Appeals against the verdict
Two weeks after the verdict, the Munich court has notified parties of who has appealed that verdict: all five defendants have handed in notices of appeal, as has the federal prosecution with respect to André Eminger, who had been acquitted of the majority of the counts in the indictment. Victims and victims’ counsel have not appealed – largely due to the fact that appeals by victims are inadmissible if and to the extent the accused have been convicted. Victims’ counsel will, however, have an opportunity to comment on the appeal briefs of other parties.
When the Federal Court of Justice will decide on the appeals is hard to predict: first of all, the court in Munich will have to submit its written judgement. In theory, it is allowed to take 93 weeks from the day of the oral verdict, i.e. until late April 2020. Most parties expect the court not to use up the entire time allotted, but it seems very likely that it will take at least a number of months before the written judgment arrives. Continue reading
The judgment of the Court protects the state and once more abandons the victims.
The Higher Regional Court of Munich, with its judgment today, has dealt a severe blow to those who are interested in a real fact-finding on the crimes of the NSU and their background. By limiting itself to a severe conviction for Beate Zschäpe, while at the same time playing down the criminal acts and ideology of supporters and denying any responsibility of state organs, the court goes a lot farther than was to be feared based on the evidence heard in court. Continue reading
Wohlleben released from provisional detention
As the court in Munich notified us today and only in reaction to a concrete request, Ralf Wohlleben has been released from detention yesterday. The federal prosecution had not opposed the motion for release brought by the defense, who had stated that Wohlleben had also found work close to his place of residence – which so far is unknown to us. The prosecution noted above all that, from the perspective of the accused, there was a “not entirely fallacious” hope that the last third of his sentence may be suspended.
The statement by the prosecution and the court decision do not refer to an appeal by the prosecution against the rather mild sentence passed against Wohlleben, accordingly it seems that there has been no such appeal.
It is thus to be feared that the mild course taken by the court in the judgment against Wohlleben will be continued in the execution of the sentence.
Verdict to be pronounced on Wednesday, 11 July. Last words of the accused without any surprises.
Today the public gallery in the courtroom was filled to the very last place. However, before the court could give the accused the opportunity to present their last words, victim’s counsel Erdal brought a final motion: back in February, he had moved that the Christian cross in the courtroom be removed during the pronouncement of the verdict; this motion had been rejected by the presiding judge just yesterday. Today Erdal asked for a review of that decision by the full court. He remained unsuccessful.