With applications and complaints, Björn Höcke's defense lawyers caused significant delays in the trial before the regional court in Halle.
Halle - Due to various requests and complaints from the defense, the start of the trial against AfD politician Björn Höcke has been significantly delayed. Höcke's lawyers had, among other things, requested that the hearing be fully documented via audio recording. They had also demanded that the Federal Constitutional Court decide whether the regional court in Halle or the district court in Merseburg is responsible for the hearing.
The interruptions by the defense took place before the charges were read out. The presiding judge and the chamber had rejected the request to record the negotiations by decision. Before the lunch break - two and a half hours after the official start of the first day of the main hearing - the chamber's decision on the involvement of the Federal Constitutional Court was still pending.
The public prosecutor's office expressed its anger at the defense lawyers' actions. Prosecutor Benedikt Bernzen said he had never experienced anything like this. Court spokeswoman Adina Kessler-Jensch said it was conceivable that the hearing in Halle would continue even if the application was granted for the Federal Constitutional Court to decide on jurisdiction.
Charge changed again
Shortly before the trial began, the scope of the charges was changed. The chamber has decided to separate the charges relating to the use of the banned slogan “Everything for Germany” in Gera from the case in Merseburg, said court spokeswoman Adina Kessler-Jensch in Halle. The reason for this is that Höcke's defenders changed at short notice.
The Thuringian party leader is accused of using the symbols of unconstitutional and terrorist organizations. The penalty is between a fine and a prison sentence of three years.
Höcke's new defense has not yet accessed the files relating to the incident in Gera and therefore has not had sufficient time to prepare for the hearing on Thursday. “This part of the accusation will not be the subject of today’s main hearing,” said Kessler-Jensch.
Specifically, Höcke is accused of using the banned slogan of the Sturmabteilung (SA), the paramilitary fighting organization of the NSDAP. The starting point for the accusation against Höcke is a speech that he gave in May 2021 in Merseburg in Saxony-Anhalt (Saalekreis). Initially, only this speech should be part of the main hearing.
The politician is also accused of having used the slogan at an AfD event in Gera, Thuringia, last December. In Gera, as a speaker, Höcke is said to have said the first part “Everything for” himself and used gestures to encourage the audience to shout “Germany”. The charges relating to this incident have now been separated from the points relating to the speech in Merseburg. The court only decided last Friday to add the points about Gera's speech to the indictment.
Demo in front of the justice building
Before the trial began, hundreds of the politician's opponents gathered in front of the courthouse in Halle. The police spoke of around 570 people. Everything is very peaceful, there are no disturbances. Among others, the groups “Halle Against the Right” and the “Association of those Persecuted by the Nazi Regime - Association of Antifascists” have called for meetings.
In addition to demonstrators, many media representatives also came to the opening of the trial. According to the police, operations at the court are running normally despite the meeting.
Further proceedings on charges of incitement to hatred
The former history teacher wants to run as the AfD's top candidate in the state elections in Thuringia on September 1st. His party is classified as right-wing extremist by the state Office for the Protection of the Constitution. For the first day of the main hearing it can be assumed that - as usual - the indictment will be read out. Höcke then has the opportunity to comment on the allegations himself or through his defense attorney.
Höcke will not only have to face a trial in Halle. An indictment was also admitted at the Mühlhausen regional court in Thuringia - there it concerns the accusation of incitement to hatred. There have been numerous investigations against Höcke. In Halle he now has to appear in court for the first time.
Höcke defends his choice of words
Even before the trial began, Höcke commented on the allegations on television. He defended his choice of words in a TV duel against the Thuringian CDU top candidate Mario Voigt. He used the slogan in a free campaign speech and ultimately translated Donald Trump's slogan “America First” into German in a freely interpreting way, he said on broadcaster Welt a week before the trial began.
When asked whether he didn't know during the speech that "Everything for Germany" was an SA slogan, he said: "No, I didn't know." It was a common saying.
What is at stake for Höcke
Höcke wants to become Prime Minister of Thuringia. He is considered to have no chance because none of the parties previously represented in the state parliament want to form a coalition with the AfD. He wants to apply for a direct mandate in the Greiz district in eastern Thuringia. The Thuringian electoral law states that anyone who is excluded from the right to vote or who “as a result of a judge’s ruling does not have the eligibility or ability to hold public office” cannot be elected.
Theoretically, under certain conditions, the court could actually decide that Höcke temporarily loses his right to vote and also his right to stand for election. However, the prerequisite is that Höcke is sentenced to a prison sentence of at least six months. In addition, the party law states: “Persons who, as a result of a judge’s decision, are not eligible to vote or have the right to vote cannot be members of a party.” It is currently completely unclear whether a conviction will even occur. dpa