The Federal Supreme Court (BGH) revoked arrest warrant against Franco A. The former Bundeswehr soldier is accused of having planned attacks on leftist politicians and people of public life. For this he was to have a gun and a camouflage identity as a Syrian fugitive.
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The third criminal Senate of Federal Court of Justice now ruled that no primer existed. From previous investigation result, urgent suspicion for preparation of a serious state-threatening violent crime cannot be deduced. A. be released from custody.
The indictment accuses a. of having planned attacks out of a right-wing extremist attitude toger with accomplices. According to first investigations, he wanted to direct suspicion of refugees. Although he did not speak Arabic, Federal Office for Migration and refugees had granted him limited protection after a hearing in French at end of 2016. Franco A. Also referred to benefits under Asylum seekers Performance Act.
The BGH now argues that accused would be burdened by investigation, “however, due to several discrepancies, it is not at present in high measure necessary for justification of an urgent Tatverdachts that it is actually in Accused him of preparing an assassination attempt on a person of public life. ” A. has been in custody since 26 April.
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With discrepancies BGH says above all: it has not been possible for investigators according to BGH’s opinion to prove how a. wanted to commit his alleged deeds. In addition, judges evaluated a video that a. Probably took up in a refugee shelter. In this, a. complained that he had to give up his fingerprints for his registration as a fugitive. This, according to BGH in its explanatory statement, contradicts indictment, according to which a. gave his fingerprints extra to direct suspicion of a fugitive.
In addition, a. Had to give his fingerprints under his real identity after presumed attack weapon, a pistol, was found at airport in Vienna. The prosecution assumed that a. was n holding on to his plans for attack. The judges consider this to be unrealistic. After an attack, ” suspicion would refore have fallen not only on refugee, but also on accused himself”.
The BGH also concedes, however: conspiratorial behavior that accused had with great energy is suspicious. More than that. It is possible that “not all relevant circumstances” have been revealed.
