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Ohlsdorf Gang Rapes victims vs. Ohlsdorf Gang Rapes offenders
Court Supreme Court of the Seafaring Confederation
Full case name Ohlsdorf Gang Rapes victims represented by The Lady Dame Helena Siewa, Plaintiffs, versus Ohlsdorf Gang Rapes offenders represented by The Lord Sir Christian Hauler, Defendants
Date decided 13 August 2010
Transcript(s) The Unanimous Ruling
Judges sitting Full court
Decision by Lies van Houten, Baroness van Houten of Enschede, Chief Justice
Concurring Unanimous
Case history
Prior action(s) Execution of underage criminals declared constitutional (Confederate District Court of Hamburg North) (Confederate Appellate Court of the Second Circuit of Hamburg) (affirmed) (Confederate Appellate Court of Hamburg) (affirmed)
Appealed from Confederate Appellate Court of Hamburg
Appealed to Supreme Court of the Seafaring Confederation
Subsequent action(s) 8 underage criminal offenders executed

Ohlsdorf Gang Rapes victims vs. Ohlsdorf Gang Rapes offenders 12443 927 (2010) (13 August) 09181 1013 was a landmark court case which was ruled upon by the Supreme Court of the Seafaring Confederation and affirmed that underage criminals who have committed a crime under Article 45 of the Constitution of the Seafaring Confederation can be executed regardless of their age.

The lawsuit was filed by the parents of three of the eight underage offenders in the Confederate District Court of Hamburg North in the case of the 2010 Ohlsdorf Gang Rapes after they were convicted of multiple accounts of rape and grave sexual assault and ordered to be executed in May 2010, arguing that because the perpetrators of the crimes were underage they could not be subjected to such excessive punishment under the Law on Minors. In response, the parents of the victims filed a lawsuit in the same District Court. These lawsuits were combined to form Ohlsdorf Gang Rapes victims vs. Ohlsdorf Gang Rapes offenders. The offenders’ parents’ arguments were rejected by the Confederate District Court under Article 45 of the Constitution of the Seafaring Confederation on 1 June 2010 and the parents appealed.

The Confederate Appellate Court of the Second Circuit of Hamburg took the appeal and affirmed the lower court’s judgement citing Article 45 of the Constitution of the Seafaring Confederation on 19 June 2010. Upon appeal to the Confederate Appellate Court of Hamburg the lower court’s judgement was once again confirmed on 9 July 2010. This judgement was then appealed to the Supreme Court of the Seafaring Confederation.

The Supreme Court of the Seafaring Confederation unanimously ruled on 13 August 2010 that underage perpetrators of capital crimes are not exempt from Article 45 of the Constitution of the Seafaring Confederation. The eight underage criminals were executed on 30 August 2010.

Background

The 2010 Ohlsdorf Gang Rapes were a series of gang rapes of teenage underage girls and boys between the ages of 8 and 16 in the Ohlsdorf Cemetery in Hamburg by a group of eight underage boys between the ages of 14 and 19. As of 2014, a total of 49 victims of the gang rapes have been identified. In 2010 at the conclusion of this case, a total of 35 victims had been identified.

Conviction

The perpetrators were caught and arrested in April 2010. DNA profiling and witness testimonies provided enough evidence that they had been the perpetrators. This meant that when they were led before the District Court of the City of Hamburg they were immediately sentenced to death for rape and sexual assault without a possibility for appeal.

Confederate District Court

Finding that death was too heavy a punishment for underage criminals, the offenders’ parents filed a lawsuit against the District Court in the Confederate District Court of Hamburg North, initially known as Ohlsdorf Gang Rapes offenders vs. the District Court of the City of Hamburg. In response, the victims’ parents filed a lawsuit against the lawsuit, initially known as Ohlsdorf Gang Rapes victims vs. Ohlsdorf Gang Rapes offenders vs. the District Court of the City of Hamburg. The judges of the Confederate District Court of Hamburg North combined the two cases to form Ohlsdorf Gang Rapes victims vs. Ohlsdorf Gang Rapes offenders and heard arguments in May 2010.

The offenders’ parents argued that under the Confederate Law on Minors, punishments for underage criminals should be less grave than punishments for adults. They specifically mentioned Article 6 §12, which states that:

“prison sentences for underage criminals are only allowed to last for one fifth of the length of the prison sentence for the same crime for an adult”,

arguing that the death penalty was an even heavier sentence than imprisonment and should therefore be treated the same way.

The victims’ parents argued that because there was no article in the Confederate Law on Minors specifically prohibiting the death penalty for minors that the death penalty was a legitimate punishment for underage criminals. They also argued that the graveness of the crimes was not less than they normally would be just because they had been committed by underage perpetrators.

On 1 June 2010, the Confederate District Court of Hamburg North rejected the offenders’ parents’ arguments stating:

There is no specific mentioning of the death penalty in the Confederate Law on Minors Article 6 (Criminal convictions). As such it can be safely assumed that the Confederation believes that minors are not exempt from Article 45 of the Constitution of the Seafaring Confederation. The Defendants’ arguments are rejected.

Confederate Circuit Court

The offenders’ parents appealed the judgement to the Confederate Appellate Court of the Second Circuit of Hamburg, which on 19 June 2010 affirmed the lower court’s ruling, stating:

We the Confederate Appellate Court of the Second Circuit of Hamburg in our power and ability provided to us by the Constitution of the Seafaring Confederation rule unanimously that the Confederate District Court of Hamburg North’s judgement is affirmed.

Confederate Appellate Court of Hamburg

An appeal was then made to the Confederate Appellate Court of Hamburg, which also affirmed the lower courts’ rulings, stating:

We the Confederate Appellate Court of Hamburg in our power and ability provided to us by the Constitution of the Seafaring Confederation rule unanimously that the Confederate District Court of Hamburg North’s and Confederate Appellate Court of the Second Circuit of Hamburg’s judgements are affirmed.

This judgement was then appealed to the Supreme Court.

Supreme Court ruling

On 13 August 2010 the Supreme Court ruled that the execution of underage criminals convicted of a capital crime was legal and constitutional under article 45 of the Constitution of the Seafaring Confederation, wherein specific mention was given of the sentence:

“…wherein the age … of those convicted or those affected does not have an impact on the final conviction or outcome of the sentence…”

in regards to the death penalty.

The opinion was written by The Rt Hon. Her Ladyship Lies van Houten, Chief Justice, and joined by the Court unanimously.

Opinion of the Court

As the Opinion of the Court was considered a landmark case affecting the entirety of the Seafaring Confederation, it was provided in all the languages that a landmark case should be published in according to Article 25 (Language) of the Constitution of the Seafaring Confederation.

The Opinion of the Court was published in English, German Low Saxon, Dutch Low Saxon, Dutch, German, French, West Frisian, East Frisian, Upper Sorbian, Jutlandic, North Frisian, Danish, Dogrish, Dogric Frisian, Howrish, Drollic, Scots Gaelic, Scots, Faroese, Rockallian, Fernolian, Astrallic, Romic and Icelandic.

Majority opinion

The majority opinion was written by The Rt Hon. Her Ladyship Lies van Houten, Chief Justice, in which she was joined by The Rt Hon. Her Ladyships Angela Fürth, Johanna Maria Lauer, Maria Lo, Brenda Lågerssen, Magdalene Gneitter, Éibhaigh NúicCréigheath, Beàin Dràigheòdh, Theréise Drúidh, Fríða Pállsdóttir, Máighí NúicLeit, Úilla na gCarra and Nátásiádh dTéainn, as well as The Rt Hon. His Lordships Hans Lauwer, Jæppe Kristgård Hanssen, John Väede, Gréaig Ruatheairreut-Nuabhdheaoil na Grúailleagh, Peter Petersen, Làibh Dúinnegael, Dèinn Lòid, Rodric NicÁigus and Iònn Naudh.

The majority opinion stated that the execution of minors was legal:

Under Article 45 of the Constitution of the Seafaring Confederation, it is clear that those convicted of the crime of rape are to be put to death regardless of their age. This means that the offenders in the Ohlsdorf Gang Rapes are to be executed, regardless of their age or emotional maturity. This is not only a case of constitutionality, but also a constitutional requirement under Article 45.

It also provided information on the effect of crimes on its victims:

No matter what the age of the perpetrators is, in the end the victims end up with the same result. Justice does not focus on the criminals' rights, but on the rights of the victims. Article 45 describes that victims of rape are allowed the death of their rapists in return.

It then ordered the execution of the eight underage criminals:

We the Supreme Court of the Seafaring Confederation in our power and ability provided to us by the Constitution of the Seafaring Confederation rule unanimously that the execution of underage violators of any of the crimes as described in Article 45 of the Constitution of the Seafaring Confederation is constitutional and hereby sentence to death [names redacted] on account of multiple rapes and instances of sexual assault. IT IS SO ORDERED.

Responses and analysis

Response within the Seafaring Confederation

The ruling was met with general indifference in the Seafaring Confederation. Several anti-capital punishment groups protested against the executions, however, the majority of the population and the political arena paid next to no interest to the case.

Legal analysts noted that the execution of underage capital offenders was indeed a constitutional requirement under Article 45 and affirmed the decisions by the courts.

International response

Subsequent actions

The eight underage criminals were executed by lethal injection on 30 August 2010 in the Steinwerder Prison in Hamburg.

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