In the case of the murdered Kassel District President Walter Lübcke The perpetrator was sentenced to life imprisonment last year. Now the Federal Court of Justice confirms the verdict, it is final.
The verdict in the Walter Lübcke murder case is final. The Federal Court of Justice (BGH) rejected all revisions on Thursday – including those from the surviving relatives of the former Kassel district president, the accused and the Federal Public Prosecutor’s Office. The presiding judge of the third criminal senate, Jürgen Schäfer, spoke of an “error-free assessment of evidence” by the Higher Regional Court (OLG) Frankfurt am Main – both with regard to the guilty verdicts and the acquittals.
The OLG had sentenced the right-wing extremist Stephan Ernst to life imprisonment in January 2021 and determined the particular gravity of the guilt. An early release from prison after 15 years is legally possible, but in practice it is almost impossible. The Higher Regional Court had considered it proven that the 48-year-old Ernst had killed the CDU politician Lübcke late in the evening on June 1, 2019 at home on his terrace at close range with a shot in the head. He had projected his xenophobia onto Lübcke since he had spoken out in favor of taking in refugees at a town meeting years earlier. The Higher Regional Court acquitted a co-accused for aiding and abetting.
Walter Lübcke’s family called for revision of the co-defendant
From the point of view of the Federal Court of Justice, the Higher Regional Court correctly assessed Ernst’s act, in particular the murder characteristics of malice and base motives. Lübcke was suspect that evening and therefore defenseless, he had no chance. “The means of political debate is the word, not violence,” said Judge Schäfer during the approximately 45-minute verdict. (Az. 3 StR 359/21)
The OLG had sentenced the co-defendant Markus H., a friend of Ernst from the right-wing scene, to a suspended sentence of one and a half years for a weapons offense – but not as accused of being an accessory to the murder of Lübcke. He was released in October 2020.
The OLG’s assessment of the evidence does not show any fundamental legal error on this point either, said BGH judge Schäfer. Among other things, no traces of the accused were found at the crime scene. The BGH only examined the OLG judgment for legal errors. He heard no witnesses and presented no evidence.
The family of the CDU politician and the federal prosecutor’s office had primarily complained about the partial acquittal for Markus H. From their point of view, the 46-year-old played a much more central one. He practiced shooting with Ernst and strengthened his will to act. The survivors even consider him a direct accomplice.
“It is important for us that we learn the whole truth”
The widow Irmgard Braun-Lübcke said in the hearing at the Federal Court of Justice at the end of July: “It is important for us that we learn the whole truth.” The judgment so far leaves a number of questions unanswered. It’s all about the last minutes of her husband’s life: Was there another exchange of words, was he shot in an ambush?
The murder of her husband, the father of her two sons, the grandfather of her four grandchildren, is now part of her life, said Braun-Lübcke. The family has to deal with it. Sometimes it works better, sometimes not so well, she said. “With this murder not only his life was destroyed, but also some of ours.”
Judge Schäfer spoke on Thursday of “impressive words” that were remembered. The family’s desire for more detailed information is understandable. The fact that this did not happen was due to the concrete evidence and not to the indignation of the Higher Regional Court.
In addition to the Lübcke case, the proceedings also involved an attack on an Iraqi asylum seeker. Someone attacked the man in early 2016 and stabbed him in the back. The federal prosecutor considers Ernst to be the perpetrator, but could not convince the courts. The victim also appeared as a joint plaintiff.
Source: Stern
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