The Free State of Bavaria pays Germany's most well-known justice victim, Gustl Mollath, another 600,000 euros for more than seven years, in which he was unjustifiably housed in mental hospitals. This has now been "amicably agreed," said the district court Munich I with. Previously, Mollath had already been awarded 70 000 euros, after he suffered as a compulsory insane supposed delusional patient a total of 2747 days in psychiatry.
Mollath was sent to a clinic in 2006 after a trial for alleged violence against his wife – wrongly, as would turn out years later in a retrial. Mollath then sued the Free State and demanded 1.8 million euros as compensation.
In the SZ conversation, his lawyer Hildebrecht Braun calls the agreement "a huge step forward in terms of legal policy". After all, the Free State initially paid only a fraction of the current sum with those 70,000 euros – and this even under the proviso of a recovery. The amount was based on the legal basis for the compensation for law enforcement actions. Of these, says Braun, the Landgericht Munchen was now "very clearly off".
On the other hand, the damage to Mollath was "far higher", Braun continues to be convinced. After all, Mollath in the years in the psychiatric neither salary related nor could acquire pension insurance claims and have lost, among other things, his house. This is another reason why Mollath demanded a much higher amount at the beginning of the trial. In the view of the Free State, however, Mollath were legally entitled to only 25 euros per day in psychiatry as compensation.
Disappointed, Braun shows that the agreement has now been communicated by the court to the public. Mollath's side considered that there was no real public interest in it. The court saw it differently. "The procedure is in the focus of the public," says a court spokesman, secrecy is also not the subject of the settlement decision. Mollath's lawyer now fears that "people like in lottery winners on Mollath" come and explain that they are "too bad" go.
As the court informs, the Free State pays "without recognition of a legal obligation". This is a phrase that is often in comparisons. Above all, it should be signaled to third parties that they could not list the Mollath case "as a precedent" in order to assert similar claims, a spokesman for the Landgericht Munchen explains. With the settlement now all claims are settled and the litigation ended.
In March 2019, Mollath was back in court for the first time in five years, but this time on the claimant side. On the other hand, he was opposed again by the state, not by prosecutors and appraisers, but by a lawyer who represented the Free State in this civil case.
Already on the first day of the hearing, the presiding judge Frank Tholl had indicated that he sees a basis for Mollath's claims. Thus, the criminal proceedings at the Nuremberg district court should probably be quickly terminated and was "certainly not with the necessary care," Judge Tholl had stated. It was not a matter of claiming that in the case of Mollath everything had been done right, the lawyer of the Free State declared again. But the question of whether the errors result in a claim to official liability. To conclude a settlement, a vote with four ministries is necessary.
This has apparently happened now. Mollath, 63, accepted the settlement because he was "emotionally unable to wait anymore" to wait for a decision, attorney Braun explains. Now he could, for example, pay "a security deposit", which was hardly possible in recent years. Someone who has been publicly described – albeit unjustly – as "delusional" has "a hard time in all areas".