Neo-Nazi Stephan Ernst has been sentenced to life in prison for the 2019 murder of German politician Walter Lübcke. The trial has raised questions about the ability of German authorities to track extremists.
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Neo-Nazi Stephan Ernst, 47, was found guilty of the murder of regional governor Walter Lübcke on Thursday, bringing to an end Germany's first trial for a political assassination since the 1970s. He was sentenced to life in prison.
Judge Thomas Sagebiel also acknowledged the "special gravity" of Ernst's guilt, which will extend the time Ernst will have to spend in prison before he can be considered for parole. For a life sentence in Germany, the minimum is 15 years, but in such circumstances Ernst is unlikely to be considered for parole for at least 22 years.
Expressing sympathy with Lübcke's family, who were present in court as co-plaintiffs, the judge said he recognized that the trial would have been "difficult and painful" for them. "That did not change anything about our task, which was also difficult," he added.
Lübcke had become a hate figure for the far right following a speech he made in 2015 defending the decision to take in refugees from the Syrian war. But, as the governor's family complained during their plea, he had been left unprotected by intelligence agencies. He was shot dead on the porch of his home in June 2019.
Thursday's verdict attracted an alliance of anti-racist and pro-democracy initiatives, who stood outside the court holding banners declaring their support for democratic values, which they say Lübcke died defending. Among them were children from a high school in Lübcke's home town of Wolfhagen, a school which was named after the governor last year.
Verdict for second defendant 'extremely painful'
Ernst's alleged accomplice, Markus H.*, another known neo-Nazi, was acquitted Thursday of accessory to murder, though he was convicted of an illegal gun possession charge and given a suspended sentence.
Ernst had testified that Markus H. was present at the murder scene, and had made sarcastic remarks to the victim before Ernst fired the deadly shot.
But, though both the prosecution and Lübcke's family considered this version of events true, Ernst's testimony was marred by contradictory accounts of the murder he gave earlier in the trial and on his arrest. At one point, he was apparently incited by a previous defense attorney to testify that Markus H. had pulled the trigger in a tussle with Lübcke.
According to the state prosecution, the court also left room for appeal when it said the verdict did not mean that defendant Markus H. was innocent — simply that there were doubts over the evidence. The state prosecution has already said it will appeal the acquittal of Markus H. in federal court.
"There remain from my point of view crimes that have gone unpunished," said state prosecutor Dieter Killmer, addressing reporters after the verdict.
Lübcke family spokesman Dirk Metz said the politician's widow and sons were extremely disappointed with the court's failure to convict Markus H. "Today was a day when the tension was especially great," he told reporters. "The verdict on the second defendant is extremely painful for the family. The family is convinced that both men not only prepared this crime together, but also carried it out together."
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Targeted refugee: A 'betrayal in Germany'
The Frankfurt court also ruled on a separate case involving Ernst on Thursday, acquitting him of the attempted murder of Iraqi refugee Ahmed I.* in an incident in January 2016, when Ahmed I. was stabbed in the back by an unknown assailant outside the refugee shelter where he lived.
The neo-Nazi, who lived in the area and had a history of violent attacks on people of Arabic and Turkish background, had been questioned at the time but was not arrested.
New evidence uncovered during the Lübcke murder investigation led prosecutors to file charges over the 2016 stabbing. Most importantly, a knife was found in Ernst's basement that had traces of DNA on it typical for the region that Ahmed I. was from. But the DNA was ultimately found to be inconclusive.
The co-plaintiff's lawyer Alexander Hoffmann had argued that had Ernst's home been searched in 2016, he would have been convicted and never had the opportunity to kill Lübcke.
Ahmed I., the victim of the knife attack, gave a particularly emotional statement.
"I'm very sad, because for the second time I have had to experience a betrayal in Germany," he said in a statement read out by a translator. "From this trial there is one thing I still don't understand: Are you for me or against me? I am 100% certain that if the perpetrator had said, 'Yes I committed this crime, the court would say: 'He's mentally ill, he's lying' … If I leave this country I will certainly not tell people I fled Iraq, I will say: I fled Germany."
Fears over far-right violence against politicians
Lübcke's murder brought new attention to the violent potential of Germany's neo-Nazi scene and the failures of domestic intelligence agencies to keep track of violent extremists — despite having and paying several informants active in the scene.
The murder also threw a spotlight on the increasing danger faced by local politicians in Germany. Many have drawn parallels with the knife attack by a far-right extremist that Cologne Mayor Henriette Reker only narrowly survived in 2015.
"Again and again, mayors who fear for their families have turned to me," Edgar Franke, the German government's commissioner for crime victims, said in a statement after Thursday's verdict.
"The heart of democracy beats in the towns and municipalities. For that reason we must protect local politicians much better than we do up to now."
Perhaps the most damning statement was delivered by Mustafa Kaplan, the lawyer representing Ernst and himself the son of a Turkish immigrant, who failed to mention his client at all.
"I can understand if some are disappointed with today's verdict," he said. "Inadequate investigations by the state prosecutor led to an inadequate indictment … this inadequate indictment led to expectations among the co-plaintiffs and the public that could barely have been fulfilled. With hindsight one could say: Any village sheriff would have conducted a better investigation."
*DW has refrained from publishing certain last names due to German privacy laws.
Chronicle of the NSU murders
The crimes of the neo-Nazi terror cell and the way state authorities dealt with them, still reverberate today. DW gives you the background to an affair that has shaken Germany.
Image: picture alliance / dpa
A mysterious string of murders
For years, neo-Nazis of the right-wing organization National Socialist Underground (NSU) killed people across Germany. The suspects: Uwe Mundlos, Uwe Böhnhardt (center) and Beate Zschäpe. Their victims: eight people of Turkish origin, one Greek man and a German policewoman. Their motive: xenophobia. Until 2011, the German public was not aware of the scope of their crimes.
Image: privat/dapd
Unsuccessful bank robbery
The murder spree was uncovered on November 4, 2011, when Mundlos and Böhnhardt robbed a bank in the east German town of Eisenach. For the first time, they failed. Police officers surrounded the caravan in which the two men were holed up. A later investigation concluded that Mundlos first shot and killed Böhnhardt, then set the caravan on fire and killed himself.
Image: picture-alliance/dpa
Zschäpe turns herself in
Shortly after the death of Böhnhardt and Mundlos there was an explosion at Frühlingsstraße 26 in Zwickau, in the state of Saxony. Beate Zschäpe lived at that address together with the two bank robbers. Zschäpe allegedly set the house on fire to destroy evidence. Four days later, she turned herself in to the police. The terror suspect has been custody since that day.
Image: Getty Images
The truth comes out
In the ruins of the Zwickau flat, police officers found a self-made video in which the terror cell claimed responsibility under the name of the NSU, the National-Socialist Underground. The 15-minute video shows crime scenes and pictures of the victims killed by the right-wing terrorist group between 2000 and 2007.
Image: picture-alliance/dpa
NSU claim responsibility
Famous cartoon character The Pink Panther hosts the amateur video, which is full of slogans of hatred against people with an immigrant background and which mocks the murder victims. Before her arrest, Zschäpe allegedly sent out copies of the video in which the NSU claimed responsibility for the crimes.
Image: dapd
Verbal slip-ups
Until 2011, the term "döner murders" was frequently used when reporting about the killings. Nothing was known about the connection between the individual cases, nor about the motive. There were rumors the victims were linked to the drug scene. But the NSU's video left no doubt. The term "döner murders" was chosen as Germany's "Unwort des Jahres" (doublespeak of the year) in 2011.
Image: picture-alliance/dpa
NSU also behind Cologne pipe bomb
"The findings made by our security authorities so far show no indication of a terrorist background, but of a criminal milieu," said German Interior Minister Otto Schily on June 10, 2004. A day earlier, a pipe bomb explosion in Cologne left 22 people injured and many shops damaged. In 2011, it became clear: the NSU’s right-wing terrorists were also behind the Cologne bombing.
Image: picture alliance/dpa
Memorial service in Berlin
On February 23, 2012, Germany commemorated the victims. At the ceremony at a Berlin concert hall, the focus was on the relatives of the victims. Semiya Simsek (right), the daughter of the murdered flower stand owner Enver Simsek, gave an emotional speech. German Chancellor Angela Merkel made an official apology to the victims and promised them that all questions would be answered.
Image: Bundesregierung/Kugler
Memorial for Mehmet Kubasik
"Dortmund is a colorful, tolerant and welcoming town – and opposes right-wing extremism!" This statement was made by mayor Ullrich Sierau at the unveiling of the memorial stone for NSU victim Mehmet Kubasik in September 2012. The memorial was set up just meters away from the kiosk in which Kubasik was killed on April 4, 2006.
Image: picture-alliance/dpa
Solidarity with the victims
On November 4, 2012, exactly a year after the terror cell was uncovered, people in many German cities staged solidarity demonstrations against right-wing extremism. The protesters called for thorough investigations into the racially motivated murders - which in their view was not happening fast enough.
Image: picture-alliance/dpa
Beate Zschäpe lone survivor
Believed to be the last survivor of the NSU trio, Beate Zschäpe went on trial in May 2013.Over 800 witnesses were heard. Zschäpe did not speak for the first two and a half years of the trial.
Image: picture-alliance/dpa/M. Schrader
Life sentence
Beate Zschäpe was given a life sentence. She was found guilty of joint complicity in 10 counts of murder, arson, robbery, extortion, the formation of a terrorist organization and membership in a terrorist organization. Though there was no evidence that she herself was present at the scene of the crimes, the judges felt that the "particular severity of guilt" required for a life sentence applied.
Image: Getty Images/A. Gebert
The co-accused
Ralf Wohlleben received 10 years for procuring weapons for the NSU, co-accused Holger G. got three years for providing false identity papers. Another co-accused, Andre E, received two and a half years for providing the NSU with rail passes in his and his wife's name. He also allegedly rented a mobile home which the cell drove to Cologne to carry out a bombing.
Image: AFP/Getty Images/C. Stache
Long lasting impact
When conservative politician Walter Lübcke was murdered by a neo-Nazi activist in 2019, his name was also found on the 'list of enemies' for targetted killings. Lübcke had come under attack from the far-right following a speech he made in 2015 defending the decision to take in refugees from the Syrian war.
Image: Swen Pförtner/dpa/picture alliance
Securty agency failings
The federal and the state parliaments launched investigations to shed light on the security authorities' failures in the NSU case: The role of paid informants, the lack of cooperation between the various intelligence agencies and state interior ministries, which are responsible for police in the respective states, and allegations of systemic racism on the part of German authorities.