ROSEN_190205_287
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Prisoners of war or war criminals?
The "Central Division for Legal Protection to Germans Prosecuted Abroad" in the Federal Ministry of Justice official help and warnings for Nazi criminals

01 Help for Prisoners of War

It went without saying that the young Federal Republic of Germany would work committedly on behalf of former German soldiers held abroad as prisoners of war. However, former Nazi jurists in the Ministry used their knowledge about the whereabouts of "old comrades" to warn them of the threat of prosecution abroad. Thus, under the cloak of offering legitimate legal assistance, an efficient "early warning system" was set up, benefiting a large number of war criminals who had absconded abroad. How much did the Federal Government know about this secret dual function?

02 The Founding of the Central Division

On 1 December 1949, the Bundestag passed a resolution to set up a Central Division for Legal Protection to Germans Prosecuted Abroad (Zentrale Rechtsschutzstelle – ZRS). Its task was to provide legal assistance for Germans being held abroad as prisoners of war or facing charges on account of their actions during the Nazi period.

Thomas Dehler, Federal Minister of Justice, to the Bundestag on 1 December 1949:

"The Federal Government recognises the need to provide legal protection for Germans detained and prosecuted abroad as a result of the war - not with a view (...) to granting protection to war criminals, but at least to do our part to grant these people the most primitive legal guarantees."

03 The Leading Figures

Dr. Hans Gawlik took overall charge. Dr. Gawlik had been a public prosecutor in Breslau before 1945 and subsequently worked as counsel for the defence. He had experience of criminal trials and was the Director of the "Coordination Office for the Promotion of Legal Protection for German Prisoners Abroad" at the Länder Council in Stuttgart.
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