Germany Nazi - Former SS officer sentenced in World War II massacre case
TAPE: EF02/0573
IN_TIME: 23:18:20
DURATION: 2:53
SOURCES: APTN/ POOL
RESTRICTIONS:
DATELINE: Hamburg, 5 July 2002
SHOTLIST:
APTN
1. Exterior court
2. Mid shot court lists
3. Close up court list showing timings of former SS Major Friedrich Engel's case
4. Engel's defence lawyer, Udo Kneip, entering court room
POOL
5. Wide shot Engel and defence lawyer with press in court (before verdict)
6. Close up Engel
7. Mid shot with Engel with defence lawyer
8. SOUNDBITE: (German) Friedrich Engel:
"Q: What verdict do you expect?
A: I expect it to be not guilty of course, not guilty."
9. Various shots journalists in court
10. Engel sitting with defence lawyer
11. Close up Engel
12. Close up Engel's defence lawyer
13. Wide shot of court (before session)
APTN
14. Set up shot prosecutor
15. SOUNDBITE: (German) Jochen Kuhlmann, Prosecutor:
"Today justice has been served. This case, we can say, has achieved justice."
16. Set up shot, Olivia Bellotti, lawyer and representative of families of victims
17. SOUNDBITE: (Italian) Olivia Bellotti, Lawyer and representative of families of victims:
"It's very important for us to show after 58 years the court has decided that someone is responsible (for something that happened such a long time ago), that someone is still responsible."
18. Mid shot press
19. Set up shot defence lawyer on steps of courthouse
20. SOUNDBITE: (German) Udo Kneip, Defence lawyer:
"Doctor Engel has asked for justice and this verdict is not just. In sentencing, it was important for the court to prove that the murders were cruel. But I think that the murders cannot be called atrocities, as I said before, because you have to look at the world "cruel" in two different ways in relation to the charges. Every murder is cruel, but we have to differentiate relevant to the charges and we have to take into account the time the murder took place."
21. Wide exterior courthouse
STORYLINE:
Ending one of Germany's last trials for Nazi crimes, former SS officer Friedrich Engel was convicted on Friday of 59 counts of murder for a "cruel and illegal" World War II massacre of Italian prisoners, and sentenced to seven years in prison.
But the court said he won't have to serve out his sentence due to his age.
Engel, 93, denied the charges and blamed Nazi naval officers for carrying out the shootings in May 1944 at a mountain pass outside Genoa, Italy.
Prosecutors sought life in prison but the Hamburg state court issued a lesser sentence, given "exceptional circumstances" created by the long interval since the crimes.
The court rejected Engel's argument that naval personnel who guarded the transport from Genoa's Marassi jail bore the main responsibility, noting that Engel was the highest-ranking officer present.
The court based its findings on witness accounts, including those of several former German military officers, and historical records presented during the trial, which opened on 7 May 2002.
The shootings at the Turchino Pass were in retaliation for an attack on a movie theatre that killed five German soldiers during Italian partisans' fight to drive Nazi occupying forces out of the country.
Prosecutors described the killings as particularly cruel, saying the Italian captives were bound in pairs and forced to walk onto a plank over an open grave where they were shot.
At the time, Engel headed the Genoa branch of an SS intelligence unit charged with tracking enemies of the Nazis.
He testified he approved the list of prisoners from Genoa's Marassi jail to be shot and was present during the killings, but did not order the massacre or shoot anyone himself.
Engel's lawyer pleaded for acquittal, pointing out that the Hamburg state court last week upheld arguments that such reprisal killings were not explicitly outlawed under rules of war in 1944.
That argument, however, also was rejected.
Despite the court's ruling that Engel remain free, there remains a chance he could go to jail if he does not appeal and if prosecutors find him fit to serve.
However, it was unlikely they would disregard the court's verdict.