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CRIME

German cleared of ‘bathtub murder’ after 13 years in jail

A German court on Friday exonerated a former custodian who had spent more than 13 years in prison for the suspected murder of an elderly woman found in a bathtub.

Manfred Genditzki leaves the court in Munich with his wife Maria after the announcement of the verdict in the retrial of the so-called bathtub murder case.
Manfred Genditzki leaves the court in Munich with his wife Maria after the announcement of the verdict in the retrial of the so-called bathtub murder case. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

Manfred Genditzki had been handed a life sentence for allegedly killing an 87-year-old tenant of the building where he worked in 2008 by striking her on the head during a dispute and then drowning her.

Genditzki had consistently denied murdering the woman during a lengthy legal battle.

In a judicial scandal that made national headlines, the judges of the regional court in Munich ruled that Genditzki had been wrongly convicted and ordered compensation of nearly 369,000 euros ($402,000).

“It was not a murder, he is acquitted and thus innocent,” a court spokesman said, referring to new evidence suggesting the death was accidental.

Local media reported that Genditzki sat impassively as the verdict was read out while many of his supporters wept openly in the courtroom.

Genditzki, now 63, who had worked in a large residential complex in the southern town of Rottach-Egern, had already successfully contested his conviction before a federal tribunal but was found guilty again by a Munich court in 2012.

‘A tragedy’

In a third trial based on advances in forensic science, his defence attorney Regina Rick was able to bring in new evidence showing that the water temperature in the tub where the woman was found pointed to a far different time of death than initially presumed.

A second scientific report presented to the court used a computer simulation to demonstrate that her death was likely the result of an accident.

Rick won her client’s preliminary release last August on the basis of that evidence, given the mounting doubts about his guilt and Genditzki’s previously clean criminal record.

After more than 13 years in custody, he returned to his family and began working as a driver at a cheese factory while the regional court granted him a new trial.

Friday’s acquittal, which even the prosecution ultimately advocated, “came on the basis of expert reports using the most modern methods which were not available at the time of the previous convictions”, the court spokesman said.

After spending 4,915 days wrongly imprisoned in which he missed taking part in raising his children or witnessing the birth of his grandchildren, Genditzki is now exonerated, he said.

“This is a tragedy that can hardly be put into words,” he added.

The court ordered Genditzki to be paid €75 for every day he spent in jail, amounting to just over €368,000. He may also be able to claim additional damages for lost income.

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CRIME

How politically motivated crimes are rising in Germany

Crimes with political motivations have risen in Germany according to police data, with cases of right-wing extremism making up the majority of crimes reported last year.

How politically motivated crimes are rising in Germany

Germany’s Criminal Police Office (BKA) registered 60,028 politically motivated crimes in 2023, the highest number recorded since records of this statistic began in 2001.

That’s almost two percent more politically motivated crimes than were recorded the previous year. But of those, 3,561 cases involved violence, which is approximately 12 percent less compared to 2022.

Interior Minister Nancy Faeser (SPD) presented the statistics this week. “We are seeing a new high in crimes directed against our open and free society,” she said according to Tagesschau. “We must show unequivocally that the rule of law does not accept this violence.”

Majority of political crimes classified as right-wing extremism 

With a total of 28,945 crimes, right-wing extremist-motivated cases made up the largest portion of political crimes in 2023 – up 23 percent from the year before.

There were 714 people recorded as being injured by right-wing extremist violence.

The President of the BKA, Holger Münch has previously emphasised that right-wing extremism remains the greatest threat to free democratic basic order in Germany.  

Although significantly less were recorded, left-wing extremist attacks also increased last year to 7,777 reported incidents.

Religiously motivated crimes increased by the biggest percent

Crimes registered as religiously motivated increased by the biggest proportion, up 203 percent from the previous year according to the BKA figures – to a total of 1,458.

The number of cases related to a foreign ideology also rose.

Anti-Semitic crimes also reached a new high last year with 5,164 offences being recorded (148 of these being acts of violence).

Conflict in the Middle East has certainly had an effect on domestic crime as well, with 4,369 crimes recorded as being connected. That figure is 70 times higher than the previous year, with more than half of them recorded after Hamas’ attack on October 7th. Of those, 1,927 were considered anti-Semitic by the BKA.

Public servants and asylum-seekers face increasing risk

The number of crimes against politicians and political volunteers also increased by 29 percent last year.

In recent weeks, a worrisome spike in both right- and left-wing attacks on politicians has been observed across Germany.

READ ALSO: Why are German politicians facing increasing attacks?

In her comments, Interior Minister Faeser warned that “a climate of violence” is being brought, especially by right-wing fringe groups.

Also motivated by right-wing ideologies were an increase in the number of attacks on asylum-seekers and refugees. Last year saw a significant increase in these attacks including 321 violent acts and 179 crimes against asylum accommodations registered.

Crimes targeting the “state” fell last year by 28 percent compared with 2022.

READ ALSO: Why experts say Germany’s rising crime rate is misleading

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