People's Court (Germany)

The People's Court (German: Volksgerichtshof) was a Sondergericht ("special court") of Nazi Germany, set up outside the operations of the constitutional frame of law. Its headquarters were originally located in the former Prussian House of Lords in Berlin, later moved to the former Königsberg Wilhelmsgymnasium at Bellevuestrasse 15 in Potsdamer Platz (the location now occupied by the Sony Center; a marker is located on the sidewalk nearby).[1]

The court was established in 1934 by order of Nazi leader Adolf Hitler, in response to his dissatisfaction at the outcome of the Reichstag fire trial, in which all but one of the defendants was acquitted. The court had jurisdiction over a rather broad array of "political offenses", which included crimes like black marketeering, work slowdowns, defeatism, and treason against the Third Reich. These crimes were viewed by the court as Wehrkraftzersetzung ("disintegration of defensive capability") and were accordingly punished severely; the death penalty was meted out in numerous cases.

The Court handed down an enormous number of death sentences under Judge-President Roland Freisler, including those that followed the plot to kill Hitler on 20 July 1944. Many of those found guilty by the Court were executed in Plötzensee Prison in Berlin. The proceedings of the court were often even less than show trials in that some cases, such as that of Sophie Scholl and her brother Hans Scholl and fellow White Rose activists, trials were concluded in less than an hour without evidence being presented or arguments made by either side. The president of the court often acted as prosecutor, denouncing defendants, then pronouncing his verdict and sentence without objection from defense counsel, who usually remained silent throughout. It almost always sided with the prosecution, to the point that being hauled before it was tantamount to a death sentence. While Nazi Germany was not a rule of law state, the People's Court frequently dispensed with even the nominal laws and procedures of regular German trials, and was thus easily characterized as a kangaroo court.

Bundesarchiv Bild 151-39-23, Volksgerichtshof, Reinecke, Freisler, Lautz
A session of the People's Court, trying the conspirators of the 20 July plot, 1944. From left: General der Infanterie Hermann Reinecke; Dr. Roland Freisler, president of the court; Ernst Lautz, chief public prosecutor

Manner of proceedings

With almost no exceptions, cases in the People's Court had predetermined guilty verdicts. There was no presumption of innocence nor could the defendants adequately represent themselves or consult counsel. A proceeding at the People's Court would follow an initial indictment in which a state or city prosecutor would forward the names of the accused to the Volksgerichtshof for charges of a political nature. Defendants were hardly ever allowed to speak to their attorneys beforehand and when they did the defense lawyer would usually simply answer questions about how the trial would proceed and refrain from any legal advice. In at least one documented case (the trial of the "White Rose" conspirators), the defense lawyer assigned to Sophie Scholl chastised her the day before the trial, stating that she would pay for her crimes.

The People's Court proceedings began when the accused were led to a prisoner's dock under armed police escort. The presiding judge would read the charges and then call the accused forward for "examination". Although the court had a prosecutor, it was usually the judge who asked the questions. Defendants were often berated during the examination and never allowed to respond with any sort of lengthy reply. After a barrage of insults and condemnation, the accused would be ordered back to the dock with the order "examination concluded".

After examination, the defense attorney would be asked if they had any statements or questions. Defense lawyers were present simply as a formality and hardly any ever rose to speak. The judge would then ask the defendants for a statement during which time more insults and berating comments would be shouted at the accused. The verdict, which was almost always "guilty", would then be announced and the sentence handed down at the same time. In all, an appearance before the People's Court could take as little as fifteen minutes.

Prior to the Battle of Stalingrad, there was a higher percentage of cases in which not guilty verdicts were handed down on indictments. In some cases, this was due to defense lawyers presenting the accused as naive or the defendant adequately explaining the nature of the political charges against them. However, in nearly two-thirds of such cases, the defendants would be re-arrested by the Gestapo following the trial and sent to a concentration camp. After the defeat at Stalingrad, and with a growing fear in the German government regarding defeatism amongst the population, the People's Court became far more ruthless and hardly anyone brought before the tribunal escaped a guilty verdict.[2]

Trials of August 1944

Bundesarchiv Bild 151-12-16, Volksgerichtshof, Erwin v. Witzleben
Erwin von Witzleben appears before the People's Court.
Bundesarchiv Bild 151-10-45, Volksgerichtshof, Hellmuth Stieff
Helmuth Stieff at the court.

The best-known trials in the People's Court began on 7 August 1944, in the aftermath of the 20 July plot that year. The first eight men accused were Erwin von Witzleben, Erich Hoepner, Paul von Hase, Peter Yorck von Wartenburg, Helmuth Stieff, Robert Bernardis, Friedrich Klausing, and Albrecht von Hagen. The trials were held in the imposing Great Hall of the Berlin Chamber Court on Elßholzstrasse,[3] which was bedecked with swastikas for the occasion. There were around 300 spectators, including Ernst Kaltenbrunner and selected civil servants, party functionaries, military officers and journalists. A film camera ran behind the red-robed Roland Freisler so that Hitler could view the proceedings, and to provide footage for newsreels and a documentary entitled Traitors Before the People's Court.[4] Intended to be a part of Die Deutsche Wochenschau, it was not shown at the time, and turned out to be the last documentary made for the newsreel.[4]

The accused were forced to wear shabby clothes, denied neck ties and belts or suspenders for their pants, and were marched into the courtroom handcuffed to policemen. The proceedings began with Freisler announcing he would rule on "...the most horrific charges ever brought in the history of the German people." Freisler was an admirer of Andrey Vyshinsky, the chief prosecutor of the Soviet purge trials, and copied Vyshinsky's practice of heaping loud and violent abuse on defendants.

The 62-year-old Field Marshal von Witzleben was the first to stand before Freisler and he was immediately castigated for giving a brief Nazi salute. He faced further humiliating insults while holding onto his trouser waistband. Next, former Colonel-General Erich Hoepner, dressed in a cardigan, faced Freisler, who addressed him as "Schweinehund". When he said that he was not a Schweinehund, Freisler asked him what zoological category he thought he fitted into.

The accused were unable to consult their lawyers, who were not seated near them. None of them were allowed to address the court at length, and Freisler interrupted any attempts to do so. However, Major General Helmuth Stieff attempted to raise the issue of his motives before being shouted down, and Witzleben managed to call out "You may hand us over to the executioner, but in three months' time, the disgusted and harried people will bring you to book and drag you alive through the dirt in the streets!" All were condemned to death by hanging, and the sentences were carried out shortly afterwards in Plötzensee Prison.

Another trial of plotters was held on 10 August. On that occasion the accused were Erich Fellgiebel, Alfred Kranzfelder, Fritz-Dietlof von der Schulenburg, Georg Hansen, and Berthold Schenk Graf von Stauffenberg.

On 15 August, Wolf-Heinrich Graf von Helldorf, Egbert Hayessen, Hans Bernd von Haeften, and Adam von Trott zu Solz were condemned to death by Freisler.

On 21 August, the accused were Fritz Thiele, Friedrich Gustav Jaeger, and Ulrich Wilhelm Graf Schwerin von Schwanenfeld who was able to mention the "...many murders committed at home and abroad" as a motivation for his actions.

On 30 August, Colonel-General Carl-Heinrich von Stülpnagel, who had blinded himself in a suicide attempt, was led into the court and condemned to death along with Caesar von Hofacker, Hans Otfried von Linstow, and Eberhard Finckh.

Bombing of the People's Court

Bundesarchiv B 145 Bild-P054489, Berlin, Ruine des Volksgerichtshofes
Ruins of the People's Court, as photographed in 1951

Field Marshal von Witzleben's prediction with regards to Roland Freisler's fate proved slightly incorrect, as he died in a bombing raid in February 1945, approximately half a year later.[5][6]

On 3 February 1945, Freisler was conducting a Saturday session of the People's Court, when USAAF Eighth Air Force bombers attacked Berlin. Government and Nazi Party buildings were hit, including the Reich Chancellery, the Gestapo headquarters, the Party Chancellery and the People's Court. According to one report, Freisler hastily adjourned court and had ordered that day's prisoners to be taken to a shelter, but paused to gather that day's files. Freisler was killed when an almost direct hit on the building caused him to be struck down by a beam in his own courtroom.[..] His body was reportedly found crushed beneath a fallen masonry column, clutching the files that he had tried to retrieve. Among those files was that of Fabian von Schlabrendorff, a 20 July Plot member who was on trial that day and was facing execution.[..]

According to a different report, Freisler "was killed by a bomb fragment while trying to escape from his law court to the air-raid shelter", and he "bled to death on the pavement outside the People's Court at Bellevuestrasse 15 in Berlin." Fabian von Schlabrendorff was "standing near his judge when the latter met his end."[..]

Freisler's death saved Schlabrendorff, who after the war became a judge of the Constitutional Court of the Federal Republic of Germany (Bundesverfassungsgericht).

Gedenktafel Bellevuestr 3 (Tierg) Volksgerichtshof
The memorial plaque outside the Sony Center at Bellvuestrasse 3 in Berlin, marking the former location of the People's Court

Yet another version of Freisler's death states that he was killed by a British bomb that came through the ceiling of his courtroom as he was trying two women, who survived the explosion.[..]

A foreign correspondent reported, "Apparently nobody regretted his death."[..] Luise Jodl, then the wife of General Alfred Jodl, recounted more than 25 years later that she had been working at the Lützow Hospital when Freisler's body was brought in, and that a worker commented, "It is God's verdict." According to Mrs Jodl, "Not one person said a word in reply."[..]

Freisler is interred in the plot of his wife's family at the Waldfriedhof Dahlem cemetery in Berlin. His name is not shown on the gravestone.

Notable people sentenced to death by the Volksgerichtshof

Judge-Presidents of the People's Court

Name Took office Left office Time in office
1
Fritz Rehn
Fritz Rehn
(1893–1972)
13 July 193418 September 1934 †67 days
-
Wilhelm Bruner [de]
Wilhelm Bruner
(1875–1939)
Acting
19 September 193430 April 19361 year, 224 days
2
Otto Georg Thierack
Otto Georg Thierack
(1889–1946)
1 May 193620 August 19426 years, 111 days
3
Roland Freisler
Roland Freisler
(1893–1945)
20 August 19423 February 1945 †2 years, 167 days
-
Wilhelm Crohne [de]
Wilhelm Crohne
(1880–1945)
Acting
4 February 194511 March 194535 days
4
Harry Haffner
Harry Haffner
(1900–1969)
12 March 194524 April 194543 days

Legal aftermath after World War II

In 1956 the German Federal High Court of Justice (Bundesgerichtshof) granted the so-called "Judges' Privilege" to those that had been part of the Volksgerichthof. This prevented the prosecution of the former Volksgerichthof members on the basis that their actions had been legal under the laws in effect during the Third Reich.

The only member of the Volksgerichthof ever to be held liable for his actions was Chief Public Prosecutor Ernst Lautz, who in 1947 was sentenced to 10 years of imprisonment by a US Military Tribunal, during the Judges' Trial, one of the "subsequent Nuremberg proceedings". Ernst Lautz was pardoned after serving less than four years of his sentence and was granted a government pension. One People’s Judge of Bremen Heino von Heimburg died 1945 a POW in USSR.

Of the other approximately 570 judges and prosecutors, none were held responsible for their actions related to the Volksgerichtshof. In fact, many had careers in the West-German post-war legal system:

  • Paul Reimers: Regional court judge in Ravensburg
  • Hans-Dietrich Arndt: Chief judge, Koblenz district court.
  • Robert Bandel: Chief district judge in Kehl
  • Karl-Hermann Bellwinkel: First district attorney in Bielefeld
  • Erich Carmine: Court judge in Nuremberg
  • Christian Dede: Director of the Hannover district court
  • Johannes Frankenberg: Court judge in Münnerstadt
  • Andreas Fricke: Court judge in Braunschweig
  • Konrad Höher: District attorney in Cologne

See also

References

  1. ^ CRIME, GUNS, AND VIDEOTAPE: Meet "The People's Court"
  2. ^ Roberts, G., Victory at Stalingrad: The Battle That Changed History, Routledge (2002), ISBN 0582771854
  3. ^ H.W.Koch (1997). In the Name of the Volk: Political justice in Hitler's Germany. I B Tauris & Co Ltd. ISBN 978-1-86064-174-9.
  4. ^ a b Robert Edwin Hertzstein, The War That Hitler Won p283 ISBN 0-399-11845-4
  5. ^ Ian Kershaw (2000). Hitler 1936–1945: Nemesis. Penguin Press. ISBN 0-393-32252-1.
  6. ^ Joachim Fest (1994). Plotting Hitler's Death: The German Resistance to Hitler, 1933–1945. Weidenfeld & Nicolson. ISBN 0-297-81774-4.
  7. ^ William Shirer, The Rise and Fall of the Third Reich, pp 1393
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List of special tribunals and courts

This is a list of special or exceptional tribunals and courts for the trying of people. Sometimes, courts that don't try people but curtail political freedoms are also derogatively called "special tribunals," as well as court that establish a privileged jurisdiction for powerful individuals or the government. List coverage is through history and worldwide.

Revolutionary Tribunal (France, 1792–1795)

Exchequer Court of Canada (Canada, 1875–1971)

Canadian Human Rights Commission (Canada, 1977–)

Special Tribunal for the Defense of the State (Italy, 1926–1943)

Sondergerichte (Germany, 1933–1945)

People's Court (Germany) (Germany, 1934–1945)

Special Tribunal for the Defense of the RSI State (Italy, 1943–1945)

Court of Parties (Egypt, 1977–)

Tribunal de Orden Público (Spain, 1963–1977)

Audiencia Nacional of Spain (Spain, 1977–)

Iraqi Special Tribunal (Iraq, 2003–)

Special Tribunal for Lebanon (2009–)

Marietta Martin

Marietta Martin (1902–1944) was a French writer, journalist and French Resistance worker. She was an editor of La France Continue, a clandestine Resistance newspaper, transformed, after her death, into Ici Paris.

People's Court (Bavaria)

The People's Courts of Bavaria (Volksgerichte) were Sondergerichte (special courts) established by Kurt Eisner during the German Revolution in November 1918 and part of the Ordnungszelle that lasted until May 1924 after handing out more than 31,000 sentences. It was composed of two judges and three lay judges. One of its most notable trials was that of the Beer Hall Putsch conspirators, including Adolf Hitler, Erich Ludendorff, Wilhelm Frick, Friedrich Weber, and Ernst Röhm, which lasted from 26 February 1924 until 1 April 1924.Initially established in each court district by the Order of 16 November 1918 (Verordnung vom 16 November 1918) by the government of Kurt Eisner, it was furthered by the government of Johannes Hoffmann in the Law on the Establishment of People's Courts in Civil Disturbances of 12 July 1919 (Gesetz über die Einsetzung von Volksgerichten bei inneren Unruhen vom 12 Juli 1919). An agreement between the federal government and the government of Bavaria had fixed the deadline for the abolition of the courts on 1 April 1924. In this form they remained until May 1924 after handing out more than 31,000 sentences. Initially intended as a short-term solution for events surrounding the German Revolution, they became seen as part of the Ordnungszelle.

People of the Red Orchestra

This list includes the participants, associates and helpers of the resistance groups, which were designated by the Gestapo with the collective term Red Orchestra (German: Die Rote Kapelle) or the Red Chapel as it was known in Germany, and included the persons who were arrested by the Gestapo. As the SS-Sonderkommando also took action against information networks within Switzerland, people who worked there are included here.

Presumption of guilt

Presumption of guilt, in Latin, ei incumbit probatio qui negat, non qui dicit (the burden of proof is on the one who denies, not on one who declares), is the principle that one is considered guilty unless proven innocent. Generally, this is an argument from ignorance, a philosophical concept in which a thing is assumed to be true because not proved false.

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