A week ago I wrote about the fascinating
case of
Gustl Mollath, the man sitting in a psychiatric clinic in Bayreuth claiming he
was railroaded by the Bavarian justice system. Since then I’ve been trying to find a
way to establish a neutral position and to understand what might be going on
with the justice system in the German state of Bavaria. It has all the makings of a major
scandal, yet for reasons I can’t explain, nobody outside Germany seems to have
picked up the story. All links to references are in German, unfortunately, but I trust anybody who would like to poke around in the details can make good use of the Google translator. Translations are mine and I welcome corrections if they are needed.
Just to review the he says/she says part of the story, Bavarian Minister of Justice,
Beate Merk, tells the tale this way.
Petra Mollath, of Nuremberg, takes her husband Gustl to court charging that he beat her
and tried to choke her to death.
The judge, Otto Bixner, decides Gustl is delusional because he keeps
ranting about some money laundering scheme, so instead of jailing him for wife-beating Bixner sends Gustl Mollath to a psychiatric clinic in Bayreuth. A judgment call. All on the up and up.
Not so, says Gustl.
First, I never beat my wife.
She made that up. Second, I
was never delusional. What I said
about the money laundering and tax evasion was all true.
Now if you were raised with Perry Mason and hundreds of films and documentaries about court trials, as I was, what happens next will strike you as something out of fantasy land. The judge, all on his own, decides to lock Mollath up in a psychiatric clinic, without a single audible peep out of anybody, apparently. I have to admit I am unfamiliar with German justice, but didn't Mollath have a lawyer? Were there no investigations into Mollath's claims?
Apparently not. Now move ahead six years to 2011. Apparently out of nowhere, the Nuremberg Hypo-Vereinsbank where Petra worked suddenly
reveals that, although the police never investigated Mollath’s charges of
banking chicanery, the bank did do an internal investigation. Furthermore, they found he was telling the truth,
and fired her and a colleague she was working with. A third colleague resigned. The bank filed the report somewhere, but never apparently shared it
with the police, because they saw no reason to.
Now tell me this story doesn't have stink written all over it. How could anybody believe the bank
would fire a couple of its employees for breaking the law on money laundering
and not call the cops. Wouldn't this scream for an investigation into whether
somebody else at the bank was involved in the scheme, and whether the clients
Petra Mollath was working for didn't maybe step in and shut down further
investigation?
It remains to be seen whether the stink is coming from separate sources, or whether they are all tied together. Let's start with the judge who tried Mollath, Otto Bixner. He’s now retired and still maintains he
did everything by the book, a claim Merk backs him up on. But this begs the question of what the book says. Or should say. How the hell does a judge get to
put a private citizen in a mental institution without more to go on than his own view
that the citizen is a raving lunatic? Are there no expert witnesses in Germany? No psychiatric evaluations that figure
into such “sentencing”? Does a judge really have that much p̶o̶w̶e̶r̶ discretion?
Since Mollath was not charged with wife-beating, there is
perhaps no point in belaboring the point that it was his word against
hers. But the judge should at least have asked for some evidence he
attacked her, wouldn't you think? Did she see a doctor? Where there medical records? Witnesses? Nobody followed that up because the hospitalization
sidetracked the criminal charges.
When asked to explain the hospitalization, Merk, to this day, says it
was appropriate “because he was dangerous.” But he had only Petra's word to go on, and she had apparently been
heard to say that she knew she could claim he was crazy and "do him in."
Now wait a minute.
He was hospitalized because he was delusional, not because he was
dangerous. Nobody pursued the
question of danger, as far as I know.
And now it turns out the charges of paranoid delusion were false. The judge never gave Mollath his fair
day in court; he never checked his story.
I’m an American looking at a story of German justice. It’s possible, since I’m going on news
reports and not from personal investigation, that there is a whole lot of
information out there that would lead me to conclude otherwise, but I haven’t
found it. I’m sitting here
wondering what the hell is wrong with the German justice system that they
haven’t snapped into action and let Mollath go. Just the obvious evidence given in 2011 by the bank should
have led to that. Why is he still
sitting in an institution? And, perhaps the most serious question raised by this story, is there no oversight in Germany that would prevent indefinite incarceration on the basis of a single judge's opinion?
Another question that looms large is how come the people at
the Clinic for Forensic Psychiatry in Bayreuth where Mollath is interned are not speaking
out? Do they think he belongs
there? Is it that they are
speaking out and the authorities are ignoring their pleas? Are they complicit in an unwarranted
hospitalization? Or are they
persuaded Mollath was correctly diagnosed by Judge Bixner and that his
continued open-ended hospitalization is justified?
I realize that these questions will give some people reason to think I’m
inclined toward conspiracy theories, but a few clear answers from the right
authorities would knock these questions right out of the water, it seems to me.
Here are some of the reasons I’m asking them:
1. First of all there is Gustl Mollath claiming he’s been
falsely hospitalized. And he’d
like you to read that: imprisoned.
2. There are two charges pending against Beate Merk of obstruction
of justice, false imprisonment and perversion of justice. One of these was
filed by the
office of Rainer Schmid in Munich, and the other bythe “Arbeitsgruppe Recht und
Psychiatriemissbrauch (Task Force for
Legal and Psychiatric Abuse)” of
Saxony, according to spokesperson Brigitte Schneider. In a
report to a
Giessen (in the state of Hesse) newspaper the Task Force
charged Merk with using the methods of the Stasi (The former East German Secret Police) to prosecute
the case and with lying to Parliament. They are also
urging Bavarian
Minister-President (State Premier) Seehofer to fire her. Further details are available at the
site of the ARD, the German national
broadcasting system, which broke the story.
3. The story is
being carried with obvious sympathy for Mollath in a number of prominent German
papers. Here’s one in the
Süddeutsche Zeitung titled “
The Man Who Knew Too Much.”
4. I’ve also found a
petition for Mollath’s release with 701 signatures, several pro arguments and
no contra arguments that was delivered to the Bavarian Parliament (Landtag) in December 30, 2011. Lawyers associated with the case,
according to the web page are Dr. F. Weinberger und R. Heindl, a retired judge. (This may be irrelevant, but I also
found a
website which appears to be a blog by someone charging that this
railroading into psychiatric institutions is not an isolated incident.)
This is the kind of information that leads one to ask
questions about conspiracy theories, and I am in no position to assess the veracity of these claims, of course, but they are real questions, it seems to
me, and should at least be addressed. The site’s owner, Rainer Hackman, makes
some strong claims that the practice of false institutionalization as a means
of disarming political or other opposition is widespread. A curious twist in this tangent, irrelevant or not, is Hackman’s
contextualizing of this process of institutionalizing one’s enemies in the
field of
ponerology, the “study of evil,” a field developed by Andrzej M.
Lobaczewski. Lobaczewski also developed the notion of pathocracy, rule by psychopaths. Hackman, in short, places deprivation
of liberty, as is charged in the case of Gustl Mollath, alongside other great
evils covering the whole gamut from militant aggression, conquest and
colonialism to other forms of oppression including not only genocide but
ecological destruction, economic depredation and even domestic conflict. Child
abuse, would be including, and bullying, but also all forms of waste and
neglect. You can see how easily one might spin this story into the end of the world. All the more reason, it seems to me, to get clarification, and get it quickly.
5. To get back to possible evidence that Mollath has a case,
there is the testimony by Wilhelm Schlötterer, a former Bavarian financial
officer and a man with a reputation as a whistle blower. Mollath, he insists,
should be released immediately and Merk should be fired. On May 3, 2011, Schlötterer gave a
talk in connection with the publication of his book, Macht und Missbrauch:
Franz Josef Strauß und seine Nachfolger (Power
and Abuse: Franz Josef Strauss and his Successors) in which he used the Mollath case as an example of the abuse of
judicial power. He concluded:
We consider the
institutionalization of Gustl Mollath in various forensic psychiatric clinics
as illegal and completely out of proportion. It constitutes a human rights violation which endangers all
citizens subject to the laws of Bavarian justice.
Wilhelm Schlötterer’s presentation is
available on YouTube.
6. Merk insists
charges against her are an “
unprecedented attack on the Bavarian justice
system.” And that she is being
attacked not because she has done something wrong, but because her political
enemies see an opportunity of piling on.
But if you look at what they are actually saying, they are giving
reasons for calling for her dismissal – and they are calling not so much for
her head as for clarification:
First there were the “
Free Voters.” Then the
Bavarian Pirate Party joined the fray, arguing that Merk gave false testimony to the Bavarian
Parliament, thus
discrediting herself and doing harm to Bavarian justice, a
charge lodged by
others, as well. According to the Pirate Party website author, Patrick Linnert (who makes a point of declaring he is not speaking for the party),
Whether any of the crimes have passed the statue of limitations is irrelevant. Here it’s not just the entire justice system that has failed to do its duty, but all the experts, all the doctors and caretakers. This scandal shows what can happen when a state is governed for fifty years by the same party. It wouldn’t surprise me to find that among Mollath’s ex-wife’s customers are some big shots in the CSU. We eagerly await further results.
In the article, worth reading in its entirety, Linnert says his purpose is “to give Mr. Mollath a chance at rehabilitation and to clarify
the case completely." He also
maintains that "Ms. Merk’s resignation (is)
absolutely essential.” The commentary
that follows is also enlightening, showing strong support for Linnert’s assertions.
7. Online news magazine
Telepolis on November 23 published another story which
raises questions about Beate Merk.
About three weeks ago, the “medical commissioner for human rights” in
Bavaria, Maria Fick, filed a complaint against Beate Merk, charging abuse,
urging a review of the case and demanding reparations. Merk has yet to respond to the
charges. To make the story even more
interesting, Merk questioned
Fick’s competence in a public session of the Bavarian State Parliament, despite
the fact that Fick has twenty-two years of experience in private practice, plus
ten working in a clinic, and was for four years vice president of the Bavarian
State Medical Association, specializing in medical ethics.
In an interview with a fairly aggressive ARD interviewer, Merk adamently insists she has done nothing wrong. When the interviewer asks her to
explain why the D.A.’s office never explored the charges Mollath made about
phony bank accounts in Switzerland, Merk answers, “You’re mixing information
from two sources. The tax office
can proceed without evidence of a crime being committed; the district
attorney’s office cannot.” This is
not evidence, note, that Mollath was hospitalized with good reason. It is evidence only that Merk played by
the rules of the game.
Mollath’s case was reviewed by Dr. Leipziger, the clinic's chief doctor, but Fick found "discrepancies" in his findings and described them as “
inconclusive,” raising the question how it is Mollath could
have been institutionalized on the basis of such findings – to say nothing of his being held there
indefinitely. In the ARD
interview, Merk refuses to address the evidence of Mollath’s paranoia, arguing
that the D.A. acted on the basis of information available to it at the
time. The interviewer
presses her, “If he was institutionalized on the basis of paranoia over taxes,
how is it the taxes were not part of the investigation?” Merk answers that he was
institutionalized on the basis of his attack on his wife – because he was
dangerous, in other words, not because he was paranoid. She does not explain how people who are "dangerous but not paranoid" end up in psychiatric institutions, and not simply jails.
The interviewer persists. In 2007 a separate evaluator of Mollath’s mental state
reports no evidence of paranoia.
How is it, the interviewer wants to know, that Merk left that
information out in her report to Parliament. Merk repeats that it is not her job to comment on the
decision made by the judge in the original case.
The entire interview is available
here and is worth watching, if only to see a tough interviewer in
action. Whether Merk’s insistence
that she is being bombarded by questions she should not be expected to answer
(arguably that she is being bullied by a reporter) is a separate question. The interview comes to an end because
she finally decides she has had enough.
The interviewer asks, “Just one more general question.” Merk responds, “No. I’m done.”
The tide seems to have turned. New reports come in daily suggesting there is something
really rotten in the Bavarian Justice System. Today’s papers are carrying the ongoing story. For samples, see
here,
here,
here, and
here.
I still find no mention of the case in the non-German press,
but I suspect that is about to change.
This is definitely a story to follow.
For further, more detailed information, one place to start
is the
petition being sent round to free Mollath and
bring about Merk’s resignation. It
includes links to both The ARD report, “
Report Mainz” and a
chronology of the case put out by the working group Gustl-for-help.de as well as
several other parts of the story.