Kassel’s district president Lübcke was shot dead more than three years ago. A right-wing extremist was convicted and another man was acquitted. The Federal Court of Justice has now examined the verdict.
Because of the murder of the Kassel district president Walter Lübcke, a right-wing extremist has to go to prison for a long time. For the family of the CDU politician, the supreme court judgment of the Federal Court of Justice (BGH) still leaves urgent questions unanswered.
The fact that the judges in Karlsruhe confirmed the acquittal of a co-defendant was “a very painful decision for the bereaved,” said Dirk Metz, a family representative, immediately after the announcement.
The BGH had previously rejected all appeals against the judgment of the Higher Regional Court (OLG) in Frankfurt am Main. The presiding judge of the third criminal senate, Jürgen Schäfer, spoke of an “error-free assessment of the evidence” by the OLG – both with regard to the guilty verdicts and the acquittals. (Az. 3 StR 359/21)
The right-wing extremist Stephan Ernst had confessed to having shot Lübcke in the head at close range on June 1, 2019 late in the evening at home on his terrace. From the point of view of the Higher Regional Court, the 48-year-old had projected his xenophobia onto Lübcke since he had publicly spoken out in favor of taking in refugees years earlier. It sentenced 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.
Lübcke was unsuspecting and therefore defenseless that evening, emphasized BGH judge Schäfer. “He didn’t stand a chance against the deadly attack.” In the opinion of its Senate, the Higher Regional Court correctly assessed Ernst’s deed, in particular the murder characteristics of malice and base motives. Schäfer emphasized: “The means of political debate is the word, not violence.”
It remains with the suspended sentence for co-accused
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 weapon offense – but not as accused of being an accessory to the murder of Lübcke. He was released in October 2020.
The Frankfurt court’s assessment of the evidence did not show any fundamental error of law on this point either, said 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.
H.’s defense attorney Björn Clemens said: “The most important thing is that our client was acquitted of the main allegation.” In his opinion, the suspended sentence for the weapon offense should not have been pronounced in this way. “But that’s how it is now. That is also legally binding and then you can close it.”
Lübcke’s family and the federal prosecutor’s office had primarily complained about Markus H.’s partial acquittal. From their point of view, the 46-year-old played a much more central role. He practiced shooting with Ernst and strengthened his will to act. Those left behind are even convinced that H. planned everything seriously and was with him at the crime scene on the night of the murder.
The widow Irmgard Braun-Lübcke said in the Karlsruhe trial at the end of July: “It is important for us that we learn the whole truth.” The Frankfurt judgment leaves 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?
Widow: “Not only his life has been destroyed”
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 recalled the “impressive words” during the 45-minute statement of the verdict. These stuck in the memory, he said. 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.
The family must now see how they deal with it, said spokesman Metz. “It won’t be easy, but it’s a strong family.” You stick together. “The family also has a large circle of friends. They feel safe in their village community, also in the North Hessian region.” But the sad truth remains: “No day will be the same again. And a lot remains open.”
Metz explained that Walter Lübcke had stood up for the free, democratic constitutional state all his life with all his conviction and with all his strength. This attitude also includes accepting the decision of the BGH, “even if it is very difficult”.
Judgment “clear signal to like-minded people”
Christoph Heubner from the International Auschwitz Committee rated the confirmed verdict against right-wing extremist Ernst as a “clear signal to those who share his views”. “However, it is more than regrettable that Markus H.’s role in the preparation and execution of the murder of Dr. Walter Lübcke is not examined again in court.” H. can now continue to “act in this Nazi world of hatred.” This decision by the BGH was “a fatal and bitter fact, not only for Walter Lübcke’s family”.
The proceedings also concerned a second act, an attack on an Iraqi asylum seeker. A cyclist stabbed the man in the back in early 2016. The federal prosecutor considers Ernst to be the perpetrator, but could not convince the OLG. The victim also appeared as a joint plaintiff. Here, too, the BGH did not shake the Frankfurt decision.
Source: Stern
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
