Judgment against Franco A.: The question of determination

Status: 07/15/2022 04:45 a.m

Franco A. is accused of planning an attack out of right-wing extremist sentiment. He is said to have acquired a pseudo-identity as a Syrian refugee. A verdict is expected today.

The defendant’s last word is as short as it is sheepish. Franco A explains that he himself is partly to blame for many of the “painful experiences” that he has had to go through in recent years. His behavior also contributed to the long duration of the proceedings. He regrets all of that.

In the end, only he himself knows whether it is real insight that ensures that Franco A.’s last statement before the Frankfurt Higher Regional Court (OLG) is so short, or resignation. Just as ultimately only he himself can answer the questions, The whole trial has been about this for more than a year: did the lieutenant in the Bundeswehr want to commit a right-wing terrorist attack? And did he specifically pose as a Syrian refugee?

Gun deposited at airport

It has been more than five years since the now 33-year-old from Offenbach was arrested at the airport in the Austrian capital Vienna. Two weeks earlier he had deposited a functional and loaded pistol in the cleaning shaft of a disabled toilet. When he returns to take her back, the handcuffs click. The gun was discovered by a cleaning lady and reported to the police. She patiently awaited the return of Franco A.

This is the beginning of the case of Franco A. When his fingerprints are subsequently compared, it turns out that they are already registered: under the name of Benjamin David – a refugee from Syria who was registered in Bavaria. Further investigations follow. And they bring threatening things to light.

After the arrest in Vienna, Franco A. was quickly free again. But at the end of April the Bundeswehr officer was arrested again. Not the only one. Two friends who investigators believe may have been privy to and involved in A’s terrorist plots. Weapons, ammunition and explosives are seized during house searches. The Attorney General takes over the investigation.

Numerous clues

Five years later, Franco A. sits alone in the dock. One alleged co-conspirator has since been convicted of illegal possession of a weapon, while the other has not even been charged. In both cases it was not enough for a terrorist charge. In the case of Franco A., on the other hand, the indictment was approved after a long legal back and forth.

Today, after 14 months of trial, the verdict is due. It is clear that Franco A. will be sentenced. The question is: what for? The father of three has at times admitted illegal possession of weapons, ammunition and explosives. He has also admitted receiving government support under the false identity of Benjamin David.

However, the accused still denies the preparation of a serious criminal offense endangering the state. His defense insists on acquittal on this charge. In fact, the taking of evidence in the extensive proceedings presented a great deal of circumstantial evidence, but no definitive proof.

With attitude not kept behind the mountain

However, if the trial was able to prove anything very clearly, it is the defendant’s worldview. In numerous notes and voice memos, A. himself has stated that he adheres to right-wing extremist conspiracy theories, such as believing that western societies are to be destroyed through targeted mass migration, that the USA is trying to impose “its dirty democratic system” on the rest of the world and thereby being controlled by “the Jews”.

Franco A. did not hold back with such views. He expressed them openly to comrades and also recorded them in a master’s thesis at the French military academy Saint Cyr. Although this was rejected, his superiors left it at that. The professional soldier did not have to fear any further consequences.

In doubt for the accused

The defense, meanwhile, paints a completely different picture of their client. Franco A. only pretended to be a refugee to document how easy it was to exploit the German asylum system. For this, explained his defense attorney Moritz David Schmitt-Fricke, he should now be punished in a political process.

If the verdict against Franco A. is mild, he could in any case leave the courtroom on Friday as a free man. He has been in custody again since February. After he took notes and Nazi memorabilia on a trip to his former place of residence in Strasbourg, France, the court assumed there was a risk of collusion.

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