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Dispute Over Jehovah's Witnesses Archive Must Be Reopened

Dispute Over Jehovah's Witnesses Archive Must Be Reopened
The Senate had suggested a compromise. (File photo) / Photo: Uli Deck/dpa
From: DieSachsen News
Photographs, death sentences, and farewell letters from the Nazi era: The Jehovah’s Witnesses are in a dispute with the Federal Republic of Germany over an extensive family archive. In Karlsruhe, they can celebrate a partial victory.

The long-running legal dispute between the Jehovah's Witnesses and the German government over an extensive family archive from the Nazi era is entering its next phase. The Federal Court of Justice (BGH) overturned a ruling by the Cologne Higher Regional Court and remanded the case for a new hearing and decision. The religious community had filed an appeal.

The Cologne court must therefore once again address the question of whether the unique archive of the Kusserow family from Bad Lippspringe in North Rhine-Westphalia actually belongs to the Jehovah’s Witnesses. It is currently housed at the Bundeswehr Military History Museum in Dresden. (Case No. V ZR 92/25)

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More than 1,000 documents

The eldest daughter, Annemarie Kusserow, had documented the persecution of her family of 13 as Jehovah’s Witnesses—from the Nazis’ rise to power until her own arrest in October 1944—through photographs, letters, arrest warrants, and death sentences. After her death, one of her brothers sold the archive to the Federal Republic of Germany.

In fact, however, Kusserow had bequeathed her estate to the Jehovah’s Witnesses. They are suing the federal government in court to have the archive returned, but have so far been unsuccessful. Most recently, the Higher Regional Court (OLG) in Cologne ruled that the Jehovah’s Witnesses had tolerated the Kusserow brother as the owner of the archive and thus legitimized him. The OLG dismissed the lawsuit.

The panel had sought a settlement

This assessment did not hold up to scrutiny by the Federal Court of Justice (BGH). Based on the findings to date, it cannot be assumed that the federal government acquired the archive in good faith, the Fifth Civil Senate ruled. A claim by the plaintiffs for the return of the archive cannot be ruled out. During the hearing in March, the Senate had urged the parties to reach a settlement.

Despite a detailed settlement offer from the Jehovah’s Witnesses, no agreement was reached, a spokesperson for the community said after the ruling was announced. Contrary to the court’s wishes, the proceedings will now drag on further. 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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