In the so-called Fretterode trial before the Mühlhausen Regional Court (case number: 3 KLs 101 Js 47753/18 jug), the co-plaintiffs, in their closing arguments, demanded the conviction of the two accused neo-Nazis for aggravated robbery and that their neo-Nazi motives be taken into account when determining the sentence. The specific sentence was left to the court's discretion.
After nearly a year of extensive evidence gathering over more than 30 trial days, the prosecution considers it proven that the two accused neo-Nazis are guilty not only of property damage and dangerous bodily harm, but also of aggravated robbery (§ 250 of the German Criminal Code). The elements of aggravated robbery were met by the brutal taking of one of the journalists' camera equipment using considerable force. The camera was never recovered, and the circumstances of the crime suggest that the neo-Nazis retained possession of it.
In the closing argument, the prosecution, in addition to a chronology of events, focused particularly on the defendants' statements, which, after the presentation of evidence, proved to be lies in several places—so-called self-serving statements in criminal law. The defense's attempt to reverse the roles of perpetrator and victim thus failed. The various investigative errors made by the local police at the beginning of the investigation and the initial delays in the proceedings by the judiciary were also addressed.
The prosecution did not specify a concrete sentence. However, under adult criminal law, a conviction for aggravated robbery requires a prison sentence of at least five years, which cannot be suspended.
“Particular attention must be paid, both in sentencing (§ 46 of the German Criminal Code) and in the grounds for the judgment, to the inhumane motives behind the crime,” explained Rasmus Kahlen, attorney representing the victims, outlining the victims' perspective on sentencing. According to him, it was precisely the defendants' neo-Nazi ideology that justified the brutal attack on the journalists and was intended to create a no-go zone for the free press in Fretterode. “The free press is perceived as an enemy within the neo-Nazi scene. Because of this ideology, the two journalists were chased along country roads, attacked with pepper spray, a large wrench, and a knife, seriously injured, and, according to the victims, also robbed. The right to freedom of the press was to be physically denied to the two victims,” stated Sven Adam, an attorney from Göttingen who also represents one of the victims, in his closing argument, demanding that this be taken into account in the judgment.
For further questions, please contact the lawyers Sven Adam and Rasmus Kahlen using the contact details provided.
Background:
Two journalists from Göttingen were in the town of Fretterode at the end of April 2018 for research purposes when they were spotted by individuals from the far-right spectrum. As they attempted to leave in their car, they were pursued by two people in a black BMW. A chase ensued along the country road and through the towns of Fretterode and Germershausen. The journalists were caught by their pursuers at the entrance to Hohengandern. After the journalists' car came to a stop in a ditch, the two right-wing extremists first attacked the car and then the occupants with a baseball bat, a knife, a 40-50 cm long wrench, and pepper spray. The photographer suffered, among other injuries, a stab wound to the thigh. His companion was struck on the head with the heavy wrench, suffering a fractured skull and a laceration. The car's windows were smashed, the rear tires were punctured, and the photographer's camera and camera bag were stolen. The perpetrators then fled in the black BMW. At the request of the seriously injured victims, local residents were able to call emergency services and the police.
The photographer was able to take photos of one of the perpetrators from his own vehicle. The SD card containing these photos did not fall into the hands of the neo-Nazis and has been handed over to the investigating authorities.
ra sven adam
contact@anwaltskanzlei-adam.de
http://www.anwaltskanzlei-adam.de
ra rasmus kahlen
contact@anwaltskanzlei-kahlen.de
http://www.anwaltskanzlei-kahlen.de
Lange Geismarstraße 55,
37073 Göttingen
tel.: (0551) 4 88 31 69
fax: (0551) 4 88 31 79
