Judgment in Berlin
Encyclopedia
Judgment in Berlin is a 1984 book by federal judge
Herbert Jay Stern
about a hijacking
trial in the United States
Court for Berlin
in 1979, over which he presided.
From the end of World War II
in Europe in May 1945 until the reunification
of Germany
in October 1990, Berlin was divided into four sectors: the American Sector, the French Sector, the British Sector, and the Soviet Sector, each named after the occupying power. The Soviet sector, informally called East Berlin
, was considered by East Germany, then a member of the Warsaw Pact
, to be part of its territory and in fact its capital, and the American, French, and British Sectors, collectively called West Berlin
, were in some respects governed as if they were a part of West Germany
, a member of NATO. Seldom did the American government exercise power directly in the American sector, except as it affected American military forces stationed in Berlin. In particular, the judgeship of the United States Court for Berlin was vacant except during the trial over which Judge Stern presided.
In 1978, after prodigious diplomatic efforts, NATO had convinced the Warsaw Pact
states to sign an international convention on hijacking
, in which each signatory state promised to punish hijackers who land in their territory.
On 30 August 1978, Hans Detlef Alexander Tiede and Ingrid Ruske, both East Germans, used a starting pistol
(not an actual gun) to hijack a Polish
passenger aircraft (LOT Polish Airlines Flight 165
) from Gdańsk
bound for East Berlin's Schönefeld Airport and diverted it instead to the U.S. Air Force base at Tempelhof Airport
in West Berlin. The West German government was very reluctant to prosecute Tiede and Ruske because of the West German policy of supporting the right of East Germans to flee oppression in the GDR. However, the NATO members did not want to lose the hijacking treaty on which they had worked for so long. Consequently the case was prosecuted in the never-before-convened United States Court for Berlin.
Over the prosecutor's objections, Judge Stern ruled that the defendants were entitled to be tried by a jury
, a procedure abolished in Germany in 1924. The case against Tiede's co-defendant Ingrid Ruske was dismissed because she had not been notified of her Miranda rights before signing a confession. Tiede was acquitted on three charges, including hijacking and possession of a firearm, but convicted of taking a hostage. He was sentenced to time served — about nine months.
A significant subtext in the book is Judge Stern's refusal to accept assertions made by representatives of the United States Department of State
that, as the authority appointing the judge for the United States Court for Berlin, it also had the right to control the Judge's decision, i.e., tell Stern what to decide. The "time served" sentence, writes Stern, was the only method by which he could protect Tiede from the State Department.
In 1988, Judge Stern's book became the basis of a movie with the same name starring Martin Sheen
and Sean Penn
.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
Herbert Jay Stern
Herbert Jay Stern
Herbert Jay Stern is a lawyer in New Jersey who formerly served as a federal judge of the United States District Court for the District of New Jersey and as United States Court for Berlin....
about a hijacking
Aircraft hijacking
Aircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...
trial in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Court for Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
in 1979, over which he presided.
From the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
in Europe in May 1945 until the reunification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
in October 1990, Berlin was divided into four sectors: the American Sector, the French Sector, the British Sector, and the Soviet Sector, each named after the occupying power. The Soviet sector, informally called East Berlin
East Berlin
East Berlin was the name given to the eastern part of Berlin between 1949 and 1990. It consisted of the Soviet sector of Berlin that was established in 1945. The American, British and French sectors became West Berlin, a part strongly associated with West Germany but a free city...
, was considered by East Germany, then a member of the Warsaw Pact
Warsaw Pact
The Warsaw Treaty Organization of Friendship, Cooperation, and Mutual Assistance , or more commonly referred to as the Warsaw Pact, was a mutual defense treaty subscribed to by eight communist states in Eastern Europe...
, to be part of its territory and in fact its capital, and the American, French, and British Sectors, collectively called West Berlin
West Berlin
West Berlin was a political exclave that existed between 1949 and 1990. It comprised the western regions of Berlin, which were bordered by East Berlin and parts of East Germany. West Berlin consisted of the American, British, and French occupation sectors, which had been established in 1945...
, were in some respects governed as if they were a part of West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
, a member of NATO. Seldom did the American government exercise power directly in the American sector, except as it affected American military forces stationed in Berlin. In particular, the judgeship of the United States Court for Berlin was vacant except during the trial over which Judge Stern presided.
In 1978, after prodigious diplomatic efforts, NATO had convinced the Warsaw Pact
Warsaw Pact
The Warsaw Treaty Organization of Friendship, Cooperation, and Mutual Assistance , or more commonly referred to as the Warsaw Pact, was a mutual defense treaty subscribed to by eight communist states in Eastern Europe...
states to sign an international convention on hijacking
Aircraft hijacking
Aircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...
, in which each signatory state promised to punish hijackers who land in their territory.
On 30 August 1978, Hans Detlef Alexander Tiede and Ingrid Ruske, both East Germans, used a starting pistol
Starting pistol
A starting pistol or starter pistol is a handgun or electronic toy weapon that is fired to start track and field races, as well as competitive swimming races at some meets. The loud report of the gun going off is a signal to the athletes to begin the event. Usually a cloud of smoke can be seen...
(not an actual gun) to hijack a Polish
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
passenger aircraft (LOT Polish Airlines Flight 165
LOT Polish Airlines Flight 165 hijacking
LOT Polish Airlines Flight 165 hijacking was the hijacking of a LOT Polish Airlines that occurred on August 30, 1978. The hijackers from East Germany were seeking political asylum in West Germany...
) from Gdańsk
Gdansk
Gdańsk is a Polish city on the Baltic coast, at the centre of the country's fourth-largest metropolitan area.The city lies on the southern edge of Gdańsk Bay , in a conurbation with the city of Gdynia, spa town of Sopot, and suburban communities, which together form a metropolitan area called the...
bound for East Berlin's Schönefeld Airport and diverted it instead to the U.S. Air Force base at Tempelhof Airport
Tempelhof International Airport
Berlin Tempelhof Airport was an airport in Berlin, Germany, situated in the south-central borough of Tempelhof-Schöneberg. The airport ceased operating in 2008 in the process of establishing Schönefeld as the sole commercial airport for Berlin....
in West Berlin. The West German government was very reluctant to prosecute Tiede and Ruske because of the West German policy of supporting the right of East Germans to flee oppression in the GDR. However, the NATO members did not want to lose the hijacking treaty on which they had worked for so long. Consequently the case was prosecuted in the never-before-convened United States Court for Berlin.
Over the prosecutor's objections, Judge Stern ruled that the defendants were entitled to be tried by a jury
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
, a procedure abolished in Germany in 1924. The case against Tiede's co-defendant Ingrid Ruske was dismissed because she had not been notified of her Miranda rights before signing a confession. Tiede was acquitted on three charges, including hijacking and possession of a firearm, but convicted of taking a hostage. He was sentenced to time served — about nine months.
A significant subtext in the book is Judge Stern's refusal to accept assertions made by representatives of the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
that, as the authority appointing the judge for the United States Court for Berlin, it also had the right to control the Judge's decision, i.e., tell Stern what to decide. The "time served" sentence, writes Stern, was the only method by which he could protect Tiede from the State Department.
In 1988, Judge Stern's book became the basis of a movie with the same name starring Martin Sheen
Martin Sheen
Ramón Gerardo Antonio Estévez , better known by his stage name Martin Sheen, is an American film actor best known for his performances in the films Badlands and Apocalypse Now , and in the television series The West Wing from 1999 to 2006.He is considered one of the best actors never to be...
and Sean Penn
Sean Penn
Sean Justin Penn is an American actor, screenwriter and film director, also known for his political and social activism...
.