Neo-Nazis vs. Journalists: Retrial Begins for Brutal 2016 Attack in Thuringia

Germany - Ekhbary News Agency

Neo-Nazis vs. Journalists: Retrial Begins for Brutal 2016 Attack in Thuringia

Eight years after two journalists were severely injured in a violent assault by neo-Nazis in the German state of Thuringia, their case is back in court. The Federal Court of Justice (BGH) overturned a previous lenient verdict from September 2022, deeming the original trial's assessment of the events "fundamentally flawed," particularly its failure to classify the incident as aggravated robbery.

The journalists had traveled to the village of Fretterode in the Eichsfeld district of Thuringia, approximately 40 kilometers from Mühlhausen, to photograph a meeting of right-wing extremists. The gathering was reportedly scheduled to take place on the property of Thorsten Heise, a known neo-Nazi and then-deputy leader of the far-right NPD party. However, the journalists were discovered by individuals they were observing.

As they attempted to flee in their vehicle, two right-wing extremists, identified as Gianluca K. and Nordulf H. (aged 24 and 19 at the time), pursued them. The court heard descriptions of the chase, which one of the journalists, Milan M., recalled as a "bumper-to-bumper" pursuit. The pursuit ended tragically when the journalists' car veered off the road into a ditch. The attackers then seized the opportunity to escalate their assault.

According to witness testimony, the assailants smashed the car windows before attacking the journalists with pepper spray, a baseball bat, a knife, and a metal wrench. The violence resulted in severe injuries. Henning R. sustained a head laceration and skull fracture from a blow with the wrench, leaving a permanent scar above his right eye. Milan M. was stabbed in the thigh by one of the attackers while still inside the vehicle.

The physical wounds have healed, but the psychological trauma persists. Milan M. testified about ongoing sleep disturbances and flashbacks triggered by approaching vehicles. He described experiencing "death anxiety" during the attack, fearing the assailants would return to kill him and his colleague after slashing their tires. During the assault, the perpetrators also allegedly stole Milan M.'s DSLR camera, valued at €1,500.

The Controversial Initial Verdict

The initial trial, held three and a half years after the attack, concluded in September 2022 with a verdict that sparked significant outrage. The Mühlhausen District Court sentenced Gianluca K. to one year of probation and Nordulf H. to 200 hours of community service under juvenile law. The court charged them only with property damage in conjunction with dangerous bodily harm, explicitly rejecting claims of political motivation, attempted manslaughter, or aggravated robbery. The stolen camera was also largely disregarded in the initial sentencing.

The prosecution had sought a prison sentence of three years and four months for Gianluca K., highlighting the severity of the attack. The leniency of the district court's ruling drew widespread condemnation from legal experts, journalists, and victim advocacy groups.

Federal Court Intervention and Retrial

In March 2024, the Federal Court of Justice (BGH) intervened following appeals from the prosecution and the co-plaintiffs (Nebenkläger). The BGH found the district court's assessment of evidence to be "fundamentally flawed," particularly concerning the classification of the theft. The court referred the case back to a different chamber of the same district court for a new trial. The second Fretterode trial commenced on December 22nd.

Focus on Aggravated Robbery and Legal Nuances

A key focus of the retrial, as mandated by the BGH, is to determine whether the alleged theft of the camera constitutes aggravated robbery. Such a classification could lead to significantly harsher prison sentences. German law stipulates a minimum of three years imprisonment for aggravated robbery when weapons are involved, and five years if a weapon is used. Lesser included offenses carry sentences ranging from one to ten years, with the possibility of probation for sentences under two years.

"If a minor case were to be established here, then it is certainly not what the legislator intended," commented co-plaintiff lawyer Sven Adam to the FAZ, underscoring the potential disparity between the initial ruling and the gravity of the offense.

During the recent court session, presiding Judge Gerhild Jumpertz meticulously questioned witness Milan M., confronting him with previous statements and probing for inconsistencies. M. acknowledged that recalling every detail after eight years was challenging.

Defense attorney Nicole Schneiders suggested the journalists might have been attempting to gather information for use by far-left extremist groups, such as the 'Hammerbande,' whose members are currently on trial elsewhere. However, the court found no evidence to support this theory and rejected motions to summon investigators or witnesses from related proceedings. When Judge Jumpertz asked Milan M. if he was a member of Antifa, he responded, "Antifa doesn't exist," clarifying he was not a member of anti-fascist groups but defined himself as an anti-fascist, a stance he believes all democrats should adopt.

Six further court dates have been scheduled for the trial, which continues to shed light on the persistent challenges of ensuring justice and confronting right-wing extremism in Germany.

Ekhbary News Agency