NSU supporter André E. A judgment that raises questions.

Status: 05/17/2020 10:25 a.m..

For the self-confessed neo-Nazi André E., the NSU trial ended two years ago with a surprisingly mild verdict. Now the written grounds for the judgment are available – but the question of why remains.

By Thies Marsen, BR.

Review: July 11, 2018 – the day of the judgment in the NSU trial. After five years of trial, the main defendant Beate Zschäpe is sentenced to life imprisonment, as expected. For other defendants, however, the sentence is significantly lower than that requested by the Federal Prosecutor’s Office.

For example with the former NPD functionary Ralf Wohlleben, who among other things procured the murder weapon, but above all with the NSU supporter André E. Instead of twelve years imprisonment, as demanded by the federal prosecutor, E. receives only two and a half years.

On the same day he was released from custody – to the horror of the relatives of the NSU murder victims and their lawyers. Carsten Illius, lawyer of Elif Kubaşık, the widow of Dortmund’s murder victim Mehmet Kubaşık, explains while the verdict is being pronounced:

“I am completely shocked, my client is stunned. She left the room earlier because she refused to listen to the reasons for the verdict. E. and Wohlleben, two of the most important supporters of the NSU, are punishable at the lower end of the sentence That is a triumph for the Nazi scene. And that as the conclusion of this legal process, which the injured parties have hoped will be clarified and a certain peace of mind. “

Now, almost two years later, the written grounds for the judgment are available. And so the question arises again: Why did the Higher Regional Court let the defendant André E. get away with it so lightly?

NSU revision – what’s next?

Nazi with skin and hair.

E. had his lawyers announce in the NSU trial that he was a National Socialist with skin and hair. The fact that he is ready to enforce his political goals by force is not only suggested by an article in a neo-Nazi magazine he published, but also by the large tattoo on his stomach: “Die Jew Die” – translated: “Die Jew, die.” “.

It is undisputed: E. was one of the closest friends and supporters of the NSU core trio for years and has rented mobile homes for the two murderers Uwe Mundlos and Uwe Böhnhardt several times. They used them for robberies and an explosives attack in Cologne, in which a young person was seriously injured. For the federal prosecutor it was therefore clear: E. is guilty of complicity in attempted murder and particularly serious robbery.

Federal Prosecutor Herbert Diemer stated in autumn 2017 after his plea: “There are several serious crimes that are charged to him, there are hardly any mitigating reasons such as a confession or remorse and that leads to an overall sentence of twelve years for is appropriate for us. “

Revision in the case of André E.

The surprising U-turn of the OLG.

In fact, it looked as if the Munich Higher Regional Court would follow this line of argument. E., who had been at large during the entire trial, was arrested in the courtroom immediately after the prosecution’s pleading. The criminal senate under its chairman Manfred Götzl issued an arrest warrant.

It says: E. is urgently suspected of having deliberately supported the NSU in its actions.

All the more surprising is the U-turn that the court takes three quarters of a year later anews.website in its oral judgment: E. is only convicted for having obtained fake train cards for the NSU and only receives two and a half years in prison. His immediate release was cheered by the neo-Nazis in the auditorium in the courtroom. Co-prosecutor Antonia von der Behrens cannot explain the open contradiction between the judgment and the arrest warrant to this day:

“In the arrest warrant, the judges clearly argued that André E. was so close to the NSU core trio that he must of course have been inaugurated. Especially when you look at how close he was to them ideologically. And it is It is completely unclear why they turn the same line of argument around nine months later and say: He was not close to them at all and he never had any reason to assume that they were doing anything other than going on holiday with their motorhome. “

“This is so alien”

In the written grounds for the judgment, the Higher Regional Court proudly spends 140 pages explaining why André E. could not have known anything about the murders, assassinations and robberies of the NSU. And the judges explain: Although the staunch neo-Nazi E. knew and shared the racist attitude of the NSU, he also knew that Böhnhardt, Mundlos and Zschäpe had obtained explosives and built pipe bombs before they went into hiding. But he could not in any way deduce from this that the three would be serious.

“It is actually incomprehensible that the court thinks: E. could not foresee that deeds result from words. Because that is exactly what was propagated in the scene at this time: We have to follow words with deeds”, says victim lawyer von der Behrens. “And then to claim: He couldn’t assume it – that’s just so unreal, especially when you know how radical E. was himself.”