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CRIME

False teeth of the dead: finders keepers?

An Erfurt court has decided not to force a 56-year old man to pay damages for more than 31 kilos of gold teeth taken from the crematorium in Hamburg where he worked between 2003 and 2011.

False teeth of the dead: finders keepers?
Coffins awaiting incineration in a crematorium. Photo: DPA

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Hamburg cemeteries brought a case against the man in the Erfurt federal labour court for damages of over €250,000.

Based on the average price of gold over the time period, his haul may have been worth more than twice as much over the years.

But the judge found that while he had been convicted of disturbing the dead in June, it was not clear that the items he removed belonged to the crematorium.

Working with accomplices, including his wife, who has since died, the man sifted gold and other precious metals from the ashes of the dead and sold them on.

He has since spent the all the money he earned through the dealings, the court heard.

The thefts continued despite his being warned in writing by his employer not to remove valuables from the remains in 2005, but it took a further six years for him to finally be fired.

At issue in the case was the legal question of whether the valuables implanted in the deceased become 'unowned' after death and no longer belong to anybody.

While the former employee argued that this was the case, the Hamburg cemeteries authority believed that only it should have been allowed to keep and sell the precious metals.

The court has now confirmed that crematoria are within their rights to sell on the material, while noting that that does not imply they are the rightful owners. The deceased's loved ones might also have a claim to the proceeds.

Such remains are an important source of revenue for local authorities across Germany, sometimes bringing in a revenue stream of hundreds of thousands of euros per year.

The money is usually used for social purposes but is sometimes simply added to municipal budgets.

Because of the legal grey area over ownership, the man was not charged with theft. He was already found guilty in an earlier trial for disturbing the remains of the dead and breach of custody of the remains. A suspended jail sentence was handed down at the time.

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FLOODS

German prosecutors drop investigation into ‘unforeseeable’ flood disaster

More than two and a half years after the deadly flood disaster in the Ahr Valley, western Germany, prosecutors have dropped an investigation into alleged negligence by the local district administrator.

German prosecutors drop investigation into 'unforeseeable' flood disaster

The public prosecutor’s office in Koblenz has closed the investigation into the deadly flood disaster in the Ahr valley that occurred in the summer of 2021.

A sufficient suspicion against the former Ahr district administrator Jürgen Pföhler (CDU) and an employee from the crisis team has not arisen, announced the head of the public prosecutor’s office in Koblenz, Mario Mannweiler, on Thursday.

Following the flood disaster in the Ahr region in Rhineland-Palatinate – in which 136 people died in Germany and thousands of homes were destroyed – there were accusations that the district of Ahrweiler, with Pföhler at the helm, had acted too late in sending flood warnings.

An investigation on suspicion of negligent homicide in 135 cases began in August of 2021. Pföhler had always denied the allegations.

READ ALSO: UPDATE – German prosecutors consider manslaughter probe into deadly floods

The public prosecutor’s office came to the conclusion that it was an extraordinary natural disaster: “The 2021 flood far exceeded anything people had experienced before and was subjectively unimaginable for residents, those affected, emergency services and those responsible for operations alike,” the authority said.

Civil protections in the district of Ahrweiler, including its disaster warning system, were found to be insufficient.

READ ALSO: Germany knew its disaster warning system wasn’t good enough – why wasn’t it improved?

But from the point of view of the public prosecutor’s office, these “quite considerable deficiencies”, which were identified by an expert, did not constitute criminal liability.

Why did the case take so long?

The investigations had dragged on partly because they were marked by considerable challenges, said the head of the Rhineland-Palatinate State Criminal Police Office, Mario Germano. “Namely, to conduct investigations in an area marked by the natural disaster and partially destroyed. Some of the people we had to interrogate were severely traumatised.”

More than 300 witnesses were heard including firefighters, city workers and those affected by the flood. More than 20 terabytes of digital data had been secured and evaluated, and more than 300 gigabytes were deemed relevant to the proceedings.

Pföhler, who stopped working as the district administrator in August 2021 due to illness, stepped down from the role in October 2021 citing an incapacity for duty. 

The conclusion of the investigation had been postponed several times, in part because the public prosecutor’s office wanted to wait for the outcome of the investigative committee in the Rhineland-Palatinate state parliament.

READ ALSO: Volunteer army rebuilds Germany’s flood-stricken towns

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