day of the trial, several representatives of the plaintiffs demanded that trial observers from the Federal Criminal Police Office, the Landeskriminalamt and the Militärischer Abschirmdienst should be excluded from the courtroom, since they would endanger the establishment of the truth. Some defenders also felt this might be the case. This Götzl also declined, as he saw no way in which observers could influence witnesses. Neither the plaintiffs nor the defenders agreed with this argument. The accused Carsten Schultze admitted being involved in the procurement of a firearm with silencer.[18] Holger Gerlach admitted to organizing passports and driving licences for Zschäpe, Böhnhardt und Mundlos.[19] Gerlach confessed to having deposited €10,000 for the trio in his hometown of Lauenau in Lower Saxony. He apologized for this in a read statement.[20]

In July 2013 the court was informed that Judge Götzl had arranged for the trial to continue until the end of 2014.[21] The court reconvened on 5 September 2013 after a summer break of nearly a month.[22]

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Debakel der Ankläger Deutsche Lobby, 24 September 2013
  2. ↑ NSU-Prozess – Gericht lässt Anklage gegen Zschäpe zu Süddeutsche Zeitung, 31 January 2013
  3. ↑ § 25 Täterschaft Strafgesetzbuch
  4. ↑ German Criminal Code (English)
  5. ↑ Zwischenbilanz NSU-Prozess FAZ, Helene Bubrowski, 2 August 2013
  6. ↑ Parliamentary Report on Right-Wing Murders Important to Restoring Trust German Embassy, USA, 27 August 2013
  7. ↑ Der flirtende Agent, der einen Mord übersah Stuttgarter Zeitung, Armin Käfer, 12 September 2012
  8. ↑ Kollegen von Polizistin Kiesewetter waren Ku-Klux-Klan-Mitglieder Die Zeit, 31 July 2012
  9. ↑ Zweifel an Selbstmord von Böhnhardt und Mundlos Die Welt, 21 November 2011
  10. ↑ Was hat sich in den wenigen Sekunden im Fahrzeug abgespielt? Stuttgarter Nachrichten, Andreas Förster, 25 November 2012
  11. ↑ Neo-Nazi Case Also Puts Government on Trial Spiegel Online, Daryl Lindsey, 9 November 2012
  12. ↑ Interview mit Zschäpe-Anwältin Anja Sturm N24 Interview with Anja Sturm, 7 May 2013
  13. ↑ First Day of Historic Trial: German Court Adjourns Neo-Nazi Case Until May 14 Spiegel Online, 6 May 2013
  14. ↑ Zschäpe-Anwälte können Richter Götzl nicht stoppen Die Welt, 6 May 2013
  15. ↑ NSU-Verfahren in München: Gericht weist auch Zschäpes Befangenheitsantrag ab Spiegel Online, 10 May 2013
  16. ↑ Türkischer Politiker gegen Kruzifix in Münchener Gericht Der Tagesspiegel, 7 May 2013
  17. ↑ NSU-Prozess: Zschäpe-Verteidiger fordern Einstellung Focus, Göran Schattauer, 4 June 2013
  18. ↑ NSU-Prozess in München: Erster Angeklagter sagt aus Tageschau, 4 June 2013
  19. ↑ Holger G. gesteht und entschuldigt sich Tageschau, 6 June 2013
  20. ↑ Ablesen ist einfach Tageschau, 6 June 2013
  21. ↑ Gericht verlängert Prozess bis Ende 2014 Süddeutsche Zeitung, 9 June 2013
  22. ↑ NSU trial resumes following summer break Deutsche Welle, 5 September 2013

See also

Bosphorus serial murders