- Dr. Meinerzhagen
- Presiding Judge in Zundel's case
Landgericht Mannheim
[Mannheim Regional Court]
Case Number: 6 KLs 503 Js 4/96
Criminal proceedings against Ernst
Zundel
on suspicion of incitement to hatred
and violence against segments of the population [Volksverhetzung] and
other [penal provisions]
Dear Dr. Rimland:
The Mannheim Regional Court is considering examining you
as a witness in the criminal proceedings against your husband, Ernst
Zundel. The primary facts in issue are the setup and ongoing operation
of the Internet site "Zundelsite.org." As an American citizen, you are
certainly not obligated to appear following a summons from a German
court in Germany. Moreover, no coercive measures may be imposed upon
you. The court may, however, attempt to achieve your summons or your
examination through officials in the USA by means of judicial
assistance.
I should like to inform you in advance, however, that
pursuant to § 1 No 2 of the German Code of Criminal Procedure [Strafprozeßordnung
(StPO)], as the wife of the accused you have the right to refuse to
testify anyway. In other words, even if you were examined by American
officials by means of judicial assistance, you would not need to give
any testimony in the matter. Pursuant to § 55 Para. 1 StPO, you also
have the right to refuse to respond to such questions if answering them
would place either yourself, a family member, or your husband in danger
of prosecution for a criminal act. Based upon suspicion of your joint
responsibility for the "Zundelsite.org" Web site, the Mannheim Public
Prosecutor's Office is also currently conducting investigative
proceedings against you on suspicion of incitement to hatred and
violence against segments of the population, according to a notice from
the Mannheim Public Prosecutor's Office. Given the current state of
affairs, it is hard to conceive of questions to which a response would
not place you or your husband in danger of criminal prosecution
(primarily on suspicion of incitement to hatred and violence against
segments of the population pursuant to § 130 of the German penal code [Strafgesetzbuch
(StGB)]. You would therefore be fully entitled to refuse to give
testimony pursuant to § 55 StPO.
In the present criminal proceedings against your
husband, therefore, you could be examined in the matter only if you are
prepared to give testimony. The court therefore requests that you notify
it as to whether you are prepared to give testimony as a witness in the
present criminal proceedings against your husband, or whether you are
invoking your right as a witness to avoid self-incrimination pursuant to
§ 52 StPO or your right to refuse to divulge information pursuant to §
55 StPO. In this case, all further attempts to obtain testimony from you
would be pointless.
If you are prepared to testify, however, then an
examination in the main proceedings before the Mannheim Regional Court
at a date to be determined would be the first option. The court would
insure your safe conduct for this purpose, i.e. you would not be in
danger of being arrested or otherwise bothered in relation to the
aforementioned investigative proceedings by the Mannheim Public
Prosecutor's Office. The expenses of your travel and accommodation would
be reimbursed.
If you are not prepared to appear for examination in
person before the Mannheim Regional Court, examination via a
videoconference link would also be possible. You would then travel to an
as yet undetermined location in the USA, such as a German consulate in
your vicinity, and the sound and image of your testimony would be
transmitted to the courtroom. If you are not prepared to do this, then
there is the final option of having a consular official conduct your
examination on commission. Your personal testimony in Mannheim or
examination via videoconference link would be preferable, however,
because the participants in the proceedings, including your husband,
would then have the opportunity to address questions directly to you.
In conclusion, I therefore request your response to the
following questions:
1. Are you prepared to give testimony in the criminal
proceedings against your husband before the Mannheim Regional Court on
suspicion of incitement to hatred and violence against segments of the
population [Volksverhetzung] and other penal provisions, or do you
refuse to give testimony based upon the aforementioned rights und § 52
and § 55 StPO ?
2. If you are prepared to give testimony,
a. are you prepared to appear as a witness (with a
guarantee of safe conduct) before the Mannheim Regional Court at a
date to be determined, and to give testimony as a witness in the
matter?
b. Are you otherwise prepared to participate in an
examination via videoconference link and to give testimony as a
witness in the matter?
c. Are you otherwise prepared to have a German
official in the USA conduct your examination on commission and to
give testimony as a witness in the matter?
I would like to point out that you are not obligated to
answer these questions. In the interest of expeditious handling of the
present criminal proceedings against your husband, which would surely
also be important for you since your husband is in pretrial detention,
the court would be very thankful if you would show your cooperation by
answering the questions listed above. Otherwise the court must consider
an attempt to approach you through officials in the USA by means of
judicial assistance.
Sincerely,
Dr. Meinerzhagen
Presiding Judge of the Landgericht [Regional Court]
[STOP] |
