Gisa Pahl

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Gisa Pahl , also Gisela Pahl , b. as Gisela Degner , pseudonym Gisela Sedelmaier (* 1957 in Stuttgart ), is a lawyer from Hamburg . As the main initiator and chief responsible for the German Legal Office (DRB), she is, according to Manfred Murck, "an important pillar of the active, violence-oriented right-wing extremist scene in Northern Germany and beyond."

Life and work

The daughter of a displaced family studied law in Tübingen . In October 1983 she was admitted to the Hamburg Bar Association . She first worked in the law firm of Jürgen Rieger . From 1973 to 1983 Pahl was active in the Bund Heimattreuer Jugend (BHJ). She is viewed by the Office for the Protection of the Constitution as the main activist in the BHJ. Pahl was a member of the Hamburg State Association of Republicans until 1993. She was chairman of the regional arbitration court. Pahl shies away from the public and uses pseudonyms for her publications. Her guidebook “Mäxchen Treuherz und die juristische Fußangeln”, published in 1990 under a pseudonym, is well known throughout the scene. With the help of a “Mäxchen Treuherz”, the brochure explains, in an easily understandable manner and classified according to subject areas, conduct with no punishment during demonstrations, house searches or witness statements. The bestseller was reprinted in 2005 by the NPD-Verlag Deutsche Demokratie . Although she is a well-known lawyer, “her importance is often underestimated.” Gisa Pahl had regular contact with members of the neo-Nazi network Thuringian Homeland Security . She maintains contacts with the NPD , the “ Society for Free Journalism ” and the neo-Nazi network “ Free Network South ”.

German legal office

She is the main initiator and chief responsible for the “ German Legal Office ”. Formally it belongs to the association “Deutscher Rechtsschutzkreis eV” based in Bochum and can also be reached via a post office box in Birkenwerder in Brandenburg. The DRB is a contact and coordination point founded in Hamburg in April 1992 for people and organizations from the right-wing extremist scene seeking legal advice. It describes itself as a “self-help group” to protect the basic rights of “national” “politically incorrect” Germans. It maintains an archive with over 2,700 judgments on various topics, from which copies can be requested in order to be able to cite examples of acquittals or mitigating sentences in ongoing proceedings. There is also a list of expert opinions and judgments for over 1,500 records. Therefore, according to Manfred Murck , Pahl is "an important pillar of the active right-wing extremist, violence-oriented right-wing extremist scene in Northern Germany and beyond," according to Katharina König-Preuss, "almost a condition for the neo-Nazi scene to have such a very close and trustworthy lawyer," , since according to Publikative.org "there are few lawyers in the neo-Nazi scene [...] Practically all neo-fascist organizations and magazines advertise the DRB, work with it and seek help there."

Connections to the NSU

In the rubble of the NSU's apartment in Zwickau, the investigators found a slip of paper with the names of ten right-wing organizations and people, all of whom the NSU probably donated money together with a cover letter in 2002. The "German Legal Office" was also on the list. It is unclear to the authorities who was responsible for the DRB in 2002/03. The attorney general it is therefore, according to because of the high hurdles a search legally impossible. From 2000 to 2002, Tino Brandt , head of the Thuringian homeland security, was the domain owner of the website “ www.deutsches-rechtsbuero.de ”. In May 2001, Brandt's activity as an informant for the Thuringian constitutional protection was exposed. In 2002 he was still responsible for the website of the German Legal Office. A request from MP Christiane Schneider about connections between Pahl and the NSU in Hamburg's citizenship at the end of August 2013 was largely unanswered by the interior authorities with reference to the investigation into the NSU, as only the Federal Prosecutor General is authorized to provide information.

Mandates

Legal advice

Gisa Pahl prepares legal opinions on the criminal relevance of songs. She advised Jens Pühse on the " Schulhof project " in 2004. In 2008, the Federal Court of Justice ruled on the avoidable error of prohibition in the case of her opinion for Pühse: "... that in at least one earlier case [...] despite an opinion from attorney P., which to the result was that the texts on the CD and checked by it were permitted, the CD was subsequently indexed with regard to three songs by the Federal Testing Office for writings harmful to minors, which led to a new edition in which the objectionable songs were replaced by others. The accused thus had justified reason to doubt the reliability of the information and for this reason could not simply rely on the overall result of the corresponding assessment. " Your opinion regarding the impunity of the song " Dönerkiller " in the criminal proceedings against Daniel" Gigi " Giese found the district court of Meppen to be “absolutely remote” and regarded her as an activist on the right-wing extremist scene.

However, on April 4, 2013, the Federal Court of Justice confirmed an acquittal of a defendant who was accused of To have disseminated propaganda material of unconstitutional organizations according to § 86 Abs. 1 Nr. 4, Abs. 2 StGB. The lawyer acted in an unavoidable mistake, as he was allowed to rely on the expert opinion previously prepared by Pahl, which had certified that it was unobjectionable under criminal law: “In fact, in the last 15 years the lawyer has written more than 300 statements in cases of this type Attempts by the accused to induce them to certify the legal harmlessness of texts against their convictions, she rejected. The defendant accepted this as well as the changes and deletions recommended by the lawyer. The information provided by the lawyer turned out to be correct for the defendant; he has never been prosecuted for producing the CDs he commissioned. [...] The assessment she made was ultimately shared by the Federal Testing Office for Media Harmful to Young People. "

Procedure (selection)

Clients were:

Training courses and speeches (selection)

She is a popular speaker and she conducts training courses. Well-known participants in a training course are:

She held training courses or gave lectures for the following organization:

  • “Annual kick-off training” for the NPD's municipal mandate holders: topic “Account lawsuits” 2012.
  • Speech at the Association Conference of the German Burschenschaft : Topic "Freedom of Expression Today", March 2007.
  • Speeches at the “Staats- und Wirtschaftpolitische Gesellschaft e. V. “2002, 2011.

Fonts

  • Gisela Sedelmeier: Mäxchen Treuherz and the legal pitfalls. 2005, ISBN 3-9809648-0-9 . (4 editions since 1990)
  • Freedom of expression today. In: Burschenschaftliche Blätter . 122nd year, 2007, p. 79.
  • Efforts directed against equal opportunities for all political parties with the right to a constitutional education and exercise of political opposition. In: Josef Schüßlburner , Hans-Helmuth Knütter : What the protection of the constitution is keeping silent. Building blocks for an alternative protection of the constitution report. Institute for State Policy , Schnellroda 2007, ISBN 3-939869-51-1 , p. 291. (PDF)
  • Efforts directed against respect for the human rights specified in the Basic Law, especially the right of the personality to life and free development. In: Josef Schüßlburner, Hans-Helmuth Knütter: What the protection of the constitution is keeping silent. Building blocks for an alternative protection of the constitution report. Schnellroda 2007, p. 97. (PDF)

literature

Web links

Individual evidence

  1. a b c d e f g h i j k Constitutional Protection Report Hamburg 2012, p. 179ff. ( PDF ); Constitutional Protection Report Hamburg 2010, p. 182ff. ( PDF ).
  2. ^ A b c d e f g h Robert Bongen, Nils Casjens, Sebastian Heidelberger: “New references to NSU contacts to Hamburg”. Panorama 3 No. 34 from September 3, 2013 (broadcast manuscript as PDF ( memento from September 8, 2013 in the Internet Archive )).
  3. Brandenburg Constitutional Protection : German Legal Office - Right-Wing Extremist Legal Advice , website accessed on December 10, 2013.
  4. a b Andreas Speit : Good advice for right comrades. In: taz. December 3, 2009.
  5. ^ Rudolf Kleinschmidt: " The Right and the Right". In: Stephan Braun, Alexander Geisler, Martin Gerster (eds.): Strategies of the extreme right. Background - analyzes - answers. VS Verlag, Wiesbaden 2009, ISBN 978-3-531-15911-9 , p. 366.
  6. ^ Constitutional Protection Report Lower Saxony 2004, p. 30.
  7. Legal advice from the right. In: Antifascist information sheet . 78, 1/2008, pp. 18-19; is quoted In: Johanna Sigl: Girls and women in the extreme right. Hamburg 2013, p. 10; Brochure by the mobile advisory team against right-wing extremism in Hamburg on use in political education ( PDF ).
  8. ^ Rudolf Kleinschmidt: The rights and the right. In: Stephan Braun, Alexander Geisler, Martin Gerster (eds.): Strategies of the extreme right. Background - analyzes - answers. VS Verlag, Wiesbaden 2009, ISBN 978-3-531-15911-9 , p. 366.
  9. ^ A b Felix Krebs: The NSU connections in the north. on: Publikative.org , August 22, 2013.
  10. Maik Baumgärtner, Sven Röbel: Cash from the underground: NSU sent money letters to right-wing extremist organizations. on: Spiegel Online . November 16, 2012, accessed December 10, 2013.
  11. Citizenship of the Free and Hanseatic City of Hamburg, Drs. 20/9055 of August 30, 2013: Senate's response to a small written question from MPs Christiane Schneider (DIE LINKE) of August 22, 2013.
  12. BGH 3 StR 394/07 - judgment of April 3, 2008 (LG Dresden) on the problem of a legal opinion as a “fig leaf function”.
  13. ^ Rudolf Kleinschmidt: The rights and the right. In: Stephan Braun, Alexander Geisler, Martin Gerster (eds.): Strategies of the extreme right. Background - analyzes - answers. VS Verlag, Wiesbaden 2009, ISBN 978-3-531-15911-9 , p. 366.
  14. a b Legal advice from the right. The "German Legal Office". In: AIB . 78 / 1.2008, of March 20, 2008.
  15. Right-wing rocker gets suspended sentence . In: Spiegel Online. October 15, 2012.
  16. 3 StR 521/12 - judgment of April 4, 2013 (BGH).
  17. Constitutional Court: Ban on Nazi rallies remains ( Memento of the original from February 19, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , redok of November 8, 2006; Monika Maier-Albang: " " An unbearable provocation " ", Süddeutsche Zeitung of November 9, 2006. @1@ 2Template: Webachiv / IABot / www.redok.de
  18. a b c d e f Article “Pahl, Gisa” in the network against Nazis from June 11, 2008, accessed on December 13, 2013.
  19. ^ " Exclusion of NPD men in the election of mayor by law " , Thüringer Allgemeine dated June 12, 2013.
  20. " Nazidrohgebärden before the march in Hamburg " , time online blog malfunction indicator from 1 June 2012 found.
  21. Rolf Schälike's blog "Buskeism": "Politics at Buske: What" to include "means is determined by the Hamburg censorship chamber". Retrieved December 13, 2013.
  22. Till Stoppenhagen: Goths can't be killed. the daily newspaper , March 28, 2003, accessed on January 23, 2012 .
  23. Website of the parliamentary office of Katharina König-Preuss (Die Linke) in Saalfeld "Haskala" : " Katharina König wins legal dispute against NPD federal executive committee " , from June 12, 2012, accessed on December 13, 2013.
  24. ^ Federal Constitutional Court, Chamber of Commerce decision of December 1, 2007 −1 BvR 3041/07
  25. Federal Constitutional Court, decision of June 26, 2007 - 1 BvR 1418/07 ; Katrin Gaßner: The case law for. Freedom of assembly in international comparison, Tübingen 2012, p. 96 .
  26. BVerfG, Chamber Decision of March 12, 2004 - 1 BvQ 6/04 ( Memento of the original of June 22, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bundesverfassungsgericht.de
  27. ^ Constitutional Court of the Free State of Saxony , decision of April 28, 2009 - Vf. 118-IV-08 ( PDF) .
  28. Higher Administrative Court of North Rhine-Westphalia , decision of April 4, 2013 - 5 B 332/13 ( Memento of the original of January 29, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Nazi marches: OVG confirms demo ban. In: Aachener Zeitung. April 4, 2013. @1@ 2Template: Webachiv / IABot / www.justiz.nrw.de
  29. Gabriele Nandlinger: "Honor, Freedom, Fatherland!" Fraternities as a refuge for intellectual right-wing extremists. In: Where is the right margin here? Material collection of the Landestheater Marburg , season 2011/12 ( PDF )
  30. Citizenship of the Free and Hanseatic City of Hamburg, printed matter 19/406, 19th electoral period: Answer of the Senate of May 30, 2008 to the written small question of the MP Christiane Schneider of May 23, 2008 regarding the connections of the "Staats- und Wirtschaftpolitische Gesellschaft e . V. “(SWG) on right-wing extremist circles.
  31. Non-profit relativization of war guilt and the Holocaust? AIB 91 2/2011 of June 20, 2011.