From the DW:
“East German refugee eligible for
compensation over dramatic escape”
A man who fled East Germany in
1988 will be eligible to receive compensation for trauma he experienced as a
result of the escape, Germany's highest civil court ruled on Monday. Lower
courts had previously ruled against the man's case, saying the violence of the
GDR regime was not directed solely at him, but at the entire population of the
Communist state. He was therefore not individually disadvantaged and entitled
to compensation. The man's dramatic escape lasted more than 12 hours. Along
with his brother, he set out for the West Berlin border on a foggy night. The
brothers approached the highly secure Teltow-Sigridshorst border area on the
southwestern outskirts of the city. They crouched for several hours in the mud,
before cutting through some fences and climbing over others with a ladder,
triggering an alarm. To protect themselves from barbed wire they were wearing
several layers of clothing. One of the brothers, 26 years old, was tangled up
in the barbed wire of the final obstacle and found by guards. They threatened
him with machine guns, but did not fire. He was eventually able to free himself
and they both escaped to a nearby US army barracks. Not everyone in the former
East Germany waited until the Wall came down to go west. In 1977, a truck
driver from Dresden daringly set out with his wife and daughter in a tiny
rubber boat across the Baltic Sea. Fifteen hours later, a fisherman took them
on board his trawler and brought them safely to Lübeck in the West. It should
be noted, however, that many others died trying to flee by sea. "He suffered mortal fear," said
Thomas Lerche, the lawyer representing the man. He said the experience deeply
traumatized the man, leading to mental illness and a lifetime of distress. The
man said he suffers from being deeply suspicious and irritable, and that he has
hair-trigger temper fits and nightmares. For this, he was claiming vocational
rehabilitation and a basic pension. The high court determined that while the
violence the GDR regime was directed at the entire population, border patrol
security was another matter. "The use of force against a fleeing person is
a very concrete measure against the individual," the presiding judge said.
The court concluded that the man had
"conclusively proven" that border security had harmed his health. The
man will now be able to file claims for health care treatment covered by the
state.
^ This is a very interesting
verdict since it now opens the door for other people who fled Communism and East
Germany to get compensated. ^
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