The film is based on Peter Weiss’s play of the same name, first performed in 1965, which addresses the first Frankfurt Auschwitz Trial (1963–1965). Prof. Dr. Klaus Günther, Professor of Legal Theory and Criminal Law at Goethe University Frankfurt, and Prof. Dr. Tobias Freimüller, Deputy Director of the Fritz Bauer Institute, will provide context for the excerpts and discuss the legal prosecution of National Socialist crimes.
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Long after the end of the war, the legal prosecution of National Socialist crimes in the Federal Republic of Germany remained hesitant. Many perpetrators returned to everyday life without facing prosecution, including to positions of influence. Fritz Bauer, the Hessian Attorney General, played a key role in bringing about the first Frankfurt Auschwitz Trial. The proceedings, which began in 1963, are still regarded as a turning point: they brought the crimes committed at Auschwitz to broader public attention and shaped Germany’s engagement with National Socialism for decades.
An interview series by the Hans and Berthold Finkelstein Foundation presents the perspective and recollections of Gerhard Wiese, one of four prosecutors in the trial. Across three interviews, Wiese looks back on the investigations, a journey to Auschwitz and the legal challenges involved in prosecuting National Socialist crimes.
At the beginning of the trial, Gerhard Wiese had been working as a prosecutor for only two years. He was assigned two of the main defendants, including Wilhelm Boger. In the first part of the interview, Wiese reflects on what he found most difficult about this task and how he learned to cope with it.
The prosecution wanted to see the site for themselves. As there were no diplomatic relations between the Federal Republic of Germany and the Polish People’s Republic at the time, the visit to Auschwitz was only made possible by a specially negotiated agreement guaranteeing safe conduct. In the second part, Wiese recalls the journey. He explains why the group was under considerable time pressure and why the song “Heidenröslein” remains associated with the visit in his memory to this day.
The Frankfurt Auschwitz Trial had far-reaching public significance. At the same time, the legal prosecution of the crimes encountered limitations. In the third part, Wiese describes why key motions and lines of evidence ultimately failed.