THE RUDOLF REPORT

11. HUNTING GERMAR RUDOLFRefusal of Foreign Witnesses Without ReasonIn the middle of the 1980s, the German criminal justice systemwas altered so that motions could effectively be denied to hear the testimonyof foreign witnesses in their own country. In the course of thetrial concerning Remer’s distribution of my report, it became obviousthat several foreign revisionists had participated in the operation indirectlyor directly. Since these revisionists faced the possibility of arrestif they traveled to Germany, due to their revisionist activity, theywould have had to give their testimony outside the country. Because ofthe reformulation of the German law, however, it was possible for thecourt in the final phase of the trial to deny numerous motions of thedefense that were intended to hear the testimony of foreign witnessesoutside the country on key questions. The effect this can have on thejudgment is obvious.Prevention of AppealIn criminal proceedings caused by crimes that are considered bythe German authorities to have caused major violations of law and order,the trial is held immediately on the District Court level, i.e., onwhat normally is supposed to be the appeal level (the first level is theCounty Court). In such cases, the accused has only one trial duringwhich evidence can be presented, that is, there is no appeal possible tothe verdict of this court! Only a so-called application for a revision ofthe verdict with the German Federal Supreme Court is possible, butsuch an application can only criticize errors of form (matters of law).The factual assertions of the deciding court, i.e., description andevaluation of evidence (matters of fact), will not be discussed anymore.Furthermore, it is usually the case that applications for a revision willbe denied by the German Federal Supreme Court, if the defense is theonly party to request it.Whoever determines, and on whatever basis, whether or not lawand order have been seriously violated by an offender, must remainopen. But such a serious violation seems to be always given, if the offencemassively attacked political taboos. In such cases—where theaccused’s entire existence is at stake—he has no possibility of reopeningthe taking of evidence in an appeal.The fact that recent attempts were made in Germany to deny anappeal even for trials of minor misdemeanors held before County341