AFTER 30 YEARS, AT LAST JUSTICE IS DONE FOR KALINKA.
After a trial interrupted by a sudden faintness of D. Krombach ( March 29th – April 4th 2011 ), a complete trial took place in the Paris Assize Court from October 4th to 22nd 2011.D. Krombach was found guilty of “voluntary assault leading to the death of the victim without it being intentional”, on Kalinka who was a minor and by a person exercising authority. He was sentenced to 15 years in jail ( instead of 30, owing to his age ).As Krombach had lodged an appeal, a second complete trial was held in the Assize Court of Créteil from November 27th to December 20th 2012. The verdict entirely confirmed the one delivered in Paris.
For A. Bamberski as well as for us, and in spite of the appeal to the final court of appeal lodged by Krombach as soon as the Créteil trial was over, the main target is definitly reached : the “unintentional homicide”, i.e the medical accident is ruled out. The aggravating circumstances are taken into acount. The court emphasizes, in spite of the absence of formal proofs of rape, the reality of a sexual assault well established. It is the end of the scandalous impunity of Krombach, who was entirely responsible for Kalinka's death. Here we warmly thank all those who took it at heart ( and still do ) to support and encourage A. Bamberski in this struggle which was so disheartening, so long, so rough.
Nevertheless, if A. Bamberski can at last experience a certain inner peace, the task is not finished and A. Bamberski still needs support : another trial is to be held in Mulhouse, at a date which is still undecided, a trial in which A. Bamberski, responsible for the abduction of Krombach will this time, be the accused. Our historical report of facts until the abduction, shows that before this illegal action A. Bamberski tried in vain, from 1982 to 2009, all the legal means to obtain justice. In 2009, in France and in Germany alike, there were no more. The case was blocked and prescription was looming...
The trial of A. Bamberski before the magistrate's court took place on May 22nd and 23rd 2014 at the court of first instance in Mulhouse.
The verdict was passed on June 18th : A. Bamberski has been condemned to a one year suspended prison sentence.
As regards the penal charge : A. Bamberski received a suspended prison sentence of one year for being responsible for the abduction. Although it was more severe than the sentence required by the counsel for the prosecution (only six months) it is a moderate penalty that one has to welcome without reservations. The judges have tried to reconcile the necessary respect of laws with the equally necessary human understanding, since A. Bamberski who was on trial was also a victim ! The moderation of the sentence implies that the abduction had a certain legitimacy.
But if he is not charged with « criminal conspiracy » nor « complicity of aggravated assaults », André Bamberski is strangely punished as « author » of an abduction which took place when he was in Pechbusque. On the other hand the court refuses to take in consideration the main argument of the defence, the « moral constraint », without which it is impossible to understand the abduction, the only way of having Krombach put on trial. In effect, the justice cannot ratify the « moral constraint » which it itself exercised …
As regards the financial damages, nothing has been decided yet, for a new medical expert's appraisal is required by D. Krombach's counsel. In fact several experts' appraisals have already taken place, the last one being led in 2012 by three specialists : ophtalmoplogist, cardiologist and orthopedist. It showed that Krombach has no after-effect of the abduction. What would one more doctor add ? On this point A. Bamberski has lodged an appeal in order to deny his responsibility concerning the financial damages brought by the assaults. The prosecutor has not lodged a counter-appeal.
Even though the case is not completely finished, A. Bamberski considers that the essential aim is reached, the task accomplished, since the conviction of Krombach was upheld on appeal in December 2012. His own penal sentence, acceptable, being now established, A. Bamberski considers the financial penalty of lesser importance. He has begun to enter a future freed of overwhelming dossiers, a life without anguish or guilt, in which Kalinka's memory is no longer an open wound.