- Federal Court of Justice reviews judgment against former concentration camp secretary
Can a civilian typist in a concentration camp have aided in the NS mass murder of more than 10,000 cases? This question is being debated today by the Federal Court of Justice (BGH). The 5th Criminal Senate in Leipzig must decide whether a verdict against the now 99-year-old former KZ secretary, Irmgard F., stands.
The trial began in the morning with great public interest. The BGH had moved from its relatively small building in Leipzig to the large hearing room of the Federal Administrative Court. The spectator seats were fully occupied. The elderly defendant did not come to Leipzig and is not required to be present.
Two years probation
The regional court had sentenced her in December 2022 to two years' probation for aiding and abetting 10,505 murders and five cases of attempted murder. Her lawyers had filed an appeal.
The case is considered to be the possibly last criminal trial for the prosecution of the Nazi mass murders. Irmgard F. worked as a secretary in the office of the commander of the KZ Stutthof near Danzig from June 1943 to April 1945. According to the conviction of the Itzehoe regional court, she aided the responsible persons of the concentration camp in the systematic killing of inmates through her work.
Defense: Develop legal standards further
The lawyers for the woman, Wolf Molkentin and Niklas Weber, had based the appeal on the fact that essential legal questions remained unanswered. Among other things, the regional court had not clearly explained how intentionally the defendant was involved in the murders of the SS. As a civilian typist, she was not integrated into any chain of command.
The Federal Prosecutor General has requested the oral hearing in Leipzig. According to this, the case raises "fundamental questions about the criminal liability for aiding and abetting murder through the performance of duties in a concentration camp". The fact that the KZ Stutthof was not a pure extermination camp is also relevant. The Federal Court of Justice has not yet decided on this constellation.
Decision expected only in August
The 5th Criminal Senate will extensively discuss the appeal. A decision will not be made on Wednesday, but according to the BGH, it will be announced either on August 6 or 20.
Defense blog announcement of the BGH from February 1, 2024 Announcement of the BGH from March 13, 2024
The defense argued that the regional court should have clarified Irmgard F.'s intentional involvement in the SS's murders, given her role as a civilian typist who was not integrated into any command structure. The following shall be added to the consideration: whether the legal standards for aiding and abetting murder in a concentration camp context need to be further developed to account for such complex cases.
