A judge has been handed a two-year suspended prison sentence, accused of ‘perverting the law’ after ordering schools in Germany not to enforce lockdown regulations during the pandemic.
Christian Dettmar, 60, ruled in 2021 that two schools in Weimar, Thuringia should not have to enforce national lockdown guidance for children, including wearing masks while at school, testing for infection and keeping socially distanced.
The family court judge’s decision was ultimately overturned and he was accused of ruling on matters over which he had no authority, before he was finally suspended in January this year.
On Wednesday, a judge ruled that Dettmar has now been sentenced to two years’ probation for obstruction of justice – a decision that will deprive the judge of both his role and pension.
Illustrative image shows a teacher and students wearing masks during the Covid pandemic. Lockdowns in Germany saw mask mandates and enforced school closures across the country
As well as raising concerns the judge did not have the authority to make such decisions, opposition lawyers argued Dettmar had read selectively to reach his conclusion.
It was alleged he had only listened to evidence from experts critical of lockdowns before writing his verdict, and the prosecution argued the move was political, without regard for the children’s safety.
The document backing up Dettmar’s original decision was more than 100 pages long and argued the mandates were a ‘danger to the mental, physical or psychological wellbeing’ of children.
He speaks of the ‘lack of benefit of mask-wearing and of complying with social distancing regulations for the children themselves and for third persons’ and the perceived ‘unsuitability’ of PCR and rapid tests for measuring infections’.
Dettmar also references the ‘right of children to education and school teaching’.
But in sentencing Dettmar, the presiding judge argued he had reached a verdict that ‘he had intended from the outset’.
Dr Gerhard Strate, representing Dettmar, criticised the court’s decision to focus only on whether his client had been ‘impartial’.
He said they would appeal the decision.
Dettmar had already been suspended on probation pending the investigation, losing 25 per cent of his salary, and had his mobile phone and laptop confiscated after a police raid on his flat.
Strate represented Ronald Barnabas Schill in 2001, then District Judge and later Senator for the Interior in Hamburg.
Schill had been fined for ‘perverting the law’ – but was later acquitted with Strate’s representation.
‘Star lawyer’ Gerhard Strate said they would appeal the decision made against Dettmar
The Covid-19 pandemic resulted in nearly 40,000,000 confirmed cases in Germany and nearly 200,000 deaths.
Under then-Chancellor Angela Merkel, the country closed schools and kindergartens on 13 March 2020 before closing borders to neighbouring nations.
Curfews were imposed in six states before the end of the month, loosened in April and May before the country went back into partial lockdown as cases rose towards the end of the year.
Masks were made mandatory in December on public transport and in shops.