The Berne Trial or Bern Trial (German: Zionistenprozess) was a famous court case in Bern, Switzerland which took place between 1933 and 1935. Two organisations, the Swiss Federation of Jewish Communities (German : Schweizerischer Israelitischer Gemeindebund) and the Bernese Jewish Community (German : Israelitische Kultusgemeinde Bern) sued the far-right Swiss National Front for distributing anti-Jewish propaganda. The trial focussed on the Front's use of the fraudulent antisemitic text, The Protocols of the Elders of Zion . Ultimately decided in favour of the plaintiffs, the Front was ordered to pay a symbolic fine and court costs. However, the trial became significant both for the international coverage and also for the extensive evidence presented, demonstrating the falsehoods contained in The Protocols.
The plaintiffs, the Schweizerischer Israelitischer Gemeindebund (SIG) and the Israelitische Kultusgemeinde Bern, sued the Bund Nationalsozialistischer Eidgenossen (BNSE) (Swiss president: Theodor Fischer at Zurich) which distributed anti-Semitic pamphlets [1] during a meeting of June 13, 1933 organized by the National Front and the Heimatwehr [2] in the Casino of Bern (with former chief of the Swiss General Staff and Frontist Emil Sonderegger as main speaker). [3] The National Front distributed a print "Die zionistischen Protokolle, 13. Aufl. 1933" [4] edited and introduced by the German anti-Semitic writer Theodor Fritsch. Silvio Schnell, the young man responsible for distribution of publications of the National Front was sued because he sold the print during the meeting. Theodor Fischer [5] (BNSE) was sued as author of the pamphlet and editor of the journal "Der Eidgenosse" (Swiss Confederate) which published an offensive anti-Semitic article [6] written by Alberto Meyer, Zurich, in the manner of Julius Streicher.
Frontist propaganda declared the Protocols of the Elders of Zion as authentic, i.e. as a secret program produced by Jewry in order to gain worldwide political power and control by every possible means (e.g. supporting corrupt politicians, bombing in underground-stations, economic measures etc.). Fritsch claimed in his incriminated edition that the Protocols of the Elders of Zion were produced during the First Zionist Congress at Basel (1897) and cited Rabbi Mordecai Ehrenpreis (1869–1951) from Stockholm Synagogue, who participated at the Basel Congress 1897, in a misleading manner as a pretended proof for Jewish authorship in the foreword of his incriminated print.
The trial soon focussed on the plagiarism and forgery of the notorious Protocols of the Elders of Zion. In the Main Session of 1934 witnesses were cited: Participants of the First Zionist Congress at Basel (1897), among them Rabbi M. Ehrenpreis; then several Russian witnesses living in exile (mainly at Paris) to tell the judge about a possible Russian origin of the Protocols of the Elders of Zion (as a forgery by the Tsarist police to promote anti-Semitic feelings during the time of Pogroms). The alleged link between Freemasonry and Jews was also a point of interest and masonic witnesses were cited. The plaintiffs nominated these witnesses and paid a considerable amount to the Court to make the appearance of those important eyewitnesses possible, among them also Chaim Weizmann, the future first president of the state of Israel. The only witness nominated by the defendants was Alfred Zander, Zurich, who wrote some articles on the Protocols of the Elders of Zion in the newspaper "Der eiserne Besen" (the iron broom) of the National Front.
In the Main Session 1935 three experts intervened: (1) C. A. Loosli, Bern-Bümpliz [11] (expert appointed by the judge); (2) Arthur Baumgarten, Basel [12] (expert appointed by the plaintiffs); (3) Ulrich Fleischhauer, Erfurt/Germany (anti-Semitic expert appointed by the defendants [13] ). The appointed experts had to answer four questions by the judge of the case, Walter Meyer: [14]
Further questions to be answered by the experts were formulated by the plaintiffs. [15] During this session no further witnesses were heard.
While the experts Arthur Baumgarten and C. A. Loosli declared the Protocols of the Elders of Zion as a plagiarism and a forgery produced by helpers of the tsarist Russian Okhrana, anti-Semitic expert Ulrich Fleischhauer claimed that they were genuine but of uncertain authorship, possibly composed by the Jewish author Ahad Haam and passed at a secret meeting of B'nai B'rith which purportedly took place in 1897 during the first Zionist Congress at Basel, Switzerland.
Eventually, the defendants Theodor Fischer and Silvio Schnell were sentenced by Judge Walter Meyer in his verdict, while three other defendants were acquitted. [16] The penalty was a quite symbolic fine: Fr. 50 (Fischer) and Fr. 20 (Schnell). However, the defendants found guilty would have to pay a larger sum of the costs of the trial and some of the costs of the plaintiffs. Commenting on his verdict in the court, judge Walter Meyer said he was convinced by his evaluation of the testimonies of the witnesses and the statements of the experts that the Protocols of the Elders of Zion are a forgery and "Schundliteratur" that might instigate crimes by agitation against a minority.
Theodor Fischer himself [17] and the lawyer of Silvio Schnell (Hans Ruef, Bern [18] ) immediately appealed to the Berner Obergericht which acquitted both defendants in 1937 on purely formal legal grounds, arguing that the term "Schundliteratur" of the Bernese Law is not applicable to "political publications" but only to "immoral (obscene) publications". [19] The Berner Obergericht refused the obligation of the private plaintiffs to pay the costs of defence of the acquitted defendants explaining that "the one who circulates such sort of most vulgar instigating articles has to pay himself the costs resulting from them." [20] Fischer had to pay Fr. 100 to the state fees of the trial (Fr. 28'000, paid by the Canton of Bern).
The defendants sought financing from the German Nazi party but were unsatisfied with the support they received. [21] They also received support from multiple anti-Jewish organizations, especially the society Welt-Dienst (World-Service) of Ulrich Fleischhauer, the expert appointed by the defendants. Joseph Goebbels' Ministry of Public Enlightenment and Propaganda initially promised support but later withdrew it. [22] The plaintiffs and their supporting organizations financed a larger part of the costs of the citation of witnesses and of the pay of the experts C. A. Loosli and A. Baumgarten.[ citation needed ]
The various findings of the court, regarding the series of events leading to the publication of the Protocols of the Elders of Zion, are now regarded as a treasure trove of archival material for scholars and historians.
Of special interest are the so-called Russian Documents transmitted to the expert C. A. Loosli with permission of the Soviet government by the librarian Tager in Moscow for personal use only, copies of authentic material from the tsarist administration, especially on the Russian Okhrana and on the Russian Jews. [23] Boris Lifschitz , [24] a Swiss lawyer in Bern of Russian-Jewish origin speaking both Russian and German, had contacts to the Soviet administration and played an important role in procuring the Russian documents and contacting various Russian witnesses to appear at the court in 1934 (who were all opposed to Bolshevism).
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Vladimir Lvovich Burtsev was a revolutionary activist, scholar, publisher and editor of several Russian language periodicals. He became famous by exposing a great number of agents provocateurs, notably Yevno Azef in 1908. Because of his own revolutionary activities and his harsh criticism of the imperial regime, including personal criticism of emperor Nicholas II, he was imprisoned several times in various European countries. In the course of his life, Burtsev fought oppressive policies from Tsarism in Imperial Russia, followed by the Bolsheviks and later Adolf Hitler's National Socialism.
Sergei Aleksandrovich Nilus was a Russian religious writer, self-described mystic, and prolific anti-Semite.
Ion I. Moța was the deputy leader of the Romanian fascist Legionary Movement, killed in battle during the Spanish Civil War.
Cesare G. De Michelis is a scholar and professor of Russian literature at the University of Rome Tor Vergata, Italy.
Hadassa Ben-Itto was an Israeli author and jurist. She was best known for her bestselling book The Lie That Wouldn't Die: The Protocols of the Elders of Zion.
Michael Hagemeister is a German historian and Slavist, an authority on The Protocols of the Elders of Zion and on Sergei Nilus.
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Count Armand Alexandre de Blanquet du Chayla was a French nobleman who converted to Russian Orthodoxy. He is chiefly remembered for giving crucial evidence and/or testimony for the prosecution at the Berne Trial in 1935 against the notorious Protocols of Zion.
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The Protocols of the Elders of Zion is a fabricated text purporting to detail a Jewish plot for global domination. Largely plagiarized from several earlier sources, it was first published in Imperial Russia in 1903, translated into multiple languages, and disseminated internationally in the early part of the 20th century. It played a key part in popularizing belief in an international Jewish conspiracy.
Georges Brunschvig was a Swiss lawyer and president of the Swiss Federation of Jewish Communities (SIG). Internationally, he is best known for representing the plaintiff in the 1934–35 "Berne Trial".
Ulrich Fleischhauer was a leading publisher of antisemitic books and news articles reporting on a perceived Judeo-Masonic conspiracy theory and "nefarious plots" by clandestine Jewish interests to dominate the world.
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