Press Release of several victims’ counsel in the NSU trial.

Munich, 20 March 2014

“We are not the court of last judgment!”
Federal prosecution again prevents victims’ counsel from questioning a Nazi witness

During yesterday’s questioning of witness Carsten R., who had rented a flat for Mundlos, Böhnhardt and Zschäpe after they had gone underground, and who was obviously lying to the court, the federal prosecution torpedoed critical questioning by victims’ counsel.

Questioned by victim’s counsel whether he had not cared at all why “the Three” had gone underground in 1998, the witness stated that he had not cared at all whether they had stolen chocolate bars or killed someone. He was then asked about his thoughts when he found out via the media in 2011 that “the Three” had in fact committed several murders. At this crucial point, the federal prosecution interrupted questioning by the victims’ counsel, in violation of the rules of criminal procedure, and stated that „We are not the court of last judgment, it is not the duty of a witness to justify himself for his attitudes, but rather to testify on his factual experiences.“
The prosecution thus kept the witness from answering the question. They have shown that they are trying to prevent a critical examination of his truthfulness and of his motivation to make false statements in court. A worthwhile examination of the witness by victims’ counsel was thus factually prevented.

The federal prosecution has shown similar behavior several times previously when victims’ counsel questioned witnesses who were part of the right wing scene. The undersigned counsel cannot help but gain the impression that the federal prosecution is actively opposing an actual elucidation of the structures which have led to the NSU coming into being and continuing to exist and which have supported the NSU in the crimes attributed to it. Now that several witnesses from the Nazi scene have been questioned, the news has apparently spread among them that they can lie or feign memory gaps with impunity and even be supported by the federal prosecution in doing so.

Victims’ counsel, Attorneys at Law
Alkan, Basay, von der Behrens, Bogazkaya, Clemm, Daimagüler, Dr. Elberling, Hoffmann, Ilius, Kaniuka, Kara, Kienzle, Kolloge, Kuhn, Lex, Lunnebach, Narin, Parlayan, Pinar, Reinecke, Scharmer, Sariyar, Sfatkidis, Sidiropoulos, Stolle, Top, Ünlücay, Wierig