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Hans Karl Filbinger (15 September 1913 – 1 April 2007) was a conservative German politician and a leading member of the Christian Democratic Union in the 1960s and 1970s, serving as the first chairman of the CDU Baden - Württemberg and vice chairman of the federal CDU. He was Minister President of Baden - Württemberg from 1966 to 1978 and as such also chaired the Bundesrat in 1973 - 74. He had to resign as minister president and party chairman after allegations about his role as a navy lawyer and judge in the Second World War. While the CDU Baden - Württemberg elected him honorary chairman — a position he held until his death — he remained a controversial figure. He also founded the conservative think tank Studienzentrum Weikersheim, which he chaired until 1997. Filbinger was born on 15 September 1913 in Mannheim. Filbinger studied law and economics in Freiburg, Munich, and Paris. Having earned his doctorate in 1939 with the dissertation "Limits to majority rule in stock and corporation law", he worked as a lecturer at the University of Freiburg. In 1940 he passed his final examination. Filbinger, a Catholic, was married to Ingeborg
Breuer and had four daughters and a son. Filbinger first came into contact with Nazi organisations as a student. He was a member of the Jugendbund Neudeutschland (Youth Federation New - Germany), which he had joined in grammar school. As this Catholic students' federation with political leanings to the Centre Party opposed their being integrated into the Hitler Youth, it was banned. Filbinger, who was a leading member in the district of Northern Baden, in April 1933 called his fellow members to continue their work with their previous intentions and issue a programme for the upcoming future. As a result, the NSDAP deemed him "politically unreliable". On 1 June 1933, Filbinger joined the Sturmabteilung (SA), and
later also the National Socialist students federation,
but largely remained an inactive member. Attorney
General Brettle advised Filbinger, as he was applying
for his first examination in January 1937, that he
could not expect to be admitted to the Referendariat,
the preparatory service required for future state
employees without having cleared himself from these
political complaints. Seeing
himself barred from the second examination and hence
blocked from any further professional career,
Filbinger asked to be admitted to NS party membership
in spring. In 1940, Filbinger was conscripted into the
German Navy. He was promoted to the rank of Oberfähnrich and later
to that of lieutenant. In 1943 he was ordered to
enter the military legal department - according to his
own account, against his will. Two attempts at
avoiding this by volunteering for submarine squads
didn't succeed. Filbinger
served in the legal department until the end of the
war in 1945. This period of his life was later raised
to prominence in the Filbinger
affair. During that time he was a member of the Freiburg circle,
a group of Catholic intellectuals centred around the
publisher Karl Färber.
Filbinger used his periods of leave to return to
Freiburg and attend lectures by Reinhold Schneider, a writer critical
of the Nazi regime. Without his knowledge, two of the conspirators of the July 20 Plot — Karl Sack and Berthold Schenk Graf von Stauffenberg—
recommended Filbinger for employment after a
successful coup, adding that one could always rely on
Filbinger's "principled anti - Nazi stance and
loyalty". In 1946, Filbinger resumed his academic work
at the university of Freiburg, subscribing to Walter Eucken's ordoliberalism, and settled down as
lawyer. In 1947, he was coopted into the International
anti - trust commission, chaired by Eucken and
Karl Gailer. In 1951 Filbinger joined the Christian Democratic Union and rose
to be chairman of the CDU of Southern Baden. In 1953,
Filbinger was elected to the city council of Freiburg.
In 1958, minister - president Gebhard Müller appointed
him an honorary state council. As such he was a member
of the state government, mainly concerned with the
interests of Southern Baden in the young state of Baden - Württemberg. In 1960,
Filbinger was appointed Minister of the Interior.
In the same year, he was elected into the state
parliament of Baden - Württemberg, in which he
represented the city of Freiburg. He remained a member
of parliament until 1980. In 1966, minister - president Kurt Georg Kiesinger was
elected Chancellor of Germany and
Filbinger succeeded him as minister - president of
Baden - Württemberg. At that time, the CDU's
coalition partner FDP broke
with the CDU in order to form a government with the SPD. Dramatic negotiations resulted in
Filbinger forming a CDU - SPD government, mirroring
the Federal Great
Coalition. The Great Coalition continued after the state
elections of 1968 and went on to reform the
administrative system. This reform merged many towns
and districts to create more viable units. According
to Filbinger, towns are "true sources of power for the
state and provide the citizen with the feeling ... of
having a home". The results transcended the historical
borders of the historic regions of Baden and Württemberg. The two regions had
only been united in 1952 after a referendum. Their
relationship had never been easy and the opposition
against the new "South - West State" remained strong
in Baden. Proponents of Baden's independence raised
concerns about the legitimacy of the 1951 referendum
because of the controversial voting modalities. In
1956, the Federal Constitutional Court declared the
modalities and the merger of the states legal but
added that the will of the people of Baden had indeed
been glossed over by political machinations. The
decision had no immediate consequences until Filbinger
became Minister - President. He himself hailed from
Baden and after the court had reiterated its earlier
verdict in 1969, the Filbinger administration in 1970
held a second referendum in Baden, which resulted in
an overwhelming approval of the merger. Filbinger has
been dubbed "architect of Baden - Württemberg's
unity" for this. Filbinger also pushed his party, that still
was organized as four distinct regional parties to
unite into a single CDU of Baden - Württemberg
and was duly elected the first chairman. In the 1972 state elections, the Filbinger's
CDU achieve 52,9% of the vote, gaining an absolute
majority for the first time. In 1976, campaigning
under the slogan "Freedom instead of socialism", he
increased his party's vote to a hitherto unsurpassed
56,7%. Filbinger was a staunch opponent of leftist
tendencies in politics and the universities, and
figured prominently in the struggle against terrorism. Against nationwide trends,
he opposed comprehensive schools and expanded the
state's tripartial school system (Hauptschule,
Realschule, Gymnasium) and also vocational schools. As minister - president of Baden -
Würrtemberg, he was President of the Bundesrat, the representation of the
states on the federal level, from 1973 to 1974. During the 1970s, Filbinger enjoyed a
tremendous popularity as a patriarchal figure. He was
elected a member of federal CDU executive board and
also deputy chairman. Analysts even deemed him a
possible candidate for the presidential elections in 1979,
when his career suddenly ended in 1978 due to the Filbinger
affaire, an event from which his reputation has
never recovered. The first criticism of Filbinger's war time
record dates back to 10 April 1972. Two weeks before
the Baden - Württemberg state elections, the Der Spiegel magazine
published one of Filbinger's verdicts. On 29 May 1945,
Filbinger presided at the trial against artillery man
Petzold and sentenced him to six months imprisonment
for incitement of discontent, refusal of obedience and
resistance. In an editorial, the Spiegel also
claimed that, based on Petzold's memories, Filbinger
had referred to Hitler as "our beloved Führer ...
who has brought the fatherland back up". Filbinger
immediately reacted by filing a law suit against the Spiegel,
demanding that the Spiegel desist from making such a
claim. The court decided in favour of Filbinger, since
it found Petzold an unreliable witness and the alleged
quote in conflict with Filbinger's other utterances
and actions. Nonetheless, allegations against
Filbinger continued at various occasions, e.g. in 1974
when Filbinger as President of the Bundesrat spoke at
the tricennial of the July 20 Plot, or in
1975 during the debate about a nuclear facility at Wyhl. Debaters often twisted or
neglected the existing evidence or confused the
circumstance, Petzold's anti - Nazi stance in
particular, with the actual verdict. Filbinger's verdict against Petzold was
especially criticized for having occurred after the
surrender of the German military on 8 May 1945.
However, the British military command had charged
German officers in Norway with maintaining order among
the German prisoners - of - war. Later the Petzold
trial was confused with other cases involving
Filbinger, creating the legend that Filbinger had
sentenced a soldier to death for having spoken out
against Nazism after German surrender. The controversy was brought to the boiling
point by the controversial German author Rolf Hochhuth. On 17 February 1978 the
German weekly Die Zeit published
a preview from Hochhuth's novel A Love
in Germany (published
October 1978), the backbone of which was the case of
seaman Walter Gröger. Hochhuth accused Filbinger
of having "participated" in four death sentences as a
navy lawyer. The Petzold trial, though not involving a
death sentence, Hochhuth deemed "outrageous" for
having been held after the end of war. In his
allegations, Hochhuth called Filbinger "such a
dreadful lawyer, so that one has to presume that ...
he is only living in freedom because of the silence of
those who knew him." As in the previous case,
Filbinger filed a law suit against Hochhuth and Die Zeit,
seeking to have the claim quoted above banned as
libel. In contrast to the previous case, the court did
not take the incriminated sentence as a unit but
analysed and judged it bit by bit. On June 13, 1978
the court decided that Hochhuth's claims about illegal
behaviour were indeed a libellous charges and banned
the author from repeating them. However, The term "a
dreadful lawyer" was deemed a judgement of opinion
protected by freedom of speech. The court has been
criticized for mistaken the causal connection between
the two statements for a simple addition. Filbinger
abstained from appealing the court's decision, and
though Hochhuth did not repeat his "illegality"
charges (and later even claimed that no one ever made
such charges) the other allegation were echoed and
variegated by the media. During his stint as a Navy lawyer, Filbinger
had been involved in 230 cases, of which six were of a
capital nature. In three of these cases, Filbinger was
the attorney for the prosecution, in two cases he had
been the presiding judge and in one case he had
interfered from outside. In May 1943 several seamen employed in
clearing up the scene after an air raid on Kiel were
accused of having stolen some petty goods from a drug
store. Filbinger, as prosecutor, demanded the death
penalty for the ringleader Krämer and the judge
did sentence Krämer to death. After the verdict,
Filbinger again interrogated the seaman about the
incident and afterwards wrote a report putting the
condemned man in a positive light. Filbinger appended
this report to the verdict that had to be sent to the
superior commander for confirmation and as the
commander asked Filbinger to comment on the question
whether the man should be pardoned, the prosecutor
made the case for commuting the death penalty into a
prison sentence. The commander agreed and sent
Krämer into a punitive camp. Filbinger himself
called his actions "an act of artifice, of
manipulation, a lie, without a doubt". The second case was the case on which
Hochhuth's novel was based. The seaman Walter
Gröger, deployed to Norway, had planned to desert
and flee to Sweden with his Norwegian lover. The
couple was found out and arrested and Gröger
sentenced to eight years of prison. However, the
commander of the fleet denied confirmation, returned
the case to the Oslo court martial and ordered the
prosecution to demand the death penalty. On the day of
the trial, the original prosecutor, who already had
pleaded for the death penalty, was prevented
participating and Filbinger, who hadn't been involved
in the case, was appointed prosecutor. According to
the Admiral's orders, Filbinger demanded the death
penalty and the court sentenced the seaman to death. Admiral Dönitz rejected a
plea for pardon. On 16 March 1945 Gröger was
executed and, according to military custom, Filbinger
supervised the execution. In two cases Filbinger saved opponents of the
regime from execution: He interfered in the
confirmation process of the case of military chaplain
Möbius, who had been sentenced to death for a
political statement. The case was reopened in spring
1945 and Möbius subsequently acquitted. As
prosecutor in the case against Lieutenant Forstmeier,
who had made some remarks about the July 20 Plot, he
influenced the witnesses to testimonies, that could be
interpreted in the defendant's favour, prolonged the
proceedings and obtained a verdict of demotion and imprisonment on
parole. Forstmeier was supposed to be sent to
frontline combat, but the end of the war prevented
this. Finally, Filbinger issued two death sentences
as a Navy judge: On 9 April, the Oslo court martial
chaired by Filbinger dealt with the case of four
seaman, who had killed their commanding officer and
fled to Sweden. In absentia, the court sentenced them
to death for murder and desertion. (In 1952, one of
the seamen was again brought to trial and sentenced to
ten years in prison). On 17 April 1945, Filbinger
chaired the absentia trial against an Oberststeuermann
who had taken his boat and fourteen seamen to Sweden
and sentenced the officer to death for desertion and undermining morale. Both verdicts were
issued in absentia and could not reach the defendants.
These two death sentences have been explained as an
attempt of avoiding a breaking down of military
discipline even at the end of the war, especially
since the Navy was involved in evacuating two million
Germans from East Prussia that was
encircled by the Red Army. According to Veteran FAZ editor
Günter Gillessen, who reviewed the case in 2003,
the facts paint a picture different from that of a
bloodthirsty and unrepentant Nazi judge, a view
confirmed by Adolf Harms, who worked as a judge
alongside Filbinger, including the Gröger case,
and described Filbinger as "no fierce dog",
"definitely not a Nazi" and as someone with a
decidedly negative attitude towards the then current
political leadership". It should be
noted that Harms has been described by some as a
"Scharfmacher", a baiter. Filbinger was not only criticized for his
actions during the war, but also for his reactions to
the allegations in 1978: In his first reactions to the
allegations, Filbinger had claimed that he had "never
issued a single death sentence", which was later
contradicted by the revelation of the two in
absentia cases
from April 1945. That
Filbinger recalled the two death sentences of 1945
only during the controversy in 1978 seemed incredible
and outrageous to many. Filbinger explained this by
characterizing the verdicts as "phantom verdicts" with
no further consequences for the absent defendants. Another issue revolves around the sentence "Was
damals rechtens war, kann heute nicht Unrecht sein" ("What was
lawful then, cannot be unlawful today."). This comment
was part of an interview the Spiegel had
conducted with Filbinger on 15 May 1978. The Spiegel
interpreted the quote as a justification of Nazi laws,
whereas Filbinger had referred to the military penal
code of 1872, that was in force throughout the Second
World War. Filbinger complained that his quote had
been edited and taken out of context and his then
spokesman Gerhard Goll, who had been present during
the interview, called the magazine's interpretation
"not only untrue but also an infamy". Goll stated that
Filbinger was referring in particular to the fact that
all nations in 1945 considered the death penalty as an
adequate and necessary deterrent against desertion,
whereas he had always considered and labelled the Nazi
state as a "tyranny of injustice". Still, the quote as
originally published stuck with Filbinger and has been
the basis of much of the recurring criticism. Since
then Spiegel, Zeit and other
media have repeated the controversial interpretations,
leading to letters of protest by Filbinger. In 1991,
the Zeit was
forced by court injunction to publish
corrections. Filbinger's critics have been criticized for
violating the presumption of innocence and for
putting their adversary in a vicious circle, in which a rejection
of allegations is taken as a confirmation of guilt. Filbinger has been criticized for not
enquiring about other cases after the first
allegations, for not being forthcoming enough or for
placing too much emphasis on the legal dimension of
the allegations.
He also has been criticized for not uttering regret
for his involvement or sympathy for Gröger,
though he explicitly agreed with a comment by the
judge presiding over his 1978 libel case: "The verdict
against Gröger is regrettable and can only be
explained by the one word: war. Every war is
gruesome!" After CDU politicians had joined in the
criticism, Filbinger resigned as minister - president
on 7 August 1978, and also as chairman of the CDU
Baden - Württemberg. In both positions, he was
succeed by Lothar Späth. Despite this, the
CDU Baden - Württemberg appointed him honorary
chairman in 1979, which he remained until his death.
Filbinger also had to relinquish his offices in the
federal party, resigning as deputy chairman in 1978
and giving up his seat on the executive board in 1981.
As he resigned from office, Filbinger stated that the
attacks would be revealed as untrue, if they hadn't
been so yet. Some historians and lawyers have agreed
with this, while others dispute this conclusion. The
CDU Baden - Württemberg considers Filbinger as
rehabilitated. After his withdrawal from politics, Filbinger
in 1979 founded the conservative think tank Studienzentrum
Weikersheim (Weikersheim
Centre of Studies), which he chaired until 1997. In 1987, Filbinger published his memoirs
titled Die
geschmähte Generation (The
slandered generation), in which he again defended
himself against his critics. In a review of this book,
historian Golo Mann called
the events of 1978 a "masterly orchestrated hunt
against Filbinger". After the collapse of the GDR in 1989/90, two Stasi lieutenants revealed that they had been involved in the campaign against Filbinger:
Stasi document P3333 reveals that Filbinger had been spied on since the end of the 1960s. Note that the use of the word Fascist adheres to usage prevalent in Communist states. Filbinger's case sparks controversy even to this day. On 16 September 2003, a day after his 90th birthday, Filbinger was honoured by a reception at Ludwigsburg palace. The 130 guests included most government ministers of Baden - Württemberg and his successors Lothar Späth and Erwin Teufel. Protests accompanied the Ludwigsburg reception and had previously resulted in the cancelling in of a similar reception in Filbinger's home town Freiburg. Filbinger has been elected to the Federal Convention as a representative of Baden - Würrtemberg's parliament in 1959, 1969, 1974, 1994, 1999, and 2004. The last occasion in 2004 caused controversy, as SPD, Greens, PDS, the German PEN and the Jewish Council protested this choice. However, on 31 March 2004, all candidates, including Filbinger, were unanimously confirmed by all parties in the state parliament, including the SPD and Green groupings. Filbinger died on 1 April 2007 in Freiburg im Breisgau. On 11 April 2007, Günther Oettinger, the current Minister President of Baden - Württemberg, held a controversial eulogy during the memorial service for his predecessor. In his speech Oettinger described Filbinger as "not a National - Socialist" but "an opponent of the Nazi regime", who could flee the constraints of the regime as little as million others". About Filbinger's role as navy judge, Oettiner pointed out that no one lost his life because of a verdict by Filbinger and had not the power and freedom supposed by his critics. Oettinger was subsequently accused by politicians and the media of diminishing the significance of the Nazi dictatorship. German Chancellor Angela Merkel reacted with public admonishment, stating that she would have preferred if "the critical questions" would have been raised. Oettinger was also criticized by opposition politicians and the Jewish Council; some of his critics even called for his demission. Oettinger at first defended his speech but added that he regretted any "misunderstanding" about his eulogy, but did not withdraw his comments on Filbinger's past. However, on April 16 he distanced himself from his comments. |