Free City of Danzig Government in Exile

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German refugees leaving Danzig, February 1945 Bundesarchiv Bild 146-1996-030-01A, Danzig, Fluchtlingstreck.jpg
German refugees leaving Danzig, February 1945

The Free City of Danzig Government in Exile (German : Regierung der Freien Stadt Danzig im Exil) or the Free State of Danzig, is a title claimed by various groups claiming to be the government in exile of the defunct Free City of Danzig, whose former territory now lies in Poland, around the area of the city of Gdańsk.

Contents

Background

The Free City of Danzig (German : Freie Stadt Danzig; Polish : Wolne Miasto Gdańsk) was a semi-autonomous city-state that existed between 1920 and 1939, consisting of the Baltic Sea port of Danzig (now Gdańsk, Poland) and nearly 200 towns in the surrounding areas. It was created on 15 November 1920 [1] [2] in accordance with the 1919 Treaty of Versailles after the end of World War I and was under League of Nations protection. The Free City was primarily inhabited by ethnic Germans but the majority fled or were expelled when the territory was incorporated into Poland at the conclusion of World War II.

History

On 13 November 1947, W. Richter, the chairman of the Association of Nationals of Danzig Free State was one of the first groups that announced a formation of a government in exile for the Free City of Danzig. [3] Richter also announced that the association would accept a settlement from the international community that would grant them an alternative territory in a center of commerce. [3] One of these groups made pleas to the United Nations, calling for official recognition, the deportation of Poles from its claimed territory, and assistance in re-establishing the Free City. [4]

By 1967 at least two other groups had emerged claiming to be the government in exile. Herbet Adler, a tram conductor from Essen, claimed to be the 'President of the Exile Government of the Republic of the Free City of Danzig' (German: Präsident der Exil-Regierung der Republik Freie Stadt Danzig) and sent diplomatic letters to various countries and politicians and received replies from the government of Ghana and West Germany's Minister of the Interior, Paul Lücke. [5] He claimed the support of around 12 000 'compatriots' and stated he was a member of the government in exile, which consisted of 25 citizens located all over the world. [5]

Willi Homeier however was part of a rival group and claimed to be president of the 'Representation of the Free City of Danzig' (German: Vertretung der Freien Stadt Danzig) an off-shoot of the 'Council of Danzig' (German: Rat der Danziger) founded in 1947. [5] This council considered itself the legislature of the Free City and had 36 members in its first term of office. [6] She also claimed that the body she led was the legal successor of the Senate of the Free City of Danzig and this had been recognised in secret ballots in 1951 and 1961. [5]

With the advent of the Internet many more groups and individuals emerged claiming to be or represent the true government in exile. This includes Ernst F. Kriesner who at least by the late 1990s while living in Australia claimed to be a Senator and the Foreign Affairs minister of the Free State. [7] He also wrote to the United Nations seeking recognition in 1998. [8] By at least 2017, Beowulf von Prince claimed to be president of the Senate of the Free State of Danzig, under the constitution of the original Free City of Danzig. [9] [10]

In addition to arguments from the realm of imperial ideologists, von Prince's theses probably have their origins in the Council of Danzig (RdDA) , which has propagated the formal continued existence of the Free City of Danzig as a subject of international law since 1947, but from 1999 no longer calls for its restoration and, in contrast to the "Free State Free City of Danzig" recognizes the sovereignty of the Federal Republic of Germany. The RdDA, citing the Potsdam Agreement  and Danzig's accession to the Reich in violation of international law, assumes that Danzig, like the eastern areas of the Reich, was only placed under Polish administration. However, while the eastern areas officially became Polish territory in the 2+4 Treaty or the German-Polish Border Treaty, Danzig was still formally only under administration. These theses about the continued existence of Danzig are also shared by Prince, who, however, expands them considerably. A central thesis is that "German law" is not defined according to the Basic Law, but rather according to Article 116 of the Danzig Constitution. Von Prince claims that the article mentioned reads:

" German law as of January 10, 1920 is guaranteed. "

He connects this with Article 49 of the Constitution, according to which it can only be changed with the consent of the League of Nations.

Article 116 only deals with the continued validity of laws and regulations in the territory of the Free City of Danzig:

" All laws and regulations in force in the area of ​​the Free City of Danzig when this Constitution comes into force remain in force unless they are repealed by this Constitution or by law.[...] "

A guarantee of the “continuance of German law,” as Prince claims, obviously does not exist here. The reference to Article 49 also seems somewhat questionable, since Article 116 states that the laws and regulations mentioned could obviously also be repealed by simple laws of the Free City, for which no consent from the League of Nations was required.

" The purpose of the founding of the Free State of Danzig was the right of the individual over the masses. That is why the constitution of the Free State of Danzig is not a national act, but an international treaty. "

In 2009, Beowulf von Prince wrote a letter to the "International Criminal Court" in The Hague, in which he raised the "suspicion of crimes under Article 8 war crimes (2) a vi) also vii (see declaration) of the Rome Statutes of the International Criminal Court and § 9 VStGB of the Federal Republic of Germany" complained.

On the same occasion, Prince sent a letter to the Federal Court of Justice in Karlsruhe, with notes for forwarding to the then President of the USA George W. Bush and the Secretary General of the UN Ban Ki-Moon.

The information available about prosecutions against Prince is somewhat confused and opaque. The following information comes from letters from Prince, as well as a “petition for the release of Mr. Beowulf from Prince”: A letter from Prince dated August 3, 2011 to the then Federal President Wulff shows that Prince was accused of fraud and apparently convicted in an unspecified period of time has been. Quote Prince: The damage to the person who was allegedly sentenced to 10 months in prison in proceedings 3 Ds 106 Js 7394/04 for the transfer of the fully developed building plot 1890/3 Gem. Grub am Forst for € 16,500 and was therefore seized far below the social welfare level Mr. Beowulf von Prince suffers a net loss of €150,000. Evidence: Sale of building plots of the FlNr. 156/T Gem. Zeickhorn.

In July 2011, an arrest warrant (AZ: 123 Js 3979/11) was issued in Germany against Prince, who was currently in Switzerland, for forging documents and inciting false certification. Extradition was initially rejected by the Swiss authorities. In January 2013, Prince was extradited to Germany on the basis of an international arrest warrant on suspicion of illegal possession of weapons (ref: B 224'163/TMA). Further allegations such as fraud, trespassing and misuse of title were rejected in the decision. Prince's ten-month imprisonment in this context was therefore illegal. Prince therefore tried to obtain compensation for the period of imprisonment amounting to € 403,200,000 .  “In order to remedy the violations of the requirements and conditions [of extradition],” the Bavarian Ministry of Justice requested an extended extradition from the Swiss authorities in December 2013, which was rejected by a Bern court in March 2014. From April 15th 2016 – January 13th In 2017, Prince was imprisoned “innocently for alleged fraud” and was imprisoned again in January 2017 (AZ: 1 KLs 123 Js 4652/14). The petition comes from a website operated by the “Free State of Danzig”.

Prince had to answer for forgery of documents before the Coburg regional court in April 2017. According to the indictment, he and another defendant issued passports, driving licenses and identity cards. Since the “Free State of Danzig” group had published a “call for trial observation,” the trial took place under special security precautions. The process was initially suspended again. A data forensics expert was unable to view and evaluate the graphic files secured as evidence due to a lack of software. On the other hand, the co-defendant had avoided the trial by fleeing to Switzerland.  There are no press releases regarding the continuation or end of the negotiation.

Most recently, Prince was charged in Switzerland with illegal residence and forging IDs and license plates. In October 2017 he stood trial in Rheinfelden and was sentenced to a fine of 120 daily rates of 40 Swiss francs, suspended for two year

Claims

Many of the groups claim the entirety of the territory once possessed by the Free City of Danzig. [4] Most base this claim upon the notion that the Free City of Danzig was a neutral state and that its annexation by Germany in 1939 was illegal; as such, the Allies had no authority in incorporating the city into Poland after World War II. [11] In addition to this, no formal treaty has ever altered the status of the Free City of Danzig, and they argue its incorporation into Poland has rested upon the general acquiescence of the international community. [12]

Recognition and relations

Writing on the lack of official German recognition of the Free City of Danzig, Polish Foreign Minister Władysław Bartoszewski stated that the organization and like-minded Danzig cultural associations were seen in the eyes of the German public as revanchist and politically aligned with the far-right National Democratic Party of Germany. [13]

See also

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References

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  2. Samerski, Stefan (2003). Das Bistum Danzig in Lebensbildern (in German). LIT Verlag. p. 8. ISBN   3-8258-6284-4.
  3. 1 2 "Move For New Danzig Territory". The Sydney Morning Herald . London. 14 November 1947. Retrieved 6 November 2016.
  4. 1 2 Schoenburg, H. W. (2012). Germans from the East: A Study of Their Migration, Resettlement and Subsequent Group History, Since 1945. Studies in Social Life (illustrated ed.). Springer Science & Business Media. p. 186. ISBN   9789401032452. [Germans from Free City of Danzig insist] upon their right to possess the entire area of the city of Danzig now known as Gdansk, as well as adjacent land formerly part of the Free State.
  5. 1 2 3 4 "An Inez denken". Der Spiegel (in German). Gdańsk, Poland. 4 April 1967. Retrieved 6 November 2016.
  6. Kohlhaas, Elisabeth (2015). Messenger, David A.; Paehler, Katrin (eds.). A Nazi Past: Recasting German Identity in Postwar Europe. University Press of Kentucky. p. 270. ISBN   9780813160580. Kurt Walter … belonged to the first "Rat der Danziger," the freely elected council of thirty-six delegates that regarded itself as the parliament of the Free City of Danzig in exile.
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  11. "Iustitia Omnibus Gedanum- Fair Justice for Danzig: Danzig People have Human Rights also!". Free State of Danzig. Archived from the original on 12 September 2019. Retrieved 6 November 2016.
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