- Inquired about the matter of "familial respect" or "ancestral dignity"?
Second Chance for a 38-Year-Old in Pforzheim Court: After a successful appeal at the Federal Court of Justice (BGH), a man faces trial again for attempted murder of his wife.
The court had imposed a sentence of 13 years and 6 months imprisonment on him in the spring of the previous year. The court ruled that he had intentionally pushed his wife, the mother of their four children, off the fourth-floor balcony of their Pforzheim apartment in June 2022.
Was it due to 'family honor'?
She allegedly fell onto the balcony below. Then, the defendant reportedly jumped down and allegedly struck and strangled her. As neighbors heard her screams and opened their balcony door, the man is said to have dragged his wife through the apartment by her hair and continued to assault and strangle her in the stairwell. The victim lost consciousness, and the defendant fled.
"The defendant aimed to kill her to reinstate 'family honor'," the prosecution claims. The victim had separated from her husband three years earlier.
Defense's Concerns
The Turkish defendant had denied the charges in the initial trial. His lawyer found the balcony-throwing account unconvincing for several reasons. However, the appeal to the BGH was successful due to different reasons.
BGH Alleged Procedural Rights Violation
The highest German criminal court criticized the first trial for violating the European Convention on Human Rights. The defendant, who only speaks basic German, did not receive a written Turkish translation of the indictment.
A defendant can only effectively influence a verdict if they fully understand the case details. A verbal translation of the indictment is only satisfactory in rare cases.
What Could the Defendant Comprehend?
The 38-year-old communicates predominantly in Kurdish, as per his lawyer. He learned to read in Turkish in school. The BGH did not rule out the possibility that the verdict could have been influenced by information gaps for the defendant. He presented contradictory accounts in several parts compared to the charges.
Victim in Witness Protection
Twenty witnesses, including experts and the victim and one of her children, will be heard in seven trial sessions until the end of September. The woman, who spent several days in the hospital following the attack, is in a witness protection program.
The defendant's lawyer has expressed doubts about a fair trial in the second trial. He has filed a recusal motion against the judges, citing signs of reluctance to clarify the issues in the tightly scheduled witness examinations.
The victim, who is the mother of the defendant's four children, is currently in a witness protection program due to the events. Despite the upcoming trial, the defendant's lawyer has expressed concerns about a fair trial. The children might find it challenging to process the rehearsal of the harrowing events in court.
