Dix-septième jour du procès à Aix-la-chapelle, 1er août 05


17th day of trial 1. august 2005

* 13 applications of the defense - 12 dismissed. * Jose declares to associate himself with Gabriels statement. * judge : testimonies of witnesses regarding the torture in spanish FIES system aren’t relevant to this case. * expert on traumata admits to have no specialized knowledge for torture - nevertheless he made an expert opinion.

The trial begun at 10:25

With the growing number of supporters the number of cops in court increased as well. From now on it is not allowed for the audience anymore to leave the auditorium. If they do so a regulatory measure will be carried out. Despite that there was still communication via acclamation and the three accused talked with eachother during the few minutes before the trial began.

Joses statement : Attachment 1 At first Joses defense reads a declaration that admits a participation in the occurrences in Aachen and he is taking responsibility for what happened. Two points are of major interest here : 1. Gabriel and him never planed to injure or kill people. 2. neither Begonia nor Bart have been involved in what they did. Bart did only join the the car cos they asked him to get in. What happened in Aachen can be explained by the years of toture and the resulting panic of having to go back to jail again.

The following two applications refer to the bank robbery Application Jose : Attachment 2 Regarding a decision of the Federal Supreme Court the quality of the pictures of surveillance cameras is inadequately when it comes to proving identity. The expert opinion of Mrs. Dr. Wittwer-Backofen can not be acknowledged cos of that. An application is made to hear KHK Vogel , the expert on anthropological comparison opinion of the Federal Criminal Police Office to approve this.

Application Jose : Attachment 3 If the application made before will be dismissed a new apply will be made : Mr. Vogel should be assigned with doing a new anthropological expert opinion under the following aspects : 1. Eliminating any possibility of Jose being the offender cos there is no correlation with the pictures. 2. The quality of the pictures is not good enough in general to do a comparing expert opinion. Further Vogel has access to better technical equipment than Dr. Wittwer-Backofen and is able to process the pictures in a way that no new shifting of the pixels will happen (something that isn’t possible in her opinion) - this will result in more significant recordings.

Application Gabriel : Attachment 4 The defense applies to hear a witness of the spanish Department of Justice who could testify that conditions in spanish FIES regime are unconstitutional. Examples for that are the interruption of communication, of getting information and the base right of morally and bodily intactness etc.. During the regular search of cells and the prisoner itself they have to undress and the controls at night result in a massive shortfall of sleep. Prisoners are kept in absolute isolation even the contact with jailers isn’t possible. Further it can be testified that Gabriel was prisoner in FIES in 1996.

The prosecution rejects the applications with the following justification : the comparing expert opinion about Jose is meaningful enough and there is no reason to question it + the comments on FIES are of no importance for this case.

The judges retreat for consultation and declare after 30 minutes all applications are dismissed... Following that new applications are made.

Application Gabriel : Attachment 5 A member of the prisonersgroup SalHaketa should be heard in order to prove the inhuman conditions in the FIES system. The cells do differ from the others in prison. It is dark, wet and airless in there. Prisoners are kept in there for 23 hours a day, the windows are strengthened and there are rings made of metal at the bed to tie the prisoners.

Application Gabriel : Attachment 6 The judge who sentenced Gabriel cos of his escape back in 1997 should attest Gabriel testified in his defense that he did try to escape cos he was trying to provoke a trial in which he could denounce the conditions in jail to the public.

What follows are applications of Barts defense. Application Bart : Attachment 7 The site of crime Halifexstreet should be visited in order to find out that the stolen car was easy to find cos the route is only 300 meters and there is no chance to turn off. That proves they didn’t want to capture the car, but just use it for a short ride.

Application Bart : Attachment 8 The person in charge for motor vehicle at the police in Aachen should affirm that the car was, inspite of the testimony of the driver, still intact. The reason for being not able to move the car backwards was his nervousness which causes doubts about his power of observation and the related testimony. And since he was facing a gun he wasn’t able to objectively reproduce what happened. That means there is reason to doubt his testimony about that all three people went directly to the mercedes.

Application Bart : Attachment 9 The witness Kretschmann-Andemahr should affirm that Bart run away from the car used for escape and seeked shelter. After the two others captured the mercedes as escape car they moved backwards and spoke to Bart in an authoritarian manner. Bart got in the car after that.

The prosecutor asks to dismiss the applications this time with the explanation that the application come in too late and could result in a delay of the trial.

The judges retreat for consultation for the second time and return after 30 minutes with the rejection of all applications except for the one with the hearing about Barts behavor in escape. The hearing of the judge from Almeria is not necessary the statements of the prisoner supporters group are accepted anyways. The statements about Halifexstreet are accepted as well. Regarding the motor vehicle stuff an investigation is taken into consideration but not at the moment. Further they declare the defense asked about the measure of punishment, notes have been taken about this just as usual.

Gabriels lawyer asks to hear experts of the centre for treatment of people that suffered torture from Berlin/Aachen they could affirm that traumata does not necessarily results in a passive behavior just as the experts in court said, aggressive behavior is a possible reaction, too. The judge retorts he should formulate an application and that it is time for lounch hour now.

After lunch break further application are made.

Application Jose : Attachment 10 The officers that have been present at the gas station and during the escape should be heard again cos he got no translation at the first time since the testimonies frightened him. This can be proved with a hearing of the translator.

Application Jose : Attachment 11 After the application for an expert opinion of Mr. Vogel has been rejected he should affirm that the BKA has the technical means to do such an expert opinion, but doesn’t use it.

For the third time all people have to leave the court for another break. The prisoners gotta go back to the small cells again, too. After 30 minutes all are allowed to come back in and the prosecutor declares that there is no lawful reason for hearing the witnesses again since it was Joses decision to not allow the translation. The judges retreat for another time and all people including the prisoners are forced to leave the court again.

After the break witness Kretschmann-Andemahr appears, but it turns out her name is Kreischner-Angemahr. She testifies that as a doctor she had 12 patients on her list for that day and that she was not outside by day. Regarding that she heard nothing from her neighbors and with her husband who heard the shots she was talking to about that only for a moment.

Following that the defense of Bart makes the 12. application of the day. Application Bart : Attachment 12 is missing The law court should find out who is that person witness Sommer described since it can’t be the witness that has been heard before. That person could testify that Bart ran away from the escape car and it is part of taking evidences to identify that person.

Application Gabriel : Attachment 13 7 former co-prisoners of Gabriel should be heard who could testify in detail about the inhuman conditions in jail. In detail it is refered to the arrangement of the cells and the isolated walk in the yard. A special remark is made by saying that the furniture can’t be moved, the light neither reaches the table nor the bed and that there are no mirrors or just some made of plastic.

The prosecutor wants to dismiss the applications again since it would result in a unnecessary delay of the trial. Gabriels defense replies the last he wanted to make these applications it was too early for it.

Everyone had to leave the court again and it was time for another consultation. The prisoners had to go back to the cellar again.

After another 30 minutes all applications are rejected - Gabriels application is of no importance, Mr. Vogel said on phone that he can’t help with finding evidences and Jose rejected the translation by himself.

The application of Barts defense about the identification of the witness in Halifexstreet is extended and a hint is made that is the duty of the law court to find that witness.

Final the experts are asked if they want to complete their already done psychological opinion. Mrs. Jankowski refers to Martins application about the centre for victims of torture. She declares that indeed panic can be part of trauma, but the accused does not act in panic, neither in the concerning situation nor during the trial. Further the situation itself is of interest to the experts and not what happened before as long as it is not relevant to the question of guilt. To her what happened is not an attack of panic cos this results in a total loss of behavor linked to the situation and she hasn’t seen any reactions during the trial that makes her think of traumata. Gabriel replies to that and says the experts don’t know him, but feel invited to do a psychological opinion. Because of all the bad things he had to go through he has a lot of shit in his head and can for instance sleep for only a few hours at night. Further he explains human beings that have to stand toture for 20 years learn to do deal with their fear to not be overwhelmed by it. Inspite of running away in panic there must be a solution for that fear cos they know otherwise they will be totured again. He claims the expert opinion in trial as "fake". Mrs. Jankowski insists on her testimony that human beings with ongoing experience of torture can be traumaticed, for instance dull or dissociate (feeling like being part of a movie), but act counterproductive and for sure have bodily symptoms. Again she says that in the concerning situation and in court she could not witness such a behavior. Carsten Rubarth asks Mrs. Jankowski about the days in court where she wasn’t present and she replies that their was an "informative mediation" through her colleagues. Petra Pusch, lawyer of Jose, asks Mrs. Dr. Roth about her work with torture so far and the preparations for the trial. She declares that she worked with people in trauma in the field of injury and sexual abuse. Direct contact with people who suffer from trauma she never had before. During an earlier day in court Mrs. Jankowski said that she dealt in her career with one person who was victim of trauma, with a person that had been interned in a KZ. Mrs. Roth said about her preparations that she was looking through some literature but did not read on traumata en detail. Martin Poell, the lawyer of Gabriel said concluding that 1. only one of the three experts dealt with a victim of trauma before and that only for one time. 2. the centre of victim of torture in Berlin or Aachen would be a good source for information and knowledge on this. 3. that turning to the centre of Aachen instead of heading for the highway can be described as such a "counterproductive behavior".

After the experts had been discharged another break in order to formulate an application of the defense had been made. 30 minutes later Mrs. Pusch reads an application regarding the defense of Jose.

Application Jose : Attachment 14 is missing Experts of the traumata centre from Berlin should do an opinion on Jose who act in panic in Aachen. The present experts are not qualified for doing such an opinion cos they neither dealt with literature about torture not consulated experts on this. That Jose did not act in a way that would justify a judgment of trauma can be explained by the fact that he did not understand a thing and visually there were no major irritations.

The prosecutor applies for rejecting the applications once again. That is the end of the day in court. There were some shouts before the three had been taken away and the police did their best to function as human protection.

Next day in court is thursday, august 4th, 10:00. It is rather unlikely that the verdict will be announced this week. But the homepage will always feature the up to date neews. All applications and declarations by Jose will be available there, too. Specially the applications of Gabriels defense regarding the hearing about the FIES-regime should be noticed.