07:31 - 
1 comment
1 comment
Berlin Wall Shooting Case & East German Laws
§ Happened during Third Reich 1933-1945
Ø 13.8.1961 – Berlin wall was build
Ø 9.11.1989 – Berlin Wall came down
Ø 11/1992 – Federal Court of United Germany hld EGBG guilty for Berlin wall
shootings
Ø 1/12/1984 – Incident
§ So there was questions whether soldiers at that time had valid
justification and permission
§ Section 27 Border Law of the German Democratic Republic if felony can use
fire arms and to climb the wall is a felony
|
Berlin Provincial Court (lower court)
|
German Federal Court (Higher Court)
|
|
No proportionality for continuous firing by the
soldiers
|
Said lower court misapplied allowing retrospectively
|
|
Preventing crime that is not endangering life of
another could never justify the killing of a person
|
Supported that action of soldiers her is accordance
to GDR law and that time it was in force
|
|
Only if Section 27 of GDR law is not available at
that time then it would be possible to punish
|
|
|
The law can only be invalid if their act had
disobeyed the higher order of law or it was a gross offence
|
|
|
Court here decided that the law was just such laws
and relied on Section 27
|
|
|
Although it was stated that law was invalid from the
outset of gross or fundamental elements of justice and humanities but the
validity of law could not be questioned
|
|
|
Fuller might approve
|
Hart might approve
|
1 comments:
Hello Shasa How are you? I saw your blog onlyy a few months ago. Good work, In the above posts the 'approval' of Hart and Fuller should be reversed for the Berlin provincial court decision it is that Hart might approve and for the Unified German Supreme Court decision Fuller might approve. Enjoy your work. With Best Wishes Prof, Myint Zan.
Post a Comment