The Breda Four

The Breda Four (Dutch: Vier van Breda), later The Breda Three (Dutch: Drie van Breda) and The Breda Two (Dutch: Twee van Breda), were the four last imprisoned German war criminals in the Netherlands after the Second World War; Willy Lages, Joseph Kotalla, Ferdinand aus der Fünten and Franz Fischer. They were imprisoned in the Koepelgevangenis in Breda, hence their name. Starting in the 1960s, some - including the West-German government - pleaded for their release and multiples ministers have considered this. However, each time this lead to social unrest and political opposition.

Lages was released in 1966, and died in 1971. Kotalla died in prison in 1979. Aus der Fünten and Fischer were released in 1989 and both died the same year.^[1]

Willy Lages was head of the Central Agency for Jewish Emigration in Amsterdam and therefore responsible for the deportation of Jews to Poland and Germany. He also responsible for the execution of resistance fighters.^[2]

Ferdinand aus der Fünten also worked at the Central Agency for Jewish Emigration in Amsterdam and was in charge of daily management, similarly responsible for the deportation.^[2]

Franz Fischer led the deportations in The Hague and was responsible for finding Jews in hiding.^[2]

Joseph Kotalla was head of administration and camp guard at Kamp Amersfoort. He was nicknamed the Executioner of Amersfoort for the many cruelties he committed.^[2]

The four were part of the 241 Germans who where on trial for war crimes of crimes against humanity in the Netherlands after the Second World War. Six were sentenced to life imprisonment and eighteen were sentenced do death, of whom five where actually executed. Four of them were convicted in absentia and were never arrested. The other nine's sentences where commuted.^[3]

The Breda Four had been among the nine on death row, whose sentences had been commuted to life imprisonment. In the case of Kotalla, this was done due to diminished responsibility. The other three had filed clemency requests. Queen Juliana of the Netherlands refused to deny these, because she objected to the death penalty. Seeing no other option, Minister of Justice Teun Struycken commuted the sentences of Kotalla, Aus der Fünten and Fischer to life imprisonment, while postponing the execution of Lages. He expected them to be in prison for a maximum of 20 years. His successor, Leen Donker, similarly commuted the sentence of Lages in 1952.^[1] This last decision was met with social unrest, with a protest in Amsterdam of 15.000-20.000 protesters against the commution.^[2] The other prisoners who were first sentenced to death were released in 1959 and 1960.^[3]

In 1963, to progressive criminal law experts pleaded for the release of the four prisoners.^[3]

In May 1966, Lages became severily ill. Minister of Justice Ivo Samkalden grants him an interruption of his sentence, so he can be treated in Germany. Against expectation, he recovers. The Dutch government tried to imprison him again, but West-Germany refused to extradite him. Lages died in 1971.^[2] His release contributed to the rejection of a legislative amendment which would have made it possible for those imprisoned for life to be release on parole.^[3]

At the end of the 1960s, the three remaining prisoners again request clemency. Minister of Justice Carel Polak was planning to, but abandoned this after the Supreme Court of the Netherlands advised against.^[1]

Polaks successor, Dries van Agt had pleaded for the release of the three prisoners. The societal unrest reached its peak after his intention became public. The House of Representatives held hearings on the matter with victims. A thirteen-hour debate was held on 29 February 1972.^[3] A motion by Joop Voogd (PvdA), which said the cabinet should not execute their plan to release the prisoners, passed after the debate with 85 votes in favour and 61 against.^[1]

In 1977, German war criminal Herbert Kappler escaped prison and died a year later, making The Breda Three the last imprisoned Germans for crimes in the Second World War in West-Europe.^[4] Kotalla died in 1979.

Minister of Justice Frits Korthals Altes and his party, the People's Party for Freedom and Democracy, had always opposed clemency. However around 1988 he changed his mind, arguing that it might be better for the victims if they were released, so the publicity wouldn't resurface every time clemency was discussed. Korthals Altes would later also say that the decisive reason was that the intensive individual medical care they received, didn't belong in a prison. To find a reason for clemency, he requested medical examination, which however provided no reason.^[2]

Around the same time, 5 July 1988, Korthals Altes and Prime Minister Ruud Lubbers receive a letter pleading for the release of the two. It was signed by nineteen (prominent) Dutch people, including resistance member Bib van Lanschot and former minister Samkalden. During a debate in January 1989 about the proposed release, Korthals Altes referred to the letter.^[2] The House of Representatives supported the release.^[3] On 27 January 1989, Fischer and Aus der Fünten were released and dropped by an ambulance across the border near Venlo as unwanted aliens.^[2][3]

The Breda Four were supported by the West German government starting in the 1960s. They received legal support from three lawyers, an allowance and magazine subscriptions. The German government brought their release up in bilateral meetings. They also received public support, with Germans handing out pampleths at the border and gathering hundreds of thousands of signatures calling for heir release.^[5]

• Bijzonder Gerechtshof

• Bohr, Felix (2018). Die Kriegsverbrecherlobby : bundesdeutsche Hilfe für im Ausland inhaftierte NS-Täter (in German). Suhrkamp Verlag. ISBN 978-3-518-42840-5.
• Hinke, Piersma (2005). De Drie Van Breda : Duitse oorlogsmisdadigers in Nederlandse gevangenschap, 1945-1989 (in Dutch). Balans. ISBN 9789050186612.