- The Courts' Decision: Scribbling in Concentration Camps Accomplished Aid to Mass Extermination
In a significant ruling, the Federal Court of Justice (Bundesgerichtshof) affirmed that a civilian secretary working in a concentration camp during the National Socialist era could be complicit in mass murder. This conclusion was drawn in a landmark case involving Irmgard F., a 99-year-old former typist at the Stutthof concentration camp near Danzig.
The Regional Court of Itzehoe had initially sentenced Irmgard F. to two years of youth probation for aiding and abetting murder in 10,505 instances and attempted murder in 5 cases. This verdict was upheld by the 5th Criminal Senate of the BGH, making it final.
This case marks one of the final criminal proceedings to address the National Socialist mass killings. Being the first time a civilian employee was held accountable, the trial was historically significant. Both the trial proceedings and the decision announcement were recorded for the Federal Archives.
Typist's Role in Aiding and Abetting
As a 18- to 19-year-old typist, Irmgard F. worked in the command office of the Stutthof concentration camp from June 1943 to April 1945. The court argued that almost all correspondence related to the camp passed through her desk. She maintained a close relationship with the camp commander, Paul Werner Hoppe.
The secretary is accused of aiding in the deaths of inmates through the camp's inhumane conditions, death transports, and a gas chamber. Between 1939 and 1945, the Arolsen Archives estimate around 110,000 individuals from 28 countries were imprisoned in Stutthof and its satellite camps, with nearly 65,000 not surviving.
Through her work, Irmgard F. assisted the camp's responsible parties in the systematic killing of inmates. Even supporting activities could be legally considered aiding and abetting murder, as per the BGH. Irmgard F.'s dedication to her role provided both physical and psychological assistance.
Defense's Unsuccessful Appeal
The defense of Irmgard F. filed an appeal, arguing that intent could not be proven against her, as it was not established that she was aware of the camp's activities. They also claimed that the typist's work did not differ significantly from her previous banking job and that she performed neutral tasks.
However, the findings of the Regional Court of Itzehoe suggested that Irmgard F. was well-informed about the camp's activities. Her workplace overlooked a portion of the camp grounds, the crematorium's chimney was visible to her, and she was aware of the inmates' miserable conditions.
Neutral Role No Longer Applicable
Moreover, Irmgard F. recognized the criminal activities of the main perpetrators, including camp commander Hoppe, from the start of her employment. By serving them loyally, she supported their criminal actions, rendering her actions no longer neutral.
Paul Werner Hoppe was charged with aiding and abetting murder in 1957, but only for a few hundred people. According to the presiding judge, Gabriele Cirener, this classification was unjustified. It was a result of the flawed historical prosecution practices of Nazi criminals in Germany.
Elderly former concentration camp staff members have faced trials in recent years, shifting the focus from individuals in leadership positions, murderers, or excess perpetrators to general service in camps where systematic mass murders occurred. The trial against John Demjanjuk, convicted for his activities in the Sobibor extermination camp in 2011, set a precedent for this change.
Irmgard F.'s lawyers, including attorney Wolf Molkentin, praised the BGH's ruling. Her cooperation during the initial trial was limited, as she mostly remained silent. In her final statement, however, she expressed regret for being in Stutthof during that time.
Lawyers for the remaining 23 co-defendants also showed satisfaction with the verdict. The client residing in Israel would likely feel relieved and happy, according to lawyer Christine Siegrot. "He is not a vengeful spirit. It was less about the defendant personally, but rather about transparency and establishing the truth about Stutthof."
The president of the Central Council of Jews, Josef Schuster, welcomed the decision, stating that it showed the legal system's determination to not draw a line beneath the Nazi crimes. "Murder does not prescribe - neither legally nor morally," he said.
Despite working in a role as a typist in the Stutthof concentration camp during the National Socialist era, Irmgard F.'s actions were found to be complicit in mass murder by the German courts, as she assisted the camp's responsible parties in the systematic killing of inmates. The case against Irmgard F., a civilian employee of Germany, marked one of the final criminal proceedings to address the National Socialist mass killings.
