The book was written by the lawyer Wilhelm Schlötterer.
The Nuremberg Mollath was admitted to psychiatry in 2006 after a trial for alleged violence against his wife – wrongly, as it turned out years later in a retrial. By then he had spent 2,747 days in a psychiatric hospital.
Author Schlötterer, who played a key role in Mollath taking up and winning the fight against the Bavarian justice system, traces the case. In his book, the lawyer once again raises serious allegations against Bavarian politicians. “Other people are being played badly here in Bavaria, but the Mollath case was an excess,” Schlötterer said now. “It wasn’t a miscarriage of justice, it was a state crime.”
The former civil servant Schlötterer has been an opponent of powerful CSU politicians for decades. As a tax officer, he made a name for himself at the beginning of 1993 by clearing up the so-called amigo affair, which led to the overthrow of the then Prime Minister Max Streibl (CSU).
The CSU has been in power here for decades and the judicial institution is completely dependent,” said Schlötterer.
“In my estimation, the Mollath case could only take place in Bavaria and not in any other federal state. Here the public prosecutor is firmly in political hands. That creates a tendency for the judicial authorities to only act according to the wind. «He assumes that the black money deals should be covered up because the Free State of Bavaria was involved in the bank.
The Bavarian judiciary dealt intensively with the criticism at the time,” said a spokesman. He pointed out that the Free State had “played a major role” in dealing with “structural deficits in the federal regulation on placement in psychiatric hospitals.”
Almost 2900 people in Bavaria in the penal system
In the meantime, according to the Ministry, thanks also to a Bavarian initiative, the Criminal Procedure Code stipulates that people who are housed are regularly assessed by external experts whose qualifications are now subject to “increased requirements”.
At the end of 2019, according to the Bavarian Ministry of Social Affairs, 2,884 people were in prison in the Free State. In the previous year there were 2772, at the end of 2017 there were 2489. Those who were accommodated because of a mental illness spent an average of 5.42 years in psychiatry in 2019; addicts stayed there an average of 1.42 years.
Mollath, who sat in psychiatry for more than seven years, received a total of around 670,000 euros in compensation from the Free State after a legal dispute before the Munich I Regional Court, he originally demanded 1.8 million euros.