- BGH reviews sentence against concentration camp secretary
Can a civilian typist in a concentration camp have aided in over 10,000 cases of Nazi mass murder? The Federal Court of Justice (BGH) is addressing this question today. The 5th Criminal Senate in Leipzig must decide whether a verdict against the now 99-year-old former KZ secretary, Irmgard F., stands.
The regional court had convicted her in December 2022 for aiding and abetting murder in 10,505 cases and in five cases of attempted murder, sentencing her to a two-year youth sentence on probation. Her lawyers had appealed the decision.
The case is considered the potentially last criminal trial for the prosecution of Nazi mass murders. Irmgard F. worked as a secretary in the office of the commander of KZ Stutthof near Danzig from June 1943 to April 1945. According to the regional court in Itzehoe, she aided the responsible parties of the concentration camp in the systematic killing of inmates through her work.
Defense: Develop legal standards further
The lawyers for the elderly woman, Wolf Molkentin and Niklas Weber, had appealed the verdict on the grounds that essential legal questions remained unanswered. Among other things, the regional court had not clearly explained how intentionally the accused participated in the murders of the SS. As a civilian typist, she was not part of any command chain.
"The regional court wrongly assumed that the case fits seamlessly into the recent jurisprudence on NS-aid cases," explained lawyer Molkentin. It is necessary to further develop the legal standards.
General Prosecutor sees fundamental questions
The General Prosecutor has requested the oral hearing in Leipzig. According to this, the case raises "fundamental questions regarding the criminal liability for aiding and abetting murder through the performance of duties in a concentration camp." The fact that KZ Stutthof was not a pure extermination camp is also relevant. The Federal Court of Justice has not yet decided on this constellation.
The accused Irmgard F. will not be present at the hearing in Leipzig, as her lawyer Molkentin confirmed upon request. She does not have to be present, unlike at the regional court, where the woman caused a stir on the first day of the trial because she had gone missing from her senior home early in the morning and was searched for by the police. She then appeared for the rest of the trial in Itzehoe. In her final statement, she expressed remorse.
Decision expected in August
The 5th Criminal Senate will extensively deliberate on the appeal. A decision will not be made on Wednesday, but will be announced by the BGH either on August 6 or 20.
The KZ Stutthof, where Irmgard F. worked as a secretary, was not a pure extermination camp according to the General Prosecutor. As a civilian typist in the concentration camp, Irmgard F.'s lawyers argue that she was not part of any command chain, raising questions about her intentional participation in the SS-led murders.
