Ferdinand von Schirach: Terror

Of course such cases are so frightful as to make us question ourselves. But to believe that they do not exist because they are not allowed to exist – that is not only naive, it’s dangerous. In fact it’s very dangerous. There is no alternative: we have to accept that we live in a world where the most unimaginable and terrible things became reality a long time ago. We have to accept that there are limits to the principles of our constitution. And it is your job, ladies and gentlemen, as judges, your duty, to recognise this reality and to take account of it. I am confident that if you do so – do so fairly – that at the end of this trial you will find Lars Koch not guilty. You will find him not guilty because he acted. You will find him not guilty even though he killed 164 people.

Your Honour, Prosecutor, ladies and gentlemen judges: Lars Koch accepts the claims made in the charge. He admits that everything he is accused of happened exactly as it has been described. Yes, the facts are correct. But – and this but is the only thing that matters – it was not murder. The legal conclusions which the prosecution has drawn are wrong.

Presiding Judge Mr Koch, have I understood your Defence Counsel correctly: you accept the external series of events?

Defendant I beg your pardon?

Presiding Judge The facts. Are the facts correct of which you are accused in the charge?

Defendant Yes.

Presiding Judge Good. However, we would like to know more about the sequence of events. We would like to hear more from you about your motives. A blanket confession is insufficient.

Are you prepared to answer the questions of the court?

Defence Counsel My client will make no further statement at this point.

Presiding Judge What about later?

Defence Counsel We plan to do so, yes.

Presiding Judge Very well, as you wish, Counsel. Then let us begin hearing the evidence.

Sergeant, could you please see whether the witness Lauterbach has arrived?

Guard exits.

Guard (calling outside) Mr Christian Lauterbach…

Presiding Judge Prosecutor, Counsel, as you can see from the list, I have only called this one witness. Because the defendant has already admitted the deed in the preliminary proceedings, it seemed to me that we might dispense with any further witnesses. Of course we can add to the list if you consider this necessary once you’ve heard Mr Lauterbach’s testimony. There will be no need for any formal motions. I will take a generous view of your proposals.

Defence Counsel That would be a first.

Presiding Judge What?

Defence Counsel You being generous.

Presiding Judge Excuse me?

Defence Counsel My client has been in custody for seven months. You could have released him: you know he’s not a flight risk. You really can’t talk about being generous.

Presiding Judge I can’t release someone who’s accused of murdering 164 people.

Defence Counsel You could – you just don’t want to…

State Prosecutor Gentlemen, please.

Defence Counsel This isn’t about saying please.

Presiding Judge You’re being rude, Mr Biegler.

Defence Counsel It’s not about manners either. Being a defence lawyer is not a popularity contest.

The Guard and Lauterbach enter. Lauterbach walks to the witness’s chair, which is pointed out to him by the Presiding Judge. He sits down.

Presiding Judge Good morning. You are Christian Lauterbach?

Lauterbach Yes, good morning.

Presiding Judge Mr Lauterbach, I have to start by instructing you as a witness that you are obliged to tell the truth here. You may add nothing and omit nothing. The punishments for false testimony are severe. You can be required to take an oath regarding your statement. Do you understand?

Lauterbach Yes.

Presiding Judge (to Stenographer) Instruction completed.

The Stenographer stamps the record accordingly.

Please state your personal details for the record.

Lauterbach My name is Christian Georg Lauterbach.

The Stenographer takes down his personal details.

Presiding Judge Speak up a little, please.

Lauterbach Yes.

Presiding Judge And you go by the name of Christian?

Lauterbach Yes.

Presiding Judge Your age last birthday please.

Lauterbach I’m forty-nine.

Presiding Judge Where do you live?

Lauterbach In Goch. It’s on the Lower Rhine.

Presiding Judge Are you related to the defendant either by birth or marriage?

Lauterbach No.

Presiding Judge Your profession?

Lauterbach Soldier.

Presiding Judge And rank?

Lauterbach Lieutenant Colonel.

Presiding Judge Thank you very much.

We have a form here from the Air Force giving their permission for you to testify. According to this you may refuse to ask answer any questions relating to state secrets. Is that correct?

Lauterbach That is the case.

Presiding Judge In the event that I or anyone else in the courtroom asks you in the course of this hearing about any state secrets and you are not permitted to answer those questions, you must draw that to our attention. You are not allowed simply to give evasive answers. Do you understand this too?

Lauterbach Yes.

Presiding Judge We are concerned with 26th May last year. Please describe the events of that day from your personal point of view.

Lauterbach I was on the duty rota as DC from 1400 hours. That’s the second shift.

Presiding Judge DC?

Lauterbach Duty Controller.

Presiding Judge As a matter of principle, Mr Lauterbach: we are in a courtroom here and not in the Air Force. The lay judges have not read the files and we are not all familiar with your terminology. You’re going to have to explain all these military terms to us. What is the task of a Duty Controller?

Lauterbach The DC is an Air Force staff officer. Do you want me to go into the technicalities?

Presiding Judge Please do.

Lauterbach German airspace is supervised by NATO. The entire air defence system is under their control. However, if an aeroplane is hijacked in German airspace, NATO’s jurisdiction ends and command is transferred to the so-called National Airspace Security Situation and Command Centre.

Presiding Judge Complicated.

Lauterbach In future it’s planned to bring everything together under one European agency, but we haven’t got that far yet.

Presiding Judge I see. So normally NATO watches over our airspace but the national defence system is activated for hijackings.