Archive on Nazi Crimes - Federal Court of Justice Upholds Ruling in Favor of Jehovah's Witnesses

Was the archive acquired in good faith?

The main issue before the Federal Court of Justice was whether the Federal Republic of Germany had “acquired the Kusserow Archive in good faith.” In such cases, the buyer of an item is considered the lawful owner even if the item did not previously belong to the person from whom it was purchased. A prerequisite for such a purchase “in good faith” is that the buyer did not know—and could not have known—that the item did not belong to the seller.

Furthermore, according to the law, the item must not have been “stolen, lost, or otherwise gone missing.” The Higher Regional Court of Cologne held that the Jehovah’s Witnesses had tolerated the Kusserow brother as the owner of the archive and thus legitimized him. This assessment did not stand up to scrutiny by the Federal Court of Justice (BGH). The Senate held that an item is considered “lost” until it is back in the owner’s possession. Even the fact that the owner tolerates the current state of possession does not alter the fact that the item remains missing.

Based on the findings to date, it cannot be assumed that the federal government acquired the archive in good faith, the judges in Karlsruhe ruled. In particular, it is possible that, prior to purchasing the archive, the federal government “was required to investigate whether the testator’s brother was in fact the owner of the documents or at least had the right to dispose of them.” A claim by the plaintiffs for the return of the documents could therefore not be ruled out.

The panel had unsuccessfully sought a settlement

During the hearing in March, the Federal Court of Justice (BGH) panel had urged the parties to reach an amicable settlement. The presiding judge had explained that the legal dispute would likely end in a non-compromising outcome: one side would win, the other would lose. She therefore asked whether a solution could be found that both sides would agree to. After all, both sides presumably shared the goal of preserving the unique archive for future generations.

The Jehovah’s Witnesses subsequently submitted a detailed settlement proposal to the museum, says spokesperson Stock. “This proposal provides for unrestricted scholarly access to the archive and allows for its inclusion in future exhibitions at state museums.” In addition, they offered financial compensation for the costs incurred in acquiring and preserving the archive.

Memorial in Berlin Commemorates Persecution

However, no agreement could be reached by the time the ruling was handed down in Karlsruhe. Contrary to the court’s wishes, the proceedings will now drag on further, Stock said after the ruling was announced. However, they remain confident that Annemarie Kusserow’s last will and testament will ultimately be honored.

During the Nazi era, Jehovah’s Witnesses refused to give the Hitler salute or send their children to the Hitler Youth. Many refused to perform military service. Beginning in 1933, they were persecuted by the Nazis. Thousands were deported, imprisoned, and tortured. At least 1,700 lost their lives. On Wednesday, a memorial was dedicated in Berlin to commemorate the persecution of and resistance by Jehovah’s Witnesses.

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