AfD politician in court - Höcke fined again for Nazi slogan
For the second time, Thuringia's AfD leader Bjoern Hoecke is standing trial for using a prohibited Nazi slogan. For the second time, he vehemently and repeatedly asserted his innocence. However, the Halle District Court convicted him again to a fine.
Hoecke is supposed to pay 130 fines of 130 euros each due to the use of symbols of unconstitutional and terrorist organizations. His lawyers will decide in the coming days whether they will file a revision. They had demanded an acquittal.
Judge rejects political justice allegations
Judge Jan Stengel stated that Hoecke knew that using the phrase "Alles für Deutschland" would make him liable for punishment. He also rejected Hoecke's allegations of being a victim of political justice.
The AfD politician had said in his more than half-hour closing statement that it was his subjective feeling that he was being made "mundtot" (silenced). Judge Stengel stated that he had been reviewing old DDR (East Germany) judgments for over 30 years for unconstitutionality. In those cases, he had encountered many genuine political decisions.
In this specific case, it's about the slogan "Alles für Deutschland." This phrase was once used by the SA (Storm Detachment), the paramilitary combat organization of the Nazi Party NSDAP. Hoecke used it in December 2023 at an AfD gathering in the Thuringian city of Gera, in front of around 350 people. The politician spoke the first two words out - the audience completed the third word. At that point, Hoecke and probably also the attendees at the gathering were already aware that a criminal procedure was ongoing against him for the same slogan. Hoecke also used it in May 2021 at a campaign event in the Saxony-Anhalt town of Merseburg.
In the first trial, which ended in a guilty verdict in mid-May, Hoecke had argued that he didn't know the Nazi slogan. His speech was spontaneously formulated. However, Hoecke could no longer make this argument. Instead, his defense tried to make it clear that the slogan played a subordinate role in the SA and that many other people had used the slogan in the past without being charged under criminal law. Hoecke was surprised that the audience completed the phrase.
Prosecution demanded probation and fine
The prosecution demanded probation and a fine for Hoecke. They requested an eight-month suspended sentence. Additionally, Hoecke should pay 10,000 euros to a charitable organization such as the Buchenwald Memorial. Prosecutor Benedikt Bernzen stated in his closing argument.
"Mr. Hoecke used the speech only as a pretext to spread the slogan again," Bernzen found. The politician knew that his speech would be disseminated on the internet afterwards. Bernzen also argued for an order of the court that Hoecke should not hold any public offices for two years. This demand was not granted by the court. "The fine is sufficient," said Judge Stengel.
Defense: "unintended call" of the public
Defense lawyer Florian Gempe emphasized that Hoecke had broken off speaking at that point to avoid punishment. He spoke of an "unintended call" of the public.
The defendant also criticized the fact that no expert witness was heard. The court had wanted this themselves at first. A historian was cancelled after it was discovered that he had expressed negative opinions about the AfD.
First judgment fell in May
Due to the same verdict, Höcke was sentenced to a fine of a total of 13,000 euros on May 14, 2021. He had used the slogan at a campaign event in Sachsen-Anhalt, Merseburg. The decision is legally valid, as Höcke filed a revision.
For Höcke, the second trial in Halle is not yet the last. The Landgericht Mühlhausen in Thüringen has allowed a charge against the politician regarding the allegation of incitement to hatred against him. It concerns a Telegram post from Höcke in 2022 about a violent incident in Ludwigshafen and the alleged behavior of many immigrants. No trial dates have been set yet.
At the Thuringian state elections on September 1, the former history teacher intends to run as the AfD's leading candidate. His party is classified as reliably extremist right-wing by the Thuringian Constitution Protection.
The public prosecutor's office in Thuringia brought charges against Björn Höcke for using a Nazi slogan, specifically "Alles für Deutschland," which he used at an AfD gathering in Gera and a campaign event in Merseburg, Saxony-Anhalt. The judge, Jan Stengel, rejected Hoecke's claims of political justice and stated that he knew the slogan's implications. During the trial, Hoecke's defense argued that he didn't know the slogan's Nazi connotations and that it played a minor role in the SA. Prosecutor Benedikt Bernzen, however, found that Hoecke used the slogan deliberately to spread it further. In the first trial, Hoecke was fined 13,000 euros due to the same offense in Merseburg, Saxony-Anhalt. The prosecution also demanded a suspended sentence and a fine for Hoecke, along with a donation to the Buchenwald Memorial. In the second trial, Hoecke was convicted to pay 130 fines of 130 euros each for using the symbol of an unconstitutional organization. His lawyers are considering an appeal. Despite the conviction, Höcke plans to run as the AfD's leading candidate in the Thuringian state elections on September 1. The Thuringian Constitution Protection classifies the AfD as reliably extremist right-wing.
