She brought the Oury Jalloh case to the Federal Court of Justice: Gabriele Heinecke, 2014 in Karlsruhe
Photo: Uli Deck/DPA
In the summer of 2009, the former officer of the 1st mountain hunter division Josef Scheungraber from Ottobrunn near Munich was charged with the jury of the Munich I for murder. He was charged to have carried out a massacre on the residents in the northern Italian village of Falzano di Cortona on June 26, 1944. The negotiation under the direction of judge Manfred Götzl rippled. In the accused’s survey, he claimed that the massacre did not even have been there. At the time of the crime, he was busy repairing a bridge without the mountain hunter unit assumed to him, which is why he could have had nothing to do with the massacre.
After the survey had been completed by the court and the public prosecutor, the lawyer Gabriele Heinecke received the floor. She represented the interests of 14 offspring of the murdered from Falzano di Cortona. Previously, when you visited her, you found out that a co -lawsuit was possible in criminal proceedings in the Federal Republic. Heinecke asked questions about the command chains in the mountain hunter unit in court. She wanted to know how Scheungraber had specifically worked together as an officer with his subordinates. As a result, Richter Götzl also got into a train. After the facts that were opened by Heinecke in the first place in this criminal matter, he saw himself to ask the accused again.
Heinecke knew about the historically completely unsuccessful criminal prosecution of Wehrmacht crimes against German courts, which is why she was also involved outside the courtroom. Thanks to her appearance, the former Wehrmacht officer Scheungraber was finally sentenced to lifelong imprisonment by the Munich District Court for murder in August 2009.
Heinecke has been working as a lawyer for more than 40 years. Last Saturday, the Fritz Bauer Prize was awarded her in Berlin by the Humanan Rights Organization Humanistic Union (HU). During the award ceremony in the House of Democracy and Human Rights, Stefan Hügel, Federal Chairman of the HU, referred to the diverse merits of Heinecke in the legal representation of people, “who were committed and damaged by states and their organs.”
Hügel emphasized the years of use of Heinecke in criminal proceedings Oury Jalloh against Dessau police officers after Oury Jalloh was burned in the cell of a police station in 2005. Also their participation in the legal processing of Distomo’s Nazi massacre of June 10, 1944 in Greece, in which 218 residents had been killed, and in the process against the perpetrators of the Sant’anna di Stazzema massacre by men of the Waffen-SS on August 12, 1944, which had fallen victim to over 500 people.
She also took over the criminal defense for SAFWAN EID, who was accused after the arson attack on a Lübeck asylum seeker home as a living resident of the ten -time murder, while the traces in the right -wing radical milieu were little interested in the investigators. After a three -year process, oath was acquitted. In this criminal proceedings and in the Dessau police in the Oury Jalloh case, Heinecke, based on his own research, provided the order of fire protection experts. And these were fundamentally questioned by courts and the public prosecutors previously alleged.
In his laudation, the criminal law scientist Jörg Arnold put the concept of a “left-wing lawyer” Heinecke in a row with the lawyers Heinrich Hannover and Christian Ströbele, who were also awarded the Fritz Bauer Prize by the Humanistic Union. Arnold described a number of stations from the political and professional life of Heinecke, who has been a lawyer since 1981, and praised her participation in political actions, for example the occupation of the Hamburg immigration office or the foyer of the Hamburg citizenship with the aim of protesting against migrants. Sometimes the political protest has to be emphatic, even if it brings a criminal proceedings.
According to Arnold, the award ceremony should also be understood as a tribute to the threats of criminal defense and for a self-understanding of criminal defense as a human right “as a human right. He currently stated “in view of the world and in the large and in small” moments of “hopelessness and pessimism”, which Heinecke resisted with her calmly and tirelessly combative commitment and stand out.
In her acceptance speech, Heinecke reported on the difficulty in the legal education of state crimes in cases like Distomo, Sant’anna di Stazzema and Oury Jalloh. Using the example of the legal processing of the massacre in Distomo and the previously unsuccessful battle for reparation payments by Germany as a “crime thriller”, she explained: »The German souvenir culture celebrates itself as exemplary. In truth, it primarily serves to staging. It’s not about fulfilling the victims of fascism. The Distomo case clearly shows this. Talks with survivors about compensation are denied. It is also publicly claimed that it has long been paid. Most victims of war crimes have never received compensation. Instead, Germany exerts political pressure and sues the once attacked states because their judiciary has sentenced Germany to compensation payments. «
An exhibition of the AK Distomo, which was seen at the award ceremony, documented the years of struggle for compensation.
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