Verdict: Author may view files on Einstein murder
A journalist has been granted access to the investigation files into the murder of the family of Robert Einstein - a cousin of Nobel Prize winner Albert Einstein - at the beginning of August 1944 following a court ruling. The public prosecutor's office in Frankenthal (Palatinate) is obliged to grant access, the Neustadt Administrative Court announced on Monday following a ruling on November 7 (5 K 75/23.NW).
Robert Einstein's wife and two daughters were killed by German soldiers near Florence (Italy). The murders were the subject of investigations by the Frankenthal public prosecutor's office against a former captain and other members of a Wehrmacht unit. The proceedings were discontinued at the beginning of 2014 as there was no initial suspicion of criminal conduct, it was said.
A request by British journalist and author Thomas Harding to view the investigation file was rejected by the public prosecutor's office. He sued - and was upheld by the administrative court: the judges ruled that there was "still an outstanding public interest in the press investigation due to the historical dimension of the criminal investigation of crimes from the Nazi era".
It was not enough to simply answer specific questions; the inspection of the files had to be granted. Only in this way could the entire facts of the case be assessed and understood. This also applies to the circumstances surrounding the discontinuation of proceedings in 2014, the court stated. Private interests worthy of protection do not stand in the way of access. The ruling is not yet legally binding.
The court's decision to grant access to the investigation files raises questions about the initial judgements made in the case, given the historical significance of crimes from the Nazi era. Ensuring justice in this situation requires a thorough examination of all available evidence, including the contents of the files.
Source: www.dpa.com
