Requirement for the BKA's Involvement in Discussions
The Federal Criminal Police Office (BKA) is pressing ahead with its investigation into individuals who correspond with Daniela Klette or visit her in prison, despite medical concerns and legal challenges.
The BKA's mandate to investigate federal criminal matters, including security concerns linked to extremist activities and threats, gives them the authority to question those connected to Klette. This includes correspondents and visitors, even in the face of medical concerns.
Two individuals in Bremen and Hamburg, one suffering from lung disease and the other from heart disease, have been served witness summonses and refused to testify, resulting in fines of 500 euros each. Both intend to refuse to testify again, risking higher fines or coercive detention of up to six months.
The basis for the BKA's interrogation intentions is a reasonable suspicion that a crime has been committed or prepared, allegedly based on letters to Klette or visits to her in Vechta Prison. However, it is unclear how a possible objection against the official medical finding will be competently dealt with in a week.
The highest authority over these proceedings, Federal Interior Minister Alexander Dobrindt, has not indicated any intention to stop the BKA's activities. The Federal Administrative Court has stated that the medical assessment of the official doctor does not have absolute precedence over the assessment of the treating family or specialist doctor.
In the ongoing trial in Verden, Klette is accused of taking 2.7 million euros in 13 fundraising actions. She is also facing another trial for alleged attempted murder in two cases and complicity in explosions committed by the Red Army Faction. Her lawyer, Lukas Theune, has stated that Klette was not present at any of the crime scenes.
Four more individuals are set to be questioned by the BKA in the near future. Ernst-Volker Staub and Burkhard Garweg, alleged accomplices of Klette, are wanted and have photos of the dogs they supposedly walked. The official medical examination for Klette is scheduled for August 7.
The principle of free evidence does not allow for an absolute precedence, and all evidence is fundamentally equally valuable. However, the BKA has been criticised for ignoring the findings of treating doctors, with Lukas Theune expressing doubts about an indictment for the additional charges.
[1] German Law on the Protection of Constitutional Rights (Grundgesetz) [3] German Code of Criminal Procedure (Strafprozeßordnung)
The ongoing investigation by the Federal Criminal Police Office (BKA) regarding war-and-conflicts associated figures, such as Daniela Klette, also encompasses the realm of politics, given the security concerns linked to extremist activities and threats. This investigation extends to her correspondents and visitors, despite medical concerns, as evidenced by the witness summonses issued to individuals in Bremen and Hamburg.
The BKA's investigation into general-news topics like Klette's activities also delves into crime-and-justice matters, as she faces trials for fundraising, attempted murder, and complicity in explosions. The principle of free evidence, as codified in the German Code of Criminal Procedure (Strafprozeßordnung), is being exercised in this investigation, but the BKA has faced criticism for disregarding the findings of treating doctors.
