What is the reinstatement eligibility

Holstein. in Schleswig-Allies and. Denazification. Ulf B. Christen The denazification. Parliament


1 Research into Schleswig-Holstein's post-war history reveals considerable gaps. This applies in particular to the area of ​​post-Nazi history, in which fundamental studies on the question of denazification of society as a whole are missing, as are special studies on the denazification of certain areas of society in the country, such as the churches and the judiciary, public administration and universities, or agriculture . One reason for the research deficit: The files are difficult to access, some of them either destroyed by worried National Socialists in the last days of the war or the first days after the war, or after the end of the denazification in Schleswig-Holstein, it was officially destroyed. Another reason: For decades, the state government, and in some cases also the universities and social associations, showed little interest in critically reappraising the Nazi aftermath and thus also its own history. The reason is understandable. After all, the post-war history in Schleswig-Holstein shows numerous personal and structural continuities that cannot be concealed by the painstakingly constructed and vehemently defended self-protection of the perpetrators and accomplices, an hour zero "which levels guilt and innocence. The question of which one has not yet been investigated The importance of the first four Schleswig-Holstein state parliaments after the end of the war in carrying out denazification, to what extent and at what point in time the state parliaments influenced the practice of denazification with which laws or they were able to help shape it Julius Fürstenau rates the most important decision of the Allied Control Council on denazification in addition to the passage of Law No. 10 1, d as signed on December 20, 1945, regulating the punishment of persons guilty of war crimes, crimes against peace or against humanity "2, especially the Control Council Directive No. 24, which came into force on January 12, 1946 and in the the removal of formerly active National Socialists as well as those who were hostile to the Allies from public and semi-public offices and from positions of responsibility in important private companies "was ordered. 3 Ulf B. Christen The denazification in the Schleswig-Holstein State Parliament 1946 to The Control Council Act No. 10 was replaced by Ordinance No. 69 of the British military government transferred from to their zone. While in the other zones the punishment of persons who, according to the judgment of the Nuremberg Court of Justice, had belonged to criminal organizations was guaranteed within the denazification laws, the British occupying power established German courts of first and second instance by ordinance no.69 were subordinated to the Central Justice Office of the British Zone. Ordinance No. 69 stipulated the following maximum penalties: a) Allies and denazification imprisonment for up to 10 years, b) Confiscation of property, c) Fine. "(Cf. MGGG, No.16, aa 0., S) 2 MGGG, No. 5 , op. cit., p. 46. According to Act No. 10, it was not only the perpetrator who was responsible for these crimes, but also the person responsible for the act. Only the large number of people affected by Directive No. 24 made it necessary to set up German committees and for their procedural rules to involve the state parliaments for the first time in denazification. Thus, the first appointed Schleswig-Holstein Landtag, in accordance with the objectives of the British occupying power, has helped, ordered or promoted it and was involved in its implementation. As a criterion for Participation in a crime was defined by the Control Commission in Act No. 10 as belonging to certain categories of criminal associations or organizations whose criminal character was determined by the In International Military Tribunal. " This affected the following organizations: the corps of political leaders, the Gestapo, the SS and the SD. 3 Immediately from their positions should be removed according to Directive No. 24: /. Persons who were active as officials or in any other way in the party, from local to the Reich offices, or in one of its affiliated organizations or in such organizations that promote military teaching; 189

2 //. Persons who approved of National Socialist crimes, racial persecution or uneven and unfair treatment or who participated in such acts; willingly participated ha- ///. Persons who were openly declared supporters of National Socialism or militaristic or racial doctrines, or IV. Persons who voluntarily provided the NSDAP, its leaders or sovereigns with essential moral, material or political assistance of any kind. "(Control Council Directive No. 24 in Ruhl, loc. , S) 4 The implementation of Control Council Directive No. 38 was ultimately regulated by Regulation No. 79 of the British Military Government of (see MGGG, No. 16, aa0., S). The five categories into which persons according to Regulation No. 79 were classified according to the degree of their exposure and could be subject to specified sanctions, were divided into a total of 23 sub-categories. The classification of those affected into categories I and II as well as their denazification of this group of people should be in the internment camps was reserved for the military government assigned to these two categories, should classify the German denazification committees set up with Zone Executive Order No. 3 in categories 111 to V. 3 However, the supervision of care and treatment was reserved for the occupation authorities. In German penal institutions in the first legislative period, the guidelines for the application of Directive No. 24. On October 12, 1946, the Control Council made the change from the arrest and release system of this directive to a more differentiated classification of those affected into five different categories, to which different sanctions were assigned, by passing Directive No. 38 on the arrest and punishment of War criminals, National Socialists and militarists and the internment, control and surveillance of potentially dangerous Germans ". The British occupying power only took over this control council directive for their zone with Zone Executive Order No. 54 4, which was issued in February 1947. Responsibility for denazification, at least for those of the categories 111 to V, the British occupying power did not delegate to German authorities until October 1, 1947. With Ordinance 110 on the transfer of denazification tasks to the governments of the federal states, "the military government provided a narrow framework within which the parliaments d he British zone had to enact its own denazification laws. Schleswig-Holstein, in which the law on the continuation and completion of denazification "was passed by the state parliament on February 10, 1948, remained the only state in which the parliament and the military government were finally able to agree on a legal text. In the other countries of the In the British zone, the occupying power continued denazification through ordinances. It was only with the establishment of the Federal Republic of Germany that the Allies lost their responsibility for denazification.5 On October 15, 1950, the Bundestag gave the federal states guidelines on how to end denazification. The second elected Schleswig-Holstein Landtag passed the law to end denazification on March 17, 1951 ". by persons who have been indicted or convicted by courts or tribunals of the occupying powers or occupation authorities; the supervision of the enforcement of criminal judgments against such persons and in matters of their amnesty, pardon and release. "(Occupation Statute in Ruhl, op August 1953 on German positions (cf. Fürstenau, op. Cit., P. 159). 6 Arrests were made in the American zone, in the French zone and in the Soviet zone as Nazi automatic arrest The British military government led after the occupation of Schleswig -Holstein's immediate arrest of active National Socialists, the automatic arrest ", and the denazification, above all, of the public service. Up until January 1, 1947, more than people were admitted to the internment camps that were set up in all zones, all of them in the British zone. 6 In the main internment camp for civilians in Schleswig-Holstein, the Röster leather factory in Neumünster-Gadeland, there were up to two internees at times. 7 Unlike the American and, in some cases, the French military government, which transferred responsibility for the internment camps to German authorities in November 1946 and September 1947, the camps in the British zone continued to be subject to British supervision. 8 Inevitably, at a later point in time, British and German denazification intentions collided, for example on the question of whether 190

3 people released from internment camps were to be subjected to the German denazification process. More than half of the internees in the British zone, Fürstenau gives their number, left the camps again by January 1, 1947.9 When the British army occupied Schleswig-Holstein, they found an intact provincial administration after Jürgensen which initially remained largely untouched in order not to destroy its functionality. In the course of denazification, only the top and thus the representatives of the administration from the Nazi era were released ". However, as Schneider describes it, there was initially a remarkable confusion with regard to the practical implementation of 'the personnel elimination of National Socialism. "' In Schleswig-Holstein, in the first weeks after the end of the war, the Kieler Kurier, a newspaper reported on December 15, 1945, reported Military government, 21 mayors and district administrators, 80% of the mayors, every fourth teacher and 10% of the police ", dismissed from their positions. While the administrative top and the public service as a whole were subjected to a thorough denazification in the first phase of the British occupation, the self-purification decreed in the summer of 1945 '' 2 soon reached its limits, in other areas (jurisdiction, economy) denazification was almost completely omitted. "'3 The denazification questionnaire campaign also began in Schleswig-Holstein in the summer of 1945. The British military government gave an overview of the previous results in their zone at a meeting of the Control Commission on October 12 and 13, 1945. According to this, there were over a million at that time Questionnaires received, arrests in cases, dismissals in cases. "4 If the allied standards were applied, it was estimated at the conference that one and a half million people in the British zone would have had to be removed from their offices" 5. Fürstenau judges then also as follows about the stringency with which the British The military government pursued denazification: it would not have regarded denazification in its zone as the primary goal of its occupation policy, even less did it undertake this task with the vigor and thoroughness of the American military government To represent the entire population of Schleswig-Holstein ", the military government appointed the President and 60 members of the first Landtag. In addition to democratic legitimacy, the first Landtag lacked parliamentary rights. Not so much the fundamental importance, but the practical work of the first parliament in Schleswig-Holstein activist suspects (see Fürstenau, op. Cit., P. 44). 7 Cf. Otten, op. Cit., P. The public service 8 Cf. Fürstenau, op. Cit., P. 45. According to Otten, the Kiel public prosecutor received the criminal offenses committed against Germans during the Nazi regime , who conducted the investigation, was only given permission to conduct interrogations in internment camps in March 1947 (cf. Otten, op. cit., p. 299). 9 See Fürstenau, op. Cit., P. 44f. According to Fürstenau, after two years in which on the basis of Ordinance No. 69 were carried out on the arbitration chamber proceedings, the arbitration chambers ended their work. Fürstenau on the outcome of the proceedings against the internees: Most of them had already served their sentence imposed by the verdict against their imprisonment when the verdict was pronounced. That is why a large number of them were released from the internment camp before their proceedings were concluded. "(Fürstenau, op. Cit., P. 106) 10 Jürgensen, Gründ, op. Cit., S Schneider, U .: After the victory: occupation policy and military government , in: Foschepoth / Steininger, loc. cit., S, here S In the summer of 1945, the military government ordered the administrative staff to be self-cleaning, which, as Schneider put it, was like squaring the circle "because there were not enough unencumbered administrative experts available (cf. . Schneider, op. Cit., P. 62). 13 Schneider, op. Cit., P. 63. On the complex denazification and justice see Wenzlau, JR: The Reconstruction of Justice in Northwest Germany 1945 Athenaeum Jurisprudence, Justice and Society 8, Königstein / Ts The first appointed (provincial) state parliament (26. February to September 13, 1946) 191

4 14 Reusch, op. 0., p. 164f. 15 Ibid., S Up to September 1946, the British suspended Germans, including teachers, permanently or temporarily from duty "(Overesch, op. Cit., P. 105). 16 Fürstenau, op. Cit., The strength of the individual parliamentary groups: CDU : 16 members plus 20 guests; SPD: 23 members; KPD: 6 members; FDP: if there are not guests, 2 members; one member of the Danish ethnic group (see WPI E, 5th meeting, p. 7). 18 WPIE , 1st session, p. 29. In this series of urgent items for discussion ", as Steltzer explained in his opening speech, the problem with the food crisis was missing, which should concern the MPs the most in the coming sessions. "Ibid. What is meant by the British order is the Zone Executive Order No. 3, which specifies the Control Council Directive No. 24 and provided for the establishment of German denazification committees that should give British authorities recommendations for sanctions. 20 On euthanasia, see the outstanding article by Schwarz, R .: Exclusion and Extermination of sick and weak Schleswig-Holsteiners, aao implementation of the Control Council Directive No. 24 after the capitulation of the Nazi regime were in the foreground of the opening speech of Upper President Theodor Steltzer the political weight of the emergency situation in Schleswig-Holstein becomes particularly clear, about an economical but socially acceptable financial policy, about structural alternatives to the masses of armaments industries, "about the planned restart of the German economy" and the development of the German economy aftsverwaltung "as well as the creation of jobs, the sedentaration of refugees, the procurement of housing or the financial system." The question of cleaning up our public life to move forward faster. " Steltzer reported on the order of the military government, according to which cases will be carried out by German examination boards of politically dubious training committees "and added his hope that these examination boards would gain the trust of our population through good and technical work and that this was a factor of great concern and concern Uncertainty in our public life disappears. "9 The placement of this point at the end of the speech and Steltzer's choice of words make clear the importance that denazification should have in the first appointed Landtag. It was seen as politically necessary and justified, but in its extent and schematism as counterproductive for a quick, impartial democratic new beginning and above all as an obstacle to the absolutely necessary maintenance, especially to the reorganization of the life-support structures of the country. Caused by the flow of refugees, housing shortages, the food and economic crisis, as well as the fact that the powers for denazification were in the hands of the military government, a fundamental discussion of the denazification policy of the military government in the first Landtag appointed.Nevertheless, the first appointed Landtag made an initial contribution to the denazification policy in Schleswig-Holstein, within the scope of what was politically possible with the establishment of a denazification committee, the formulation of the implementing provisions for Control Council Directive No. 24 and the establishment of a committee of inquiry into euthanasia 20 in Schleswig-Holstein, but without affecting its design to be able to exert a decisive influence directly. Since the denazification, according to Justus Fürstenau, had now been extended to such a large group of people with Directive No. 24, "it became necessary to introduce an individual procedure to differentiate between active and nominal National Socialists." This procedure became German 192

5 see denazification committees, which were composed of anti-National Socialists and had to prepare the decisions on dismissal or retention in the office for the military government and to vote in an expert opinion. "The legal framework for their work was the denazification instructions of the occupying power, which, according to Fürstenau, always made the final decision '' 2 ' For Schleswig-Holstein, the Landtag formed a special denazification committee at its fifth session on June 24, 1946, which was supposed to remedy serious deficiencies "and differences in assessment" 21 of Directive No. 24 by working out a specific and uniform state procedure : The purification of the authorities and the economy of all personalities who, as a result of their commitment to the principles and views of National Socialism and their continuing influence through National Socialist propaganda for the construction of the new democratic state do not seem suitable. " 13 A distinction was made in the submission between the nominal NS member and the NS activist. When assessing whether someone should be classified as a nominal member, membership of the party and its divisions is not the only decisive factor, but above all personality and inner attitude are decisive Activity and successful advertising for the NSDAPhervorgetanhaben ". For relatives or holders of offices and positions in the party, "it was not enough not to have emerged or attracted attention as an active National Socialist, but rather the denazification committee must be able to gain the conviction on the basis of concrete reports that the person concerned rejected National Socialism inwardly or against it at least disinterested. "In addition, it is important to note whether the person held office and rank in the National Socialist regime voluntarily or under duress. However, this proposal, read out by the committee chairman, Member of Parliament Rudolf Burmester (CDU), did not turn out to be the version originally discussed by the denazification committee, But as a legal revision of the same by the Landtag administration.A precise comparison of the two versions reveals, unlike in the Landtag by Deputy Burmester, not only some linguistic, but also considerable differences in content In several passages, stricter formulations agreed by the Denazification Committee were deliberately weakened in the revised text. In the section that goes into the purpose of the denazification process, for example, the formulation "Neither punishment should be punished nor revenge should be taken" was inserted. Another stipulation was more significant, which was also only 21 Fürstenau, op. Cit., S WPIE, 5th session , S In various regional denazification committees, there had apparently been different interpretations of the stress categories of nominal member ", active National Socialist" and staunch militarist "specified by the British military government. The CDU member Dr. Rudolf Thietz, for example, reported a great deal of confusion "and arbitrariness is not acceptable." 23 Ibid ...., the 193

6 24 Ibid., S Ibid., S. 130f. 26 WPIE, 6. Session, p. 31 in the revised version was used. There it said: Non-membership in the NSDAP and its branches excludes the status of active National Socialist in the sense of regulation 24. "This regulation was heavily controversial. For example, Burmester's parliamentary group colleague Rudolf Thietz declared that there would be a whole lot of people" who were not in the party because they shied away from the penny, but were all the more dangerous. "These should be captured and eliminated." 14 The version drawn up in the committee and the version put to the vote in the state parliament showed further differences. In the passage in which the criteria for exonerating active National Socialists were named, the internal rejection of National Socialism envisaged by the committee was supplemented in the revised proposal with the wording or at least disinterested in it. "Obviously, this was an attempt to address the already poorly concrete criterion of internal rejection "To expand the even more flexible and, above all, much more defensive concept of inner passivity." The Social Democratic MP Georg Seeler rightly asked, What is that: inner attitude? " ls, and then stated that he was satisfied with the attitude "which, however, must have been expressed in some way". In the sixth session, CDU deputy Rudolf Burmester ran again to present the revised guidelines for the directive "in parliament after further consultation in the denazification committee. Essentially, these new guidelines corresponded to the revised version, which was defused compared to the original draft Denazification Committees "the provincial parliament devoted itself for the first time in detail to the possible sanctions on the basis of Directive No. 24, which the committees of the British military government were able to recommend in an expert opinion. The guideline named three possibilities: a) Remaining in office or occupation, or b) Dismissal or removal from office or occupation, c) Further investigations. "26 It was precisely with regard to the question of possible sanctions that it became clear how hard the provincial parliament was trying to to expand the leeway of the denazification committees by means of a differentiated catalog of measures. The submission expressly pointed out that the three proposed sanctions did not exclude the fact that the committees, instead of the dismissal of an official, which, according to Regulation No. Advocate retirement from office with a pension and make individual suggestions regarding the time of retirement, e.g. at the end of the year, the higher pension, e.g. only from the salary that was drawn before 1933, or only in the amount of a part of the amount due Pension, and the duration of the pension payment, e.g. only for limited years. " In addition, the provincial assembly opened the denazification 194

7 Advisory committees have the opportunity to recommend other measures, which would not have to be ordered according to Regulation No. 24, but according to other regulations, e.g. in the event of removal: no confiscation of property; If you stay: relocation to a lower rank, employment only under special conditions or less important matters, leaving with certain conditions. "The great importance that the Landtag attached to this differentiated catalog of sanctions was marked by the request that concludes the chapter Tasks of the Denazification Committees" in the interest a fair implementation of denazification "to make appropriate use of these possibilities". In the eighth session of the first appointed provincial parliament on August 20, 1946, the deputies dealt again with the implementation of the Control Council Directive No. 24, this time with a supplementary proposal by the Denazification Committee, which proposed a further differentiation and expansion of the sanctions to be taken against those with a minority burden. The catalog of atonement measures ", one or more of which could be imposed depending on the type of case, included professional sanctions, removal from service or occupation, financial atonement measures, including the surrender of furnishings or special contributions to a reparation fund , also personal conditions, for example the prohibition to hold public honorary offices or the withdrawal of a driver's license. 27 In the subsequent debate on the catalog of atonement measures, the two MPs Georg Seeler (SPD) and Hugo Bischof (KPD) sharply criticized the previous practice of denazification. Seeler confessed that he was in this kind of paper war, "meaning the extensive guidelines for the implementation of Directive No. 24 and the additional catalog of atonement to be adopted, a little suspicious of" 1 ", at least as long as the decisions made by the denazification committees both afterwards the positive as well as the negative side were completely in the air ". Exactly this would be everyday life in Schleswig-Holstein, because [Final decisions on the part of the British military government, which makes the final decisions, have not yet been made or carried out anywhere. ”29 KPD MP Hugo Bischof also criticized the denazification clearly Year after the beginning of denazification, a huge number of instructions, some of which are carried out, some not carried out, have been issued, but on the other hand, Bishop noted that a huge number of small, very inconspicuous National Socialists were put on the street, and we find something else again : that incriminated Nazis were removed from one company and placed in another company the next day. "The criticism of and responsibility for these conditions 27 WPIE, 8th session, S Ibid., S 'Ibid. Seeler reported specifically on some of the managers , which the denazification committee would have denied the right to run the business The military government would have confirmed decisions, but not implemented them. As a result, the denazification committees are almost ridiculed. "Because many Nazis laugh about it and think: You can meet us in the moonlight. 195

8 30 Ibid., S The Südschleswigsche Vereinigung (SSV) was a cultural and cultural The second appointed Schleswig-Holstein Landtag (December 2, 1946 to April 10, 1947) when the South Schleswig Association of Voters (SSW) was founded with the permission of the military government ) le union. However, in contrast to the refugee country associations, the SSV was allowed to take part in elections. (Cf. Jürgensen, Landtag, op. Cit., P. 75) 32 Cf. Jürgensen, Establishment, op. Cit., P. 47. Elsewhere, in the anniversary volume on the occasion of the 40th anniversary election of the first regional election, Jürgensen gives the following result for the district elections on: SPD (41.5%), CDU (38.2%), FDP (6.7%), SSV (6.7%), KPD (5.0%) and German Conservative Party (DKP) (1.7%), (see Jürgensen, Landtag, op. Cit., P. 75). 33 The British Governor, Air Vice- Marshal H.V. Champion de Crespigny, emphasized in his speech that the current state parliament and the state government will be the first since the occupation that both legislative and executive power for the state of Schleswig-Holstein will have and exercise. "In political practice, the cabinet was however, as de Crespigny realistically stated, a fiduciary government "(WP2E, 1st session, p. 5). The projects passed by parliament only became law if the governor approved them. 34 The large parties, SPD and CDU, voted for majority voting, while the smaller parties, above all the KPD, fought vigorously but hopelessly for proportional representation. According to Bishop, the state election law would be imposed by the population on the German denazification committees, which are completely innocent "because they make a huge number of dismissal proposals that are regularly not carried out by the military government to the same extent." 30 As part of the democratization it promoted from below, the British military government held elections for municipal and district councils on September 15 and October 13, 1946 before the state elections in the spring of 1947. These elections, which can be rated as the first barometer for the political mood in post-war Schleswig-Holstein, confirmed the SPD's claim to political leadership, albeit only just barely, which with 41% of the votes (national average) ahead of the CDU (37.7%) , the SSV (7.3%), 31 the FDP (6.1%) and the KPD (5.1%). 32 It was not only the new composition of the second state parliament that was based on the election results that largely corresponded to that of the The first state parliament, including the main topics with which the members of parliament worked, did not reveal any decisive break between the first two state parliaments, especially when it came to the question of denazification. 33 The main topics that were discussed in the second state parliament: in addition to the crisis in the food industry that dominates the debates, also the housing and refugee issues, the state election system and socialization. A major difference between the state parliaments: the KPD was no longer represented in the coalition cabinet (SPD / CDU). Denazification was only important in relation to the food crisis, especially in connection with the denazification stop in agriculture, as well as the question of the degree of political burden that precludes participation in the state elections. On the occasion of the debate on the government declaration by Theodor Steltzer, Andreas Gayk made it clear how much the British military government restricted the options for political action even for the second appointed state parliament. Already [d] / e regulation no. 57, which outlines the limits of the powers of this state parliament, "showed all Schleswig-Holsteiners, according to Gayk, that political power in Germany is still the degree of powerlessness in which the political parties find themselves in the favor or disadvantage of the military government." According to Gayk, the German self-government that has hitherto been possible would be a democratic pointed hat “, the state parliament only a clerk of the military government”, for which even derausdruck.regierung “would seem a little too much.” In the shadow of the disputes over the question of the electoral system 34 stood the discussion about the Passages of the electoral law in which, with reference to support for the Nazi regime through membership of certain Nazi formations, the exclusion of certain groups of people

9 pen of the active 35 as well as the passive right to vote 36.37 As already mentioned, the second state parliament dealt extensively with the situation of Schleswig-Holstein's agriculture, including the complex of denazification, due to the worsening food crisis in the winter of 1946/47 . In an urgent motion by the SPD, the state parliament was asked to instruct the state government to request the military government for the expedited adoption of the implementing provisions for Law No. 38. "3" The aim of this urgent motion should be to bring the denazification of agriculture to a conclusion as soon as possible. " In his justification, the SPD member Georg Seeler made clear the position of his party that denazification should be carried out as quickly as possible in the agricultural sector, so that the profession can calm down. " However, according to Seeler, the Social Democrats did not want denazification in the sense in which Regulation No. 24 carried it out "39, but those who were really guilty" should be met who were complicit in the misfortune in which Germany was now found. Seeler attached great importance to this separation between the people who were seduced by the "and those who were seduced by National Socialism and who terrorized the population" who also had to be removed from agriculture as quickly as possible. In summary, according to Seeler, the SPD wanted not only a denazification to clean up the peasant organizations, but also a rehabilitation of those who were followers or who had proven that, although they were Pgs [party comrades], they were opponents of criminal National Socialism. " The demand of the previous speaker, Georg Seeler, that the really guilty parties should be found in agriculture as quickly as possible "40 was followed by the Christian Democrat Friedrich-Wilhelm Lübke 41.After an excursus about the hard life in the country, with the farmer it's all about delivering, delivering and delivering again ", the one with the exclamation What does this have to do with denazification?" was commented, Lübke made it clear that the current denazification would only bring unrest and worry, "nothing more. Since with an extension of denazification to agriculture this whole unrest" would also return to the food sector, Lübke asked the state parliament to postpone this for another year. "42 The FDP MP Arthur Oberberg argued even more fundamentally: Since it is very difficult and almost impossible in practice" 43 to separate the so-called guilty from the innocent in the denazification process ", the greatest service would be done to the German people ... if with the Denazification and accordingly also denazification in agriculture 35 Sections 8 and 9 of the electoral law are meant. 8: The following are also excluded from the right to vote: a) Anyone who was a member of one of the following organizations at any point in time: the political leader of the NSDAP from the local group leader upwards, SD (security service) , Gestapo (Secret State Police), General Staff and High Command of the Wehrmacht, SS (Schutzstaffeln of the NSDAP), except for those who were drafted into the Waffen SS; HJ patrol service, b) whoever was 1.

10. "(WP2E, 3rd session, p. 38f.) 9: The persons named in 8b) to f) are, however, entitled to vote if they have voluntarily resigned or excluded from the office or the organization." (Ibid., P. 39) The first elected state parliament 36 This refers, among other things, to paragraph 11 of the electoral law: // All women and men are eligible who on election day ... c) not an active officer of the armed forces or a member of one of the following organizations goods: NSDAP, SA, NSF, NSKK, NSFK, NSDStB, NSDOB, Stahlhelm, Herren-Club, Deutschvölkische Freedom Party, Völkisch-Soziale Arbeitsgemeinschaft, Tannenbergbund, Vikingerbund, Bund VölkischerFrontkäufer, Bund, Werwolf, Bund Oberland, Organization Roßbach. However, applicants can be admitted who have left these organizations voluntarily, have been expelled for political reasons or are particularly suitable for promoting the development of democracy in Germany. "(Ibid., P. AOL) 37 The exclusion criteria largely correspond to Regulation No. . 28, which the British military government had issued for the local elections. "WP2E, Landtag bill 12/11. Appendix, »WP2E, 2nd session, p. 34. Schematic dismissal based on membership of Nazi organizations was rejected. 40 Ibid., S Friedrich Wilhelm Lübke, born in Enkhausen / Westphalia in 1887, was appointed as CDU state chairman without a state parliament mandate from his successor Walter Bartrams in the office of the Prime Minister of Schleswig-Holstein. Lübke headed the cabinet until the end of the electoral term on. 42 WP2E, 2nd session, S Ibid., P. 38. fication in agriculture would be put to an end as soon as possible and a general amnesty would be issued, regardless of the profession and class in which the person concerned is. "Only the former should be pursued further active National Socialists, the truly guilty, categories 1 and 2 as contained in the guidelines [of the directive] No. 38 ". Although some MPs had expressed their criticism of the SPD's motion to carry out denazification in agriculture, the state parliament unanimously accepted the motion. 44 Due to the catastrophic food situation in the first post-war years, however, both farmers and the food administration remained largely unaffected by denazification, thanks to British protection. With the state elections of April 20, 1947, the Schleswig-Holstein population, almost two years after the end of the war and more than a year after the start of parliamentary work at state level, directly determined the composition of the state parliament for the first time. The SPD received an average of 44.4% of the votes cast, the CDU 34.5%, the SSV 7.9%, the DFP 5.1 and the KPD 4.8%. Only the SPD, CDU and SSV were able to win at least one of the 42 Schleswig-Holstein constituencies directly, the prerequisite for participating in the equalization of the majority voting rights decided by the CDU and SPD via the state list, both the FDP and the KPD failed to enter the first elected state parliament. The SPD received a total of 43, the CDU 21 and 6 seats. On April 29, 1947, the military government commissioned the Social Democrat Hermann Lüdemann to form a government and on the same day approved the cabinet list submitted by Lüdemann. 4 Despite the increased political weight of parliament vis-à-vis the military government as a result of the state elections, it continued to have exclusive and final political decision-making power in many areas on the basis of Ordinance No. 57. However, during the legislative period of the first elected state parliament , against the background of the Cold War, the emerging constitution of a West German state and finally the founding of the Federal Republic, the German legislature and executive to participate more and more in government activities in areas previously withheld from the military government, including denazification. At the opening session of the Landtag on May 8, 1947, exactly two years after the capitulation of the German Reich, the British governor, Champion de Crespigny, announced with regard to denazification that if the responsibility for the completion of this work would be in the hands of the State government, it can be given a clean sheet, at least with regard to the higher levels of all professional groups ". 46 Overall, Crespigny valued the work done so far 198

11 in the field of denazification would have been "made good progress" thanks to extensive scrutiny and with the help of the trade unions and political parties, whose proposals were extremely valuable. At the fifth session of the third state parliament on November 10, 1947, the Social Democratic Prime Minister HermannLüdemann expanded his cabinet on the grounds that the bizone, increased cooperation between the federal states and new responsibilities that the British military government had transferred to the federal states would result in an unforeseeable additional burden " 41. Among other things, according to Lüdemann, [d] / t? Denazification ... would now have become a matter for the country and must be reorganized by us. " 4 "As a new member of the cabinet, Lüdemann also welcomed Wilhelm Kaber, who from now on headed the Ministry of the Interior and who, since the English law" stipulated that denazification be directly subordinate to a minister ", was from now on responsible for all denazification matters December 2, 1947 the first draft of a law on the continuation and conclusion of denazification "49. According to Kaber, as an implementation law for Ordinance 110 of the British Military Government, the draft at hand was "almost completely bound by the ordinance. According to Kaber, very narrow limits were also set with regard to the time in which the state government would have to complete denazification Offices and positions according to Directive 24 of the Control Council had to be completed by January 1, 1948. 50 Against the background of this narrow time limit and the simultaneously presented high number of not yet completed proceedings 51, the Control Commission would have been advised, Kaber reported to the state parliament, that this period precludes sensible and responsible work and the mandate to continue and terminate the Denazification makes it unacceptable for the state government. "Corrections would stand in the way above all of the British military government, which did not want the German side to review the decisions it had made so far. But the elimination of the truly guilty" could only succeed, according to Kaber, if German authorities also follow their procedures be allowed to treat, regardless of whether they have been spared or forgotten up to now; or whether they had a certain immunity with service groups or elsewhere. "51 In the general debate, the SPD deputy Eugen Lechner first took the floor, for whom the denazification law that has now been submitted was at least two years too late". Instead of transferring responsibility for denazification to the German side at an early stage, and as Lechner did, because of the absolute majority of his parliamentary group in the state parliament, Lüdemann was able to forego coalition negotiations and a cabinet list consisting only of Social Democrats for approval submit. On the numerous personnel changes in the state government between 1947 and 1949, as well as on the restructuring of the departments, see Varain, op. a.0., p. 2lsff. On Lüdemann's Abberu law on the continuation and conclusion of denazification (1st reading) after the SPD suffered severe election defeats (local and federal elections) by SPD bodies, see Lubowitz, Kaber, op. 0., p. 45. Lüdemann's successor was previously Deputy Prime Minister Bruno Dickmann. 46 WP3, 1st session, p. 5. At this point in time, Champion de Crespigny was still assuming that the entire denazification, including the ongoing proceedings against interned persons in categories I and 11, should pass into German hands. 47 WP3, 5th meeting, p. 6f. 48 Ibid., P. 7. Lüdemann referred to Ordinance 110 of the British Military Government, which had since transferred responsibility for carrying out denazification to the German authorities. "" The framework condition of this draft law was regulation 110. Those affected should be divided into categories I-V (main culprit, incriminated, minor incriminated, followers, exonerated) according to the degree of their burden, with the classification in groups I and II of the military

12 tary government outside the provisions of this law was reserved. However, the law provided for a general review of those released from the internment camps. (See p. 452) Against those with a minor burden, that is, people who "had significantly promoted National Socialism," the law put as follow-up measures, among other things, dismissal from public office or secondary and key positions in the economy or, if they were civil servants or employees of the public service acted, also the reduction of pensions. Followers, that is, people who had "supported" National Socialism insignificantly, should, according to the draft law, be subject to the following sanctions: the reduction of pay or pensions (for retired officials), the transfer to a Another office or retirement (with the possibility of a pension reduction) or a ban on promotion. Relieved, i.e. people who had been members of Nazi organizations but had not supported them in any way, went out without sanctions according to the draft law. (See p. 455.) For people classified in groups 111 and IV, the draft provided for reviews of their cases after one year upon request. The draft also contained a youth amnesty for those who were born after. (Cf. p. 456) Both the public plaintiff and the guilty persons classified in group 111-V before the entry into force of this law should be able to apply for a retrial (cf. p. 462). Paragraph46 proved to be particularly important, which on the one hand provided for re-employment or, if no suitable position was available, the transfer to waiting status with salary for those who were not affected and exonerated, on the other hand it stipulated that followers who were in the context of The second reading ... had been removed from their office or their position with the denazification, ... could be re-used according to the number of vacancies "(see p. 463). put the whole matter in 1945/46, let's say in the form of a revolutionary act to take care of and punish and remove the real sinners of the Third Reich and then work and rebuild "53, the following path would have been taken under the leadership of the British military government: First from the planless denazification, the private initiative ... where everyone picked out his Nazi , shortly after the surrender, about Directive 24, which ... an instrument in the hands of the denazification ration committees, with which they didn't know what to do with, about Ordinance 38, which brought the unfortunate categorization, and Zone Executive Order 54 and Ordinance 79 and the current Ordinance of the Military Government 110, which finally gives us Germans the opportunity to to create a German denazification law. "54 The sole responsibility for the result of the previous denazification, which would be catastrophic, lies with the military government for Lechner in view of its inadequate legislation!" 56 also referred to the unsatisfactory result of the denazification after two years the Christian Democratic MP Max Emcke. His criticism was directed primarily against the politically unilateral denazification committees. Many of the accused, who would now have to answer before the committees, would have wanted the best, according to Emcke, ... but they were wrong, as were many well-known personalities from abroad! " Keep work away. " The party political influence on denazification, according to Emcke, has done a great deal of injustice, "which would have to be made good" 5. SSV MP Samuel Münchow pointed out the unequal treatment of the accused. For example, the standards that are currently being applied the accused put on, nowhere near as harshly as in the immediate post-war period. However, the attitude of the accused to their denazification proceedings would have changed after Münchow. Münchow reported that a year and a half ago hardly any of the accused would have stood by his actions while For the members of the denazification committee at the moment it would often be as if they were the criminal who was supposed to be sitting there. " 59 Meeting from February 2 to 4, 1948: Since the last state parliament meeting, according to the report of the SPD member Eugen Lechner, the responsible committee had "carried out extensive deliberations on the draft" in three long meetings and made some significant changes. Categories II and 111 have been renamed 60, the catalog of measures, especially against people in Group 111, has been considerably expanded 61 and the approval of surviving dependents' benefits has been restricted more severely. 62 Also with regard to the interned group of people63, the youth amnesty 6 4, the time limit for the initiation of proceedings or their implementation 200

13 Rung 65, the committee proposed major changes to the previous draft. In the following vote, the law for the continuation and completion of denazification "was unanimously adopted; the Member of Parliament Dr. Franz Ryba (CDU) abstained. At the twelfth session of the state parliament on June 14th and 15th, 1948, Interior Minister Wilhelm Kaber appealed Amendments to the Denazification Act to regulate the resignation of civil servants in the pursuit of the Denazification Act "66. In order to protect the state coffers, civil servants and employees of the public service who, classified in categories 111 and IV, would be dismissed from their position or not reinstated, should only receive their full or reduced pensions when they reach the age of 65 or in the event of incapacity for work. 67 The state parliament unanimously approved Kaber's concerns for the public employees classified in category 111. The reason given by the SPD deputy Eugen Lechner (SPD): The practice in the denazification committees would have shown that the ... lax handling by the committees meant that a large number of employees and civil servants were treated very gently and that these people now make pension claims today that the state simply could not meet, could not meet before the currency reform and can now legally not meet. "In May 1949, the state government introduced a law to handle denazification and categorization" in the state parliament. According to Interior Minister Kaber, the draft law made final provisions for two areas of denazification, the expiry of the denazification committees and the continued employment of their staff. On the one hand, the draft would provide for the dissolution of the main denazification committees in the districts and urban districts with effect from June 30th of this year "and to form four main and four appeal committees" 6 "in their place, which" do their work by September 30th of this year at the latest and refer the pending cases to a single final committee. The parliament finally voted unanimously in favor of extending this period to December 31. On the other hand, according to Kaber, this law should regulate the continued employment or transfer of the persons employed in denazification and categorization "69.On August 19, 49, when he had announced his resignation, the new Prime Minister Bruno Dickmann also took a position on the question of the further procedure for denazification in his government statement. According to Dickmann, the cabinet would agree that denazification, in its methods and principles prescribed by the occupying powers, should amend the law for the continuation and completion of denazification. 50 See Ordinance 110, Art. 111, Item 14, in: MGGG, no. 21, op. Cit., S In response to his inquiry, the British governor of Schleswig-Holstein informed him, as Käber explained in front of the MPs, that under no circumstances will the expiry date for layoffs falling on the be extended ", and that In proceedings that the military government has already concluded and which the state government might want to have reopened, not only must its approval for such a procedure be obtained beforehand, but also the re-examination of all proceedings that lead to dismissal by 31. December 1947 must be completed! " The chairman of the SPD parliamentary group, Andreas Gayk, commented on these remarks by the SPD parliamentary group, with the interjections What should the law for the handling of denazification and categorization of the whole law "and that means, one should only denazify the small pg's!" (WP3, 7th meeting, p. 122). Contrary to the opinion of the British Military Government, however, the draft law stipulated that the public prosecutor could continue to initiate proceedings at least until July 1, 1948, and furthermore, if the accused had remained in hiding, would not have been available due to absenteeism or pending prosecution or would have been guilty of a criminal act as a National Socialist. (see p. 458) 51 According to Kaber, the Ministry of the Interior has recently received numerous undecided applications which, due to their number, could not be counted. Her weight alone would have been 300 pounds. In addition, the military government had promised to inform the ministry

14 Implementation of the Denazification Act tere to leave unfinished applications as well. (See WP3, 7th session, p. 122.) In this context, the SPD member Eugen Lechner reminded the members of the state parliament that there are also corresponding amounts of questionnaires in the districts ". (Ibid., P. 123) 52 WP3 , 7th session, S Service groups were German work units that provided technical emergency aid under British control, including clearing mines or clearing the cities Denazification in German positions would come two years too late and the British military government would be solely responsible for the failure of denazification, were shared by speakers from all parties (cf. Walther Böttcher [CDU], ibid., Pp. 131f.). 54 Ibid. , S As an example, Lechner cited the service groups already mentioned by Kaber, which, in this case deployed in Kiel-Friedrichsort, sang the Horst-Wessel song quite openly in broad daylight. According to Lechner, the previous practice of denazification would have encouraged these people to openly act and show themselves against democratic Germany! "(Ibid., P. 124) The special role that the service groups played in the question of denazification was assessed by Andreas Gayk as follows : Among the innumerable service groups, clerks and workers of the military government running around in Kiel and other places today, among these people there are dozens of National Socialists, and none of us is able to denazify them. If the situation were to persist, I would have to say that today under protection the military government something like a coming Black Reichswehr is growing! "(ibid., p. 129). 56 Ibid., P. To confirm this, Emcke quoted from a declaration by the Zone Advisory Council on denazification issues dated, in which it had been determined that the previous principles and types of procedures had not been implemented. "70 For this reason, according to Dickmann, the state government would complete the Promote denazification with all your might. " In addition to the law for the handling of denazification and categorization "and various bills to compensate victims of National Socialism, the third Schleswig-Holstein Landtag dealt in its twenty-second session on May 21 and 31, 1949 with a law for the final regulation of the Rights of civil servants, employees and public service workers on the occasion of denazification and categorization in Schleswig-Holstein '' The background of the draft law: Contrary to the assumption that had prevailed more than a year ago when the denazification law was passed, that of the State service dismissed civil servants about one to two thousand ... would be classified in category V, 80 percent of the approximately 4,000 civil servants from the state service were classified in category V and only 20 percent in category IV, expressed in numbers: Of the dismissed are So in category V and only 800 in categoryive been lined up. " 11 600 people from this group were not reinstated, namely 60 officials from Category V and 540 officials from Category IV. "13 Among these 600 people were also numerous officials who, for tactical reasons, applied for their categorization later than the others who believed were that the new brooms would soon wear out, that the entire denazification would be handled in an even more accommodating manner, that they would then acquire a legal claim despite considerable burdens and thus get back into their offices. " According to Kaber, who referred to the 228 legal notices available from among the 540 non-reemployed followers, they had hardly made use of the possibility given to the denazification committees to significantly reduce the pension payments of affected followers. Of these 228 followers, according to Kaber 175, namely the vast majority, 100 percent of their pension entitlements had "been awarded by the committees, while [only] 25 to 75 percent and only 11 to 50 percent of their pension entitlements would have been set". 14 According to Kaber, the problem of the state government in implementing the Denazification Act was to fully satisfy the claims for re-employment under the Denazification Act. "15 In addition, according to Kaber, the state government refused to dismiss newly hired civil servants who were not affected by the law out of political conviction in order to be able to reinstate such officials who had to be dismissed because of their attitude in the Nazi era. " 202

15 With the state elections on July 9, 1950, the trend of the previous municipal and first federal elections continued. The SPD, which won significantly more votes than the bourgeoisie in the state elections on April 20, 1947, lost this majority in the local elections on October 24, 1948 and experienced a clear victory with the federal election on August 15, 1949 of the conservative national camp, which received more than 50% of the votes in Schleswig-Holstein. Compared to the results of the Bundestag election, the SPD again lost around votes in the second state elections, but with 27.5% of the votes cast, it was only slightly below its percentage result in the Bundestag election. 76 The bourgeois camp, consisting of CDU, FDP and DP, which had come together for the state elections in a German electoral bloc, 77 recorded a total of 36.4% of the votes, thus losing out to the Bundestag election, where the CDU, FDP and the German party as a whole 50.2% received, as compared to the first state election, when the CDU and FDP together came to 39.6% .The winner of the state election on July 9, 1950 was the block of expellees and disenfranchised (BHE), the over people (23.4%) gave their vote. The SSW received 5.4% of the votes, while the KPD could not even unite votes (2.2%). Moved into the second elected, the fourth post-war state parliament For the SPD 19, the CDU 16, denbhe 15, diefdp 8, diedp 7 and the SSW 4 MPs.78 This distribution of seats resulting from the state election, unlike three years earlier, necessitated extensive coalition negotiations in order to be supported by a parliamentary majority Since a grand coalition, the cooperation between the SPD and the electoral bloc, against the background of the fierce political disputes in the past 79 and the diverging ideas on fundamental issues in both camps, could not win a majority, the BHE played a key role in the negotiations. Due to the conservative mood of the BHE electorate despite the socio-political wing of the BHE, which was close to the SPD, and above all the agreement on fundamental political issues 80, the BHE decided to work with the electoral bloc.81 In the second session of the state parliament on 5. September 1950 the Christian Democrat Dr. Walter Bartram 82 with the votes of the electoral bloc and the BHE, the SSW representatives abstained, the SPD voted against Bartram, elected Minister-President of Schleswig-Holstein. In his subsequent government declaration, Bartram announced that he would comply with an urgent requirement of consensus within the population of this country, but also with a requirement of justice, if we draw the line under denazification by law, in the second elected state parliament, denazification in the German population have shaken the belief in political reason and social justice, since it is not guilt but conviction that is pursued and the right to political error is not recognized "(ibid., p. 126). 57 Ibid., S The CDU MP Walther Böttcher also referred, probably in order to clarify the legitimacy of the German authorities in the question of denazification, on the fact that all MPs were already against the machinations of the NSDAP at a time when foreign countries were still making a pact with the dictatorship of the Nazi rulers of yesterday and were saying their friendly words! "(ibid., p. 132). 58 Emcke, for example, was of the opinion that if the new denazification law were passed, all cases could be re-examined against the background of legal equality "(ibid., P. 131). A demand that Gayk with the interjection For God's sake!" commented. "Ibid., S The people who were previously classified in Category II should no longer be described as those who were incriminated, but rather as guilty, and those who were classified in Category 111 as no longer under-burdened" but rather burdened. This regulation should avoid the impression that the highest grouping that German agencies could undertake would relate to those with a lower burden. (See WP3, 8th session, p. 105) 61 In addition to losing their right to vote and stand as a candidate, they should now, for example, be forbidden from any political activity. According to the submission, they could not only be forced to give up their housing, but also to give up their apartment or they could be prohibited from keeping a car (cf. ibid., P. 105), which is also provided for in this denazification law, as in the implementing provisions for Directive No. 24 Extension of the possible sanctions to the use of cars can be explained by a remark by Lechner who said these measures defended because the public smiled that the great Nazis drive the big cars ". 203

16 62 While the old draft still provided that the behavior of the deceased [if belonging to group I-111] would also have to be taken into account when determining the pension payments "(WP3, Landtag submission no. 99/3, p. 456), in the classification of widows in a group ... but only their own behavior "should be taken into account, so the committee's proposal should now be based solely on the behavior of the deceased" (WP3, New Landtag proposal No. 99/3, p. 469) According to Lechner, with this regulation the committee wanted to prevent, for example, the widow of a Nazi police chief who stole or died from receiving a pension from the democratic state from 600 to today 700 marks and more "(WP3, 8th session, p. 107). Act on Provisional Measures to End Denazification 63 The committee's previous intention of generally reviewing those released from the internment camps was confirmed by the supplementary provision, since internees must report to the police and their responsible denazification committee after their return from the camp. " (Ibid., P. 105) 64 The committee proposed that the so-called youth amnesty should be extended by five years "(ibid., P. 106), ie all persons born after January 13, 1913, should in principle be excluded from all measures After long negotiations, the military government finally agreed to this proposal. 65 Compared to the old regulation, which had provided for the cessation of proceedings to be terminated on, the committee now suggested that the public prosecutor and any German authorized to do so should be opened for a maximum of six months after the law has come into force (cf. ibid., p. 107). 66 WP3, 12. Session, S With the exception that should apply to those who are burdened and followers: If the beneficiary dies before payment occurs, his surviving dependents receive widow's and orphan's benefit, as if the pension is in accordance with the proclaimed manifesto of the previous ruling party Members of the electoral bloc with loud applause. In the debate on the government statement, Dr. Max Meinicke-Pusch, who belonged to the electoral bloc parliamentary group as an FDP member, gave his Prime Minister's remarks on the conclusion of the denazification. Because exactly like that, Meinicke-Pusch turned to the social democratic opposition, just as they suffered under the law for the restoration of the civil service in 1933 and rightly reproached it loudly in 1945, just as it was out of place to include facts after 1945 to exercise the greatest zeal, which you yourself lamented and felt most fatally. "" 4 This formulation by Meinicke-Pusch caused unrest among the members of the state parliament, as the minutes noted, and provoked several heckles, including that of the SPD member Max Kukielczynski, the excitedly objected: We are not putting ourselves on the same level with the NSDAP! "Already in the following third state parliament session, which took place on October 12 and 13, 1950, the electoral bloc faction already put in the following third state parliament session, on October 12 and 13 1950 took place, the electoral bloc parliamentary group submitted an urgency motion, in which the Conservative MPs for the first and second readings of a law on provisional measures to end denazification ". On the one hand, the draft law provided for the public prosecutor to be deprived of the possibility of initiating proceedings against those affected under Article 26 of the Act on the Continuation and Completion of Denazification Payments to the reconstruction fund are suspended until a final legal regulation has been reached.85 In the first reading of the draft law, the electoral block members Alfred v. Rosenberg (DP), Dr. Max Meinicke-Pusch (FDP) and Hermann Böhrnsen (DP), supported by Dr. Alfred Gille, the chairman of the BHE parliamentary group, for the quick end of denazification through the adoption of the draft law, while the SPD member Eugene Lechner opposed a Schleswig-Holstein special route and for a nationwide regulation. DP member Böhrnsen emphasized, the German population after five f years ago no longer wanting to divide into two classes "6. Meinicke-pusch saw the bill as the first step towards a fundamental political amnesty". The BHE MP Gille finally pleaded for a big line "" 1 under denazification and thus under the practice of keeping people from the official 204