State prisoner
State prisoner is the former term for those prisoners who were imprisoned or otherwise detained for criminal, against the government of a state or at least politically dangerous acts. A prominent state prisoner was Nelson Mandela in South Africa.
Detention could be used as a punishment or as a neutralizing precaution. The focus of the term was on the permissibility of detention without a legal reason and a judicial order or order. Meyer's encyclopedia from 1888 wrote: State prisoners are prisoners who have not been deprived of their liberty by a judicial judgment because of a crime they have committed, but who have been imprisoned because the interests of the state or princely house seemed to demand it.
In contrast, the term state prison in the Austrian penal law of 1899 denoted the type of prison sentence that was called fortress custody in German criminal law . These prisoners were later also called state prisoners. In addition to the honesty of the person, a prerequisite for imprisonment in a fortress was an act that was not considered a crime. “In the Prussian penal code of 1851, fortress detention is replaced by the factually corresponding enclosure , without further justification , which is only threatened in the case of certain offenses (duels and political crimes). Enclosure is a special punishment for offenses where honorable motives have regularly led to the act. ”Later, in Section 20 of the RStGB, an“ honorable attitude ”was a prerequisite for imposing imprisonment. According to this understanding, state prisoners were convicts and convicts.
According to international humanitarian law, prisoners of war are not prisoners of their direct opponents, but state prisoners: “They are subject to the violence of the opposing power whose soldiers have taken them prisoner (detention state). The detaining state is responsible for the treatment of prisoners of war (3 12 para. 1). "
Examples in history
Man in the Iron Mask
The man in the iron mask was an unknown French prisoner of state of Louis XIV , who was held prisoner first southwest of Turin in Pinerolo , then on the island of Sainte-Marguerite near Cannes , from 1698 in the Bastille and died here on November 19, 1703. He always wore a black velvet mask.
Lucien Bonaparte (1775-1840)
Lucien Bonaparte , Napoleon's second brother, opposed his brother's monarchical tendencies and spent a large part of his life in exile. He spent the years between 1810 and 1814 as a state prisoner of the British in England.
Countess Cosel
The Polish King and Saxon Elector August the Strong had Countess Cosel brought to Stolpen as a prisoner of state in 1716 . She remained in custody at Stolpen Castle until her death in 1765.
Micheli du Crest
The Geneva physicist Micheli du Crest , as a prisoner of state at the fortress of Aarburg, wrote the Prospect geometrique des montagnes neigées, dittes glacier of the Alps, drawn in 1745 and engraved in copper in 1755 . It is considered the first scientific Alpine panorama. In June 1754 he drafted the first concept for the national survey of Switzerland. From his prison he tried to determine the heights of around 40 distant Alpine peaks.
Rudolf Hess
On May 11, 1941, Rudolf Hess , Adolf Hitler's deputy, jumped over Scotland with a parachute. In his self-chosen mission, he spoke to British Prime Minister Winston Churchill. “The German declaration that Hess had carried out the flight in a mentally deranged condition was in keeping with the British intention to withdraw the prominent state prisoners from public discussion and to keep them in the backhand for later political missions. Because British diplomacy immediately recognized the chances of frightening the Soviet side with their prisoners and forcing them to cooperate better according to their own ideas. ”Rudolf Hess was later imprisoned as a state prisoner of the Allies in Berlin. Besides him, Albert Speer and Baldur von Schirach were imprisoned in Berlin-Spandau . These two state prisoners were released in 1966.
Adriano Sofri
The Italian intellectual and revolutionary of the 1968 movement Adriano Sofri - founder of Lotta Continua - was sentenced to 22 years in prison and has become one of the most important contemporary authors in Italy during his imprisonment. His conviction was based on contradicting evidence and an obscure key witness. Many who looked into his case believed this state prisoner to be innocent.
Individual evidence
- ↑ Never again the way it was . In: Der Spiegel . No. 47 , 1993 ( online - Nov. 22, 1993 ).
- ↑ State prisoners . In: Meyers Konversations-Lexikon . 4th edition. Volume 15, Verlag des Bibliographisches Institut, Leipzig / Vienna 1885–1892, p. 201.
- ↑ Ingo Müller: Political Justice in Historical Comparison. (PDF) In: Oldenburg University Speeches No. 19. University of Oldenburg, 1989, accessed on November 29, 2015 .
- ↑ Patrick Liesching: Convicts and believers. (PDF) Law Faculty, University of Tübingen, June 1999, accessed on November 29, 2015 .
- ↑ Humanitarian International Law in Armed Conflicts - Handbook -. (PDF) In: Federal Ministry of Defense Administration and Law Department II 3. 1992, accessed on November 29, 2015 .
- ↑ The enigmatic prisoner with the iron mask. Focus.de, December 2, 2013, accessed November 29, 2015 .
- ^ Encarta 2006
- ↑ Taschenbergpalais Dresden - From Cosel House to Grand Hotel. (PDF) Frankfurter Allgemeine Zeitung, July 31, 1995, accessed on November 29, 2015 .
- ↑ Barbara Hahn: “Learn European!” - The languages of acculturation around 1800. (PDF) Retrieved on November 29, 2015 (footnote 8 on page 322).
- ↑ Thomas Klöti: From the rebirth of cartography in the Renaissance to the digital age - map collections in the City and University Library of Bern. (PDF) (No longer available online.) P. 91 , archived from the original on December 8, 2015 ; accessed on November 29, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Martin Rickenbacher: The basic measurements in the large moss between Walperswil and Sugiez. (PDF) (No longer available online.) July 2006, archived from the original on March 4, 2016 ; accessed on November 29, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Bernd Martin: Negotiations on separate peace treaties 1942–1945 A contribution to the emergence of the Cold War. (PDF) In: Military history reports 19/20 (1976). University of Freiburg, 1976, pp. 95–113 , accessed on November 29, 2015 .
- ↑ Spandau and no end? (PDF) In: The Ostpreußenblatt. Archive Preussische Allgemeine, September 24, 1966, accessed on November 29, 2015 .
- ^ Hans-Jürgen Schlamp: State prisoner number one . In: Der Spiegel . No. 14 , 2002 ( online - March 30, 2002 ).
