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BGH examines dispute over family archive of persecuted Jehovah's Witnesses

BGH examines dispute over family archive of persecuted Jehovah's Witnesses
The Federal Court of Justice is examining the Jehovah's Witnesses' lawsuit. (Archive image) / Photo: Uli Deck/dpa
From: DieSachsen News
For years, Jehovah's Witnesses have been in dispute with the German state over an extensive family archive from the Nazi era. Now the Federal Court of Justice is taking up the matter - and is campaigning for an agreement.

An extensive archive documenting the persecution of a Jehovah's Witness family during the Nazi era is the focus of a legal dispute at the Federal Court of Justice (BGH). The eldest daughter, Annemarie Kusserow, had collected pictures, letters, arrest warrants and death sentences of the family from the time the National Socialists came to power until her own arrest in October 1944 and continued to maintain the archive after the war.

In Karlsruhe, an association of Jehovah's Witnesses is suing the Federal Republic of Germany for the release of more than 1,000 documents. After Kusserow's death in 2005, her brother sold the family's archive from Bad Lippspringe in North Rhine-Westphalia to the German state. Parts of it are currently on display at the Military History Museum of the German Armed Forces in Dresden. However, Kusserow had actually bequeathed the archive to the Jehovah's Witnesses.

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Court of Justice: lower court left much unanswered

The legal dispute concerns, among other things, the question of whether the Federal Republic of Germany "acquired the archive in good faith". According to the German Civil Code, the purchaser of an object is the legal owner even if the object did not previously belong to the person from whom it was purchased. The Cologne Higher Regional Court last affirmed this in April 2025.

However, the BGH Senate criticized at the hearing on Friday that the lower court had left many things open. The presiding judge, Bettina Brückner, hinted that the case could therefore be sent back to Cologne for a new hearing and decision.

A settlement instead of a judgment?

Brückner, however, urged the parties to find a different solution: a settlement. At the end of the legal dispute, there would probably be an uncompromising result: one wins, one loses. She therefore asked whether a solution could be found that both sides would agree to. The parties initially left this open. In the event that no agreement is reached before then, the deadline for announcing a decision was set for 22 May.

During the Nazi era, Jehovah's Witnesses refused to give the Hitler salute or send their children to the Hitler Youth. Many refused to do military service. From 1933, they were persecuted by the Nazis. Thousands were deported, imprisoned and tortured. At least 1,700 members of the community lost their lives.

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