Chapter 641: Politics Cold, Economics Hot (3)
Volume 6: Great Depression Era · Chapter 81
Shanghai, China, the seat of the Asian International Tribunal and the headquarters of the International Human Rights Organization. With the establishment of a number of universities in Shanghai, several legal associations had emerged. Beyond conducting legal research, these associations provided paid or pro bono legal services.
The International Human Rights Legal Association, located in Pudong, was the earliest judicial association to settle in this development zone. Moving in alongside the association were several international law firms. When encountering major events, such as the previous trial of the ANZAC war crimes, these legal experts offered "pro bono services," receiving work stipends from the association rather than charging the prosecution or defense.
In this relatively peaceful era, in this peaceful country of China, providing judicial services naturally commanded a fee. When the International Human Rights Legal Association learned of the request to provide legal counsel for the suspect in the "Reichstag Fire" case, the association internally handed the job directly to the German legal experts.
Domestic cases in most countries could generally only be handled by legal professionals with that country's judicial certification, or those with relevant qualifications. This was especially true for Germany; only Germans with German judicial certification could serve as defense lawyers for criminal suspects. The members of the legal association made their living this way; their fundamental knowledge was solid. Without discussion, they tossed the matter to their German colleagues.
Most German lawyers in China had been away from their motherland for two or three years. Although they had heard of the turmoil within Germany, they had not personally encountered those domestic changes. These German legal experts initially intended to recommend a criminal defense specialist. Before they could decide who should go, an office staff member answered a phone call, paused for a moment, and then asked the German experts: "Professor Wang from Fudan University's Law Department is outside, requesting a meeting."
Professor Wang was quickly invited into the office. Seeing the German colleagues already waiting in the living room, Professor Wang did not waste time and said straight away: "I have heard about the Reichstag Fire. My personal view is that this is a political case, not a criminal one."
Hearing that this was a political case rather than a criminal one, the German legal professionals felt they could barely accept that premise. But when they heard Professor Wang say that the Nazi Party intended to use this case to declare the Communist Party of Germany (KPD) a criminal organization and subsequently strip the KPD of its parliamentary seats, the German legal experts were shocked by Professor Wang's judgment.
Although he had taken on the responsibility of delivering the message, deep down, Professor Wang did not quite dare to believe the judgment he was voicing. For a legal professional, "the German Nazi Party wants to declare the KPD illegal through the Reichstag Fire case" was completely outside the scope of law.
But these words had come directly from the mouth of Dr. Zhao Tianlin, the titan of Chinese jurisprudence. Moreover, listening to Professor Zhao Tianlin's tone, he himself was merely passing on a message. On his way here, Professor Wang had to consider: who could possibly make Zhao Tianlin act as a messenger?
The He Rui administration had never made a strategic error in the past eleven years. Or rather, since He Rui arrived in the Northeast in 1915, his strategic judgments at the national level had maintained an extremely high degree of accuracy. No matter how incredible Professor Wang found it, he dared not disbelieve it.
The German legal experts did not know about the message-passing; they simply could not believe Professor Wang's judgment. Professor Rudolf of the University of Berlin was the first to recover. Seeing the atmosphere was so oppressive, he simply cracked a joke: "If Professor Wang isn't joking, then whoever takes this defense will have to leave Germany immediately after the trial ends, eh? Haha."
Seeing the German experts relax at this joke, Professor Wang immediately replied: "Professor Rudolf is correct. Whoever defends the suspect in this case will not only have a high probability of failure but will also face threats to their personal safety. As a friend, I believe everyone should be prepared for this. Upon returning to Germany, immediately prepare to take your family and leave."
Legal professionals were sensitive to verbal communication; they immediately realized Professor Wang was not there to be an alarmist, but was offering a serious and solemn prediction. The smiles that had just surfaced were instantly retracted. The group of German legal experts looked stunned and at a loss.
Since Professor Wang had come, he did not wish to engage in pleasantries. He added seriously: "Gentlemen, the current center of jurisprudence for maintaining equality, peace, and justice is here. If you gentlemen are willing to fight against injustice, I also hope to help you understand exactly what kind of opponent you are facing. I can understand the unease you feel right now, and I can understand that you do not believe it. But I have an obligation to state my judgment, so that legal experts who uphold justice do not face avoidable danger due to misjudging their opponent."
Finished, Professor Wang prepared to answer the German experts' questions. Unexpectedly, the German experts did not ask questions, but merely exchanged glances. Professor Wang knew his words had caused a significant shock, so he stood up to take his leave.
Once Professor Wang left, the German experts immediately analyzed his visit. As legal experts, judgment of a case required evidence. At this stage, it hadn't even been confirmed that the arrested arson suspect was the arsonist. Even if facts proved this person did burn down the Reichstag, this person was just a communist. To assume based on this that the KPD ordered this person to set fire to the Reichstag would require irrefutable evidence.
The legal experts of this era were social elites; they knew well that while Professor Wang's words sounded abrupt, they were actually quite reasonable. Political struggle required an excuse; as for what the facts were, political parties could completely disregard them. As long as a party obtained the support of the majority of powerful classes, they could act with a free hand.
The German experts quickly determined that what Professor Wang brought was likely the view of the Chinese government. As for whether the Chinese government's view was correct, based on the history of the past dozen years, the German experts present generally tended to think the Chinese government's predictions were about 50% likely to be correct.
Professor Rudolf felt the analysis was sufficient and said: "I am preparing to go back."
The group of German experts was stunned. They heard Professor Rudolf continue: "Does anyone want to go back with me?"
Most experts remained silent. Given the situation, knowing things were likely very bad yet choosing to return required immense courage. At this moment, someone replied: "I will go back."
Everyone looked; it was Professor Karl, usually the most cautious and timid in his dealings. No one thought Professor Karl was some heroic tough guy, yet he dared to get involved in political struggle. But Professor Karl was very firm. "Professor Rudolf, are you willing to defend together with me?"
"Of course," Professor Rudolf nodded. He decided to return because his family had Jewish heritage and had already faced persecution by Nazi Party members in Germany. The Chinese government's recent performance led Professor Rudolf to believe things would only get worse. Therefore, he did not actually think he could win the lawsuit this time, but prepared to use this opportunity to bring his whole family to China. Since the Chinese government had made its stance clear, Professor Rudolf felt the Chinese Embassy in Germany would likely grant visas more easily.
The two professors did not wait for a third brave soul. They did not urge others, but simply announced they would act immediately. As the two professors expected, things progressed extremely smoothly. Personnel from the International Human Rights Organization actively found them and provided flight tickets. The two immediately took simple luggage and flew to Germany on China Airlines.
Upon getting off the plane in Berlin, the two professors were frightened by the scene before them. The buildings in Berlin mostly used darker-toned materials. The red, white, and black flags of the Nazi Party were everywhere in the city, directly creating a hyper-aroused visual effect.
In addition to hanging and painting Nazi flags and symbols on the streets, vehicles with large loudspeakers passed by from time to time, driving slowly while broadcasting Nazi propaganda slogans. "Abolish the Treaty of Versailles," "German people unite," "Punish the November Criminals," "Smash the Communist conspiracy."
The two professors had seen plenty of propaganda in China over the past two years. China's propaganda was basically about compulsory education, economic development, and guaranteeing people's legal labor rights. During National Health Month, there were various hygiene campaigns. When cities built new planetariums and museums, the masses would be organized to visit. Various cultural activities also had propaganda.
Although listening to it too much could be boring, in the eyes of scholars, this was a matter of propaganda technique. As for the content of the propaganda itself, it was quite reasonable, with nothing to pick fault with. But the Nazi propaganda on the streets of Berlin was full of a chilling air; this was propaganda inciting struggle, not bridging contradictions. Combined with Professor Wang's "prophecy," both professors felt they needed to be even more careful.
The citizens of Berlin did not seem to care particularly. The professors continued walking along the road and saw porridge stalls hanging Nazi Party flags on street corners, as well as service points recommending temporary housing. The billboards were plastered with many recruitment posters.
If one ignored the porridge stalls and temporary housing points, the recruitment posters actually gave the two professors a bit of a "Chinese flavor." Standing in front of the posters to look carefully, the two professors felt something was wrong again, because the posters were filled with calls for various Nazi Stormtrooper training camps. The images on those posters were fists, arms, and impassioned crowds. Both professors had experienced the Great War in Europe; without reading the text, these posters reminded them of the conscription posters from the war.
The National Human Rights Organization headquartered in Shanghai had some dealings with the KPD. Both professors were quite famous legal experts in Germany. Contact between the two sides went smoothly. KPD leader Thälmann met with them personally, requesting the two professors to help the arrested communist member. Only after chatting did the two professors discover that the Nazi Party's propaganda only mentioned the arrested person was a communist, but did not explain he was a member of the Dutch Communist Party. Looking at the case purely from a legal angle, the suspect was a foreigner; this was a transnational lawsuit.
The KPD stated this fact in their own newspapers and called for a legal struggle. But the newspapers the two professors read were the current mainstream German media. The propaganda tone in these media outlets was surprisingly consistent, arguing that if this person was a Dutch Communist Party member, it was even more likely he was instigated by the German Communists.
The two professors knew things were wrong. They both immediately arranged for their families to apply for visas at the Chinese Embassy, while they themselves immediately threw themselves into work. Generally speaking, courts in various countries would be very cautious with such sensational major cases, and the trial time would drag on for a long time.
The two professors prepared for a fierce judicial offensive and defensive battle. Unexpectedly, as soon as they entered the court, they both smelled something wrong from the judge's words. Generally, judges would not be too rushed, but the judge before them showed extremely high work enthusiasm, fully pushing the trial progress.
Professor Rudolf and Professor Karl had to realize that things were likely as Professor Wang had said. At this point, the two professors had no other choice. Although everyone said the law should be fair and have independent power, in reality, the law always had to compromise with politics, or even succumb to political arrangements. Professor Wang's prophecy was likely true.
In fact, the two professors did not wait long. Three days. It took only three days for the judge to complete the process and sentence the suspect to be guilty.
Before the appeal could even begin, the Nazi Party announced that the KPD was an illegal organization. Moreover, on the second day after the Reichstag Fire, Hitler had already asked Hindenburg to promulgate an emergency decree, abolishing the clauses in the "Weimar Constitution" guaranteeing personal freedom.
On the second day after the trial ended, Hitler announced what the newspapers called the "Reichstag Fire Decree." Based on this decree, the Communist Party was declared to intend an uprising and was therefore an illegal organization.
Although the two professors already had ample psychological preparation, they did not expect large numbers of trucks and various Nazi Stormtrooper units to suddenly appear on the streets. These units held Nazi flags high and headed straight for all KPD party offices in Germany. Anyone who blocked them was immediately beaten, and then they rushed into the various KPD offices to implement occupation.
In this chaotic situation resembling the turmoil of war, the two professors had already taken their families to the airport. As they had expected, the Chinese Legation in Germany gave them and their families visas. Holding the visas and going to German customs for review, they could see through the window the Nazi party members coming and going on the street. Those people seemed endless, each one fierce and malicious, full of aggression.
The customs officers noticed the unease of the two professors and their families, and advised with sympathy: "Don't worry, their targets are the Communists and the trade unions."
The two professors could only nod, daring not to say anything. After finally completing the procedures, the two professors immediately got into cars with their families to head to the airport. On the way, they saw Nazi party members attacking trade union offices. Many people dressed in civilian clothes were dragged out of the buildings by uniformed Nazi party members and beaten publicly on the street. The nearby police turned a blind eye, simply watching everything happen. Only when the trucks arrived did the Nazi party members stop the beating, throwing the union members onto the trucks responsible for the Nazis to take away. As for where these people would be taken, the two professors were not even willing to imagine.
The adult women in the professors' families were all pale with fright, holding the children in their arms, even covering the children's eyes with their hands so they would not see this lawless scene.
As the cars drove halfway, Professor Rudolf's gaze was attracted by a shop on the side of the street that was still open for business. Nazi party members were not just destroying union offices; many shops also had their windows smashed, and the six-pointed star Jewish symbol was sprayed on the walls next to the shops.
German merchants either hung the German flag or put up notice boards reading "We are Germans, nothing to do with inferior races." And the merchants locked their doors, afraid of being affected.
But outside that shop which continued to open, a red Chinese national flag was planted, proudly ignoring the various Nazi thugs passing by the shop with unhappy faces. Even though the Nazi thugs looked at the shop with quite unfriendly gazes, the shopkeeper had no intention of closing the door to avoid disaster.
Professor Rudolf suddenly felt a clarity of thought. He had once felt that the Chinese Foreign Ministry's downgrading of Sino-German diplomatic relations was somewhat abrupt, even irrational. Seeing with his own eyes what was happening in Germany, Professor Rudolf could only use "planning for a rainy day" to describe the Chinese government's response measures.
Yes, only a tough attitude could let the Nazi government know the future consequences. If one acted servilely, it would only make the Nazis' arrogance flourish even more.