5th day of trial, 01st of april 2005
At the daily entrance procedure the supporters wondered that the identity cards and passports would be copied once more. The "old" copies had been destroyed finally so said the guards of the court.
The accused were brought before court one by one. Gabriel came again only in his panties. When the court finally sat down, the supporters stood up, held high banners on which was written "Torture is reality" and shouted "Stop Tortura".
Nohl asked Gabriel if he wouldn’t be too cold. Geimer the prosecuter gave an "explanation" with which he imputed Gabriel as if he wanted to get a cold on purpose, to get excluded from the trial.
Mr. Hinueber, specialist for psychiatry and psychotherapy, who checked up and questioned José for 50 minutes in the Aachen prison yesterday after the trial told the participants of the trial about his results. He said Jose wouldn’t suffer from chronical or severe sickness what makes him capable of being imprisoned and of taking part at the trial.
But he would stress from a long rally. The reasonableness would be around 6-7 hours and 1-2 days of trial a week.
He said also Jose would already be stressed out mentally from his history - 23 years of prison, 13 in isolation. But José wouldn’t be depressive or weak-willed by that. For somebody who has such a long history of prison he would be quite in a good condition. Stress from the treatment he could not diagnose so far. The cognitive disturbances would be a result from his history.
José fears that the somatic disturbances like high blood pressure could increase to the worse in the next time. Hinueber said the mental stress from the transport wouldn’t have a big meaning. The bigger problem would be the uncertain result of the trial.
José described the conditions of his imprisonment as "relatively acceptable" except the isolation. He would like to come together with other prisoners to be able to exchange.
After request Hinueber said that he did not talk to other participants of the trial since the checkup. while the check up two officers of the prison and the spokesman were in the room. he felt the attendend officers as a normal procedure - this would be always like that in the prison.
After Hinueber was released from court Nohl gave another explanation.
He ordered that the copies of the identity cards of the visitors were only allowed to be seen by the court-guards and by no one else. His already existing order to destroy the copies of the identity cards he changed to the order to destroy them after each day. The file had to be kept under lock and key and must not be seen by the police anymore. This he decided after the defendants Lindemann, Franke, Israel, and Poell remarked that with the current handling visitors could be scared off from coming to take part at the trial. So far he just thought that the examination of the police was only for the "defence of danger".
Barts lawyer Sven Lindemann asked for a written version of the paper and it followed a break.
Gabriels lawyer explained afterwards that in a talk between him and Nohl which happend before the beginning of the trial was declared that the data of the visitors would neither be given to the police nor to other services. Since the employee of the court Maas(phonetic) said that he was ordered by the chief of the police - Krämer - to give the papers to them there can be made the assumption that Nohl agreed with this kind of actions. It was not meant to be a "defence of dangers" - for this cause there would not be requests necessary at the secret service files "Inpol". Nohls declarations we wouldn’t have known anything he regards as wrong. Further Poell meant that this way of handling would be against the law, since the public would possibly be excluded from the trial throught this deterence. To clear out these things he would like to ask Krämer to be witness.
Because either the police would have "a life of its own" and Nohl doesn’t have "power over the court" or there would be arrangement. He doesn’t think the first assumption is true, since at the beginning of the trial the visitors were obviously filmed in front of the court-room.
Nohl wanted to decide later on if Krämer would be asked for a testimony which was refused by Martin Poell. Nohl said that the problem about the police wouldn’t be bothering anyone anymore which was responded by Martin Poell again that the mistrust was already build up.
Ulf Israel wanted to know then how the procedure with the police should happen and Nohl answered that he supposed that the wish of the police to watch the copies of the identity cards was only for the "defense of danger". He asked Nohl if he gave the order to the current handling and Nohl couldn’t remember anymore.
Sven Lindemann asked how the topic "copies" appeared when he talked with the police which he also couldn’t remember anymore. Further Lindemann wanted to know what would be the legal grounds for the passing on of the data to the police, his answer was once more "defence of danger". Lindemann said that the findings of the data bank at "Inpol" weren’t important for the security officers of the court, who aren’t even interested in the individuals since they would only be responsible for the security of the court.
Geimer the prosecuter said he would need half an hour to prepare his statement to this. Poell said he would need one hour to prepare another application.
Begonia’s Lawyer Pusch, pushed not to destroy the copies of the identity cards yet, since these papers could be useful at a questioning of Krämer.
After the break the defensive lawyers continued with the application of the challenge of the judge for bias (to read in german on www.escapeintorebellion.info ). The accused also challenged Nohl, since through his handling of the copies and the security rules concerning the visitors he would be biased concerning the accused ones and so they would mistrust him inmeanwhile. Through all this it happend a stigmatisation and the public of the trial would not be granted anymore.
end of this day of trial at 13:45. To be continued on 07th april 2005 at 10:00 room 339 of the "landesgericht" aachen.
the benches of the visitors aren’t full yet. come.