Trial & Death
Arrest warrant from the Hamburg public prosecutor dated 22 February 1960
In 1963, Arthur Harder was found guilty of two counts of accessory to murder and sentenced to three years and six months imprisonment. Before the sentence could be carried out, Harder died.
On 4 February 1960, the Koblenz Regional Court issued an arrest warrant against Arthur Harder, who had been classified by the Darmstadt-Lager arbitral tribunal on 2 July 1948 and had not previously been convicted. In addition, the Hamburg public prosecutor's office investigated his involvement in "Sonderkommando 1005" and issued an arrest warrant on 22 February 1960.1
Arthur Harder denied having been a member of "Sonderkommando 1005", but had to answer for his actions before the jury in Koblenz from 15 October 1962: He was accused of having participated in the burning of several people alive in Blahaǔščyna in autumn 1943.2 The court stated in its taking of evidence and the reasons for the verdict that Arthur Harder had not participated in the mass executions in the district of Minsk, but had taken part in the burning alive. The court established the unlawfulness of the killing and assessed it as murder under §211 StGB.3
Statement by Arthur Harder to the public prosecutor's office in Frankfurt am Main on February 1, 1960
The court recognised, in mitigation of the punishment, that Arthur Harder had played a significant role in determining the course of the execution, but had not shown any will to "take the lead". The jury was also convinced that Harder had only wanted to participate as an "auxiliary" and regarded himself as a mere "tool". Under these premises, the court saw Harder as an assistant within the meaning of §49 StGB, but not as an accomplice under §47 StGB.4
The Koblenz Regional Court came to the conclusion that Arthur Harder was guilty of two counts of accessory to murder and one count of attempted murder. On 21 May 1963, the court sentenced Arthur Harder to three years and six months imprisonment for accessory to murder.5 Before the sentence became final, Arthur Harder died in Frankfurt am Main on 3 February 1964.6
Responsible for content: Frank Wobig
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1 Cf. LG Koblenz: Lfd-Nr. 552, JuNSV Bd. XIX. p.171; StAnw Hamburg 213-12 0597-001. p. 155 sowie Ullrich, "Ich fühl mich nicht als Mörder", pp. 252-254.
2 Cf. LG Koblenz: Lfd-Nr. 552, JuNSV Bd. XIX. S. 248; StAnw Hamburg 213-12 0597-001, p. 132.
3 Cf. ibid., p. 276 and 303f.
4 Cf. ibid., p. 303f.
5 Cf. ibid., p. 165.
6 Cf. Ullrich, "Ich fühl mich nicht als Mörder", pp. 252-254.