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Politics How to proceed with the NSU judgments

22:40  23 may  2020
22:40  23 may  2020 Source:   spiegel.de

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The verdict in the NSU trial contains more than 3000 pages. A perpetrator accepts the decision, the four others want to fight - and the bereaved warn of a devastating signal.

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What remains in the collective memory of the written verdict in the NSU trial is a number: 3025.

3025 pages of paper contain the judgment of the Munich Higher Regional Court that was served on the parties to the proceedings . In addition 44 file folders with the protocol including attachments. The federal prosecutor and the defense lawyers who contested the judgment have until Monday to justify their revision. They had a total of one month to do this, while the Senate was given 650 days to justify the decision.

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How do those involved in the process view the written reasoning? How do you proceed? SPIEGEL spoke to co-plaintiffs and lawyers for all those convicted. The overview:

And how are the bereaved? The relatives of the ten murdered and the numerous people who were injured in bombings or robberies?

Elif Kubasik, wife of the murdered Mehmet Kubasik, left the room on July 11, 2018 during the verdict. Attorney Antonia von der Behrens speaks of the "breaking point". It would have been possible to take the bereaved seriously with their questions about the crime, but also to recognize their suffering. Even if the suffering of the victim is not at the center of a criminal proceeding, it is customary for this to be given a place in the oral reasoning of the judgment.

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"In the case of an active co-litigation as in NSU trial , it would have been the least for the relatives if the court had explained why it is so, why it omitted many of their questions in the proceedings," says von Behrens and fights against the alleged longing for "emotional care and comfort", as criticized by former BGH judge Thomas Fischer .

Elif Kubasik had largely completed the legal process after the oral verdict, but had hoped to read at least something in the written judgment about the effects of the murders and attacks on relatives and survivors. She doesn't understand why she was asked in court what the murder of her husband and father of their children did to her, what it means for the family, and how it changed everyone's lives if the answers didn't matter to the verdict play. "I don't understand why we're not worth a word to them."

Johannes flush, Carsten S. defender, says that such a judgment after a mammoth procedure is "soulless, meticulous hard work". But: "The Senate should have shown that it is aware of the dimension of the procedure, especially when it is foreseeable that the legal assessment will disappoint those affected."

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The only question that counts for the court is whether statements are relevant to the revision or not, says co-plaintiff representative Eberhard Reinecke. "So the less you write beyond what is absolutely necessary, the fewer starting points for a revision."

Few react like Semiya Simsek, whose father Enver was murdered: before the NSU trial, she had no illusions. Her lawyer Jens Rabe says he warned long before the main hearing that criminal proceedings could never answer all questions that affect relatives and keep them busy. "And that's how it happened."

Political Calculation?

There is still a lack of understanding among many involved in the process as to why the Senate exhausted the time limit for the written justification of the judgment.

Some suspect political calculation. They do not consider it a coincidence that the word Constitutional Protection does not appear in the judgment once; that the role of the neo-Nazi Tino Brandt and that of the Hessian constitutional protector Andreas Temme remains unlit; and that the knowledge of who knew his whereabouts after the trio's dive remains unmentioned.

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In general, many of the results of the taking of evidence, which were brought into the proceedings through the meticulous work of the co-plaintiff, are not mentioned in the judgment. "Did the court plan from the start not to take all of these findings into account?" Asks Antonia von der Behrens.

The judges sentenced all of the defendants to a lower sentence than the federal prosecutor had requested - except for Carsten S. The signal for trial participants as "devastating": Carsten S., who unpacked, is punished; André E., who has remained silent, is partially acquitted.

"This judgment benefits the right-wing scene. It leaves the proceedings with self-confidence and strength," says von Behrens. The NSU network, the role of the security authorities, too many aspects remained open. Merely the murder of the Kassel government president

Walter Lübcke justified the advancement of a right-wing network in Germany. Many representatives of the co-lawsuit will continue after 3025 pages of judgment in the case of the NSU. "We don't stop," says von Behrens.

Even those who do not have to wait for a decision from the

BGH find it difficult to put this procedure aside. Johannes flush, for example, defended RAF terrorists and in the so-called Sauerland trial, he knows about mammoth procedures. The insights he got in the case of the NSU into the neo-Nazi scene and into the work of the protection of the constitution are serious, he says. It was not possible for him to draw a line under these findings.

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