Gisela von der Aue

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Gisela von der Aue (born July 10, 1949 in Westre ) is a German politician ( SPD ). From 1998 to 2006 she was President of the State Audit Office of Brandenburg and then until 2011 Senator for Justice in Berlin .

Life

Gisela von der Aue studied law at the Free University of Berlin from 1968 to 1975 . In 1968 she joined the SPD. After the second state examination in 1978, she first worked as a lawyer. In 1979 she joined the public service of the State of Berlin. After several positions in various Senate administrations, she switched to the administration of the Berlin House of Representatives , which she left in 1994 to join the public service of the State of Brandenburg. There she initially worked as a scientific advisor to the SPD parliamentary group in Brandenburg in the areas of domestic, local and legal policy.

From June 28, 2012 to June 18, 2014 she was a member of the Supervisory Board of GSW Immobilien .

Von der Aue is married and has three children.

Services

In 1996 the Landtag of Brandenburg elected von der Aue as a member of the State Audit Office, where she initially headed an auditing department. In 1998 she was appointed President of the State Audit Office.

On November 23, 2006, the Governing Mayor of Berlin Wowereit appointed her Senator for Justice ( Senate Wowereit III ). When the red-black Senate took office in December 2011, she left office.

Function of the Justice Senator

According to the Basic Law, the area of ​​justice falls within the competence of the federal states. The provision of an efficient judiciary and the associated administrative tasks are therefore a matter for the Länder. In Berlin, the Senate Department for Justice is responsible for this. The area of ​​responsibility of the Senate Department for Justice as the highest judicial authority includes personnel and administrative tasks in the field of jurisdiction, criminal prosecution and the execution of sentences. The Senate Department for Justice was subordinate to von der Aue as Senator for Justice from 2006 to 2011. Your State Secretary from 2007 to 2011 was Hasso Lieber .

Political disputes

Three months after taking office as Justice Senator, von der Aue set up a commission of inquiry in response to the drug affair. In the Moabit prison, prison staff are said to have embezzled drugs from prisoners for years. The public prosecutor's office started investigating five cases. In the judgment that has since been passed, the defendants were sentenced to fines and suspended sentences. Critics complained that the Justice Senator did not remedy deficiencies, since the new administrative regulations for the supply of pharmaceuticals do not include immediate storage in the prisons. The latest development in the course of this process is: On the fringes of the parliamentary meeting on April 24, 2008, Justice Senator von der Aue announced that the ordering of medication in Berlin prisons is now regulated (3). The new regulations include, among other things, that medication orders are now placed centrally, that a six-eye principle is applied to the ordering process and that medication does not need to be stored. Von der Aue did not comment on the inmates who had not received their medication due to the abuse of rights by the prison staff.

Von der Aue came under fire in June 2007 because, when required by the Heidering correctional facility, it had not announced in time that the size of the cells would be reduced to 10 m². Von der Aue rejected these allegations, stating that the Legal Affairs Committee had been informed of the measures in good time.

One of the more recent changes under the leadership of von der Aues is the expansion of the Neukölln model developed by judge Kirsten Heisig . This involves the increased use of the simplified youth procedure, which is now to be extended to the greater Friedrichshain-Kreuzberg district. An article in the Tagesspiegel says that it takes an average of four months in Berlin from the capture of an offender to a conviction. The aim of the Neukölln model is to have a pedagogical effect through the quick conviction and thus set limits for juveniles who have committed criminal offenses. The Neukölln model is intended for young people who have attracted attention through minor offenses with clear evidence such as damage to property, shoplifting, simple bodily harm and traffic offenses. If a young person is picked up, the police department should send the files to the public prosecutor by messenger and the latter to the responsible juvenile judge, who quickly starts a process. The youth judge can then issue instructions or impose youth arrest for up to four weeks.

The Senator of Justice suggested a change in the legal area of ​​juvenile justice. The law took into account the requirement of the Federal Constitutional Court to create legal bases for the execution of juvenile offenses that are tailored to the special requirements of the execution of sentences against young people. The key points are, among other things, the educational design of the prison system, the preparation for release and the better interlinking of the institution with non-enforcement institutions. As von der Aue said himself, regulations were also made that better shape the goal of rehabilitation.

Von der Aue spoke out against a tightening of youth criminal law. After an attack by two young people on an old man in a Munich subway, there was widespread media coverage and there were strong calls in politics for a tightening of juvenile criminal law. The proponents of the tightening of juvenile criminal law demanded, among other things, the lowering of the age limit as well as the possibility to impose harsher sentences against juveniles. At the beginning of 2008, the senior public prosecutor responsible for juvenile intensive care offenders, Roman Reusch, was transferred to another area after he publicly demanded tougher treatment, especially with foreign intensive care offenders.

Public perception

In her function as President of the Brandenburg Audit Office, von der Aue was not without controversy. She took her vice-president, CDU man Arnulf Hülsmann , to court for incorrect expense reports and suspended him. The Potsdam Regional Court initially acquitted Hülsmann, but the judgment was overturned by the Federal Court of Justice. Brandenburg's Landtag President Gunter Fritsch (SPD) said in 2005: “There is a risk that the farm will no longer function and will be taken seriously”. In the new trial before the Potsdam Regional Court in 2009, the judges saw the guilt as proven and sentenced Hülsmann to a fine in nine cases for fraud.

After a 37-year-old prisoner on remand hanged himself in the Berlin (remand) prison of the JVA-Moabit in November 2006 , the SPD Justice Senator Gisela von der Aue issued instructions that suicides in Berlin's prisons should no longer be published. Many political initiatives and daily newspapers criticized this measure. After the drastic increase in the number of deaths in custody, she believes that this information policy should cover up the miserable conditions in the prisons. At the beginning of December it was also noted that the JVA-Moabit housed some of the prisoners unconstitutionally. The prison administration and the Justice Senator rejected the allegation that every suicide in the prison is directly related to the considerable pressure to which the detainees are continuously exposed.

On February 9, 2007, she dismissed her State Secretary Christoph Flügge . This personnel measure met with incomprehension across all parties, as Flügge is considered an accomplished judicial expert. The reason given by von der Aue was a misconduct by Flügges in the context of a suspected scandal in a prison (“drug affair ”) . At the time of his release, however, there was neither an investigation into this alleged scandal nor charges against prison officers.

In public, the Justice Senator often had to face harsh criticism, just like her predecessor, the Justice Senator at the time Karin Schubert. Mostly because of problems in the area of ​​the penitentiary system such as prison breakouts, drug trafficking and suicides in prisons. This is not surprising, since the problems in the area of ​​the penitentiary system were the same for a long time: overcrowding, shortage of personnel and material and backlog of proceedings in the courts. The Ministry of Justice is the first place to criticize these problems. It is therefore not surprising that the predecessor of the Justice Senator von der Aues, Karin Schubert, proudly stated that she managed to hold her office as Justice Senator for almost five years and thus significantly longer than her predecessors. Von der Aue was able to exceed the term of office of her predecessor by a few months and is therefore the Justice Senator with the longest term in office since the reunification of the city. Issues such as compensation and opposition to the BKA law have meanwhile publicly brought many supporters, especially on the part of civil rights activists and lawyers. In terms of federal politics, she wanted to prevent the reform of § 522 ZPO.

Web links

Individual evidence

  1. Annual report GSW 2014 press release from
  2. Katja Füchsel: Who is Gisela von der Aue? In: Tagesspiegel , February 19, 2007
  3. Christine Richter : More control when ordering drugs . In: Berliner Zeitung , April 25, 2008
    nal: Drug
    scandal:
    Defendants are silent April 25, 2008 Joachim Jetschmann: Gisela von der Aue does not eliminate deficiencies . In: Berliner Zeitung , November 23, 2007
  4. Press release Senate Department for Justice of November 1st, 2007
    ho / ddp: Companies should create jobs in jail . In: Tagesspiegel , February 12, 2008
  5. wvb: Young criminals from Berlin should be punished faster . In: Tagesspiegel , May 14, 2008
    Press release Senate Department for Justice of May 13, 2008
  6. Federal Constitutional Court ruled on May 31, 2006
    press release of the Senate Department for Justice of January 12, 2007
  7. Speech by Justice Senator Gisela von der Aue at the session of the Legal Affairs Committee of the House of Representatives on January 16, 2008 on the subject of juvenile delinquency
  8. : Vice-President of the Court of Auditors sentenced to a fine. April 23, 2009, accessed November 8, 2019 .
  9. a b Jens Anker: The ejection seat in the justice administration . In: Die Welt , September 8, 2007