Kalinka Bamberski Case
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The ''Kalinka Bamberski case'' has spanned 30 years and has caused considerable publicity because of the issues of French-German relations and
vigilante justice Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...
it raised. Kalinka Bamberski, a French teenager, died in 1982 in the house of her German stepfather, Dieter Krombach, a serial rapist and former physician. Suspicious autopsy results caused the girl's French father André Bamberski to pressure German authorities into investigating Krombach's involvement in the death. When Germany closed the case and denied extradition to France, Krombach was tried ''
in absentia is Latin for absence. , a legal term, is Latin for "in the absence" or "while absent". may also refer to: * Award in absentia * Declared death in absentia, or simply, death in absentia, legally declared death without a body * Election in absen ...
'' in France and convicted of involuntary manslaughter in 1995, a verdict later overturned by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
on procedural grounds. In 2009, Bamberski had Krombach abducted in Germany and driven to France. Krombach stood trial there, was convicted in 2011 of having caused intentional bodily harm resulting in unintentional death, and was sentenced to 15 years in prison. The
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
upheld the verdict on appeal in 2018. A French court gave Bamberski a one-year suspended sentence for the abduction.


Family background

André Bamberski was born in France around 1938; his father's family had come from Poland. During
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, the Germans took him to Germany and Poland. In the early 1970s, André Bamberski worked as an accountant. With his wife Danièle Gonnin and their two children, they lived in
Casablanca Casablanca, also known in Arabic as Dar al-Bayda ( ar, الدَّار الْبَيْضَاء, al-Dār al-Bayḍāʾ, ; ber, ⴹⴹⴰⵕⵍⴱⵉⴹⴰ, ḍḍaṛlbiḍa, : "White House") is the largest city in Morocco and the country's econom ...
,
Morocco Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
, where they met Dieter Krombach (born 1935) and his second wife; Krombach's first wife had died suddenly at age 24. Krombach worked at the German consulate as a doctor and was a cardiologist. Krombach and Gonnin began a secret affair and eventually left their spouses; they married in 1977. Bamberski's children eventually went to live with the Krombachs in
Lindau Lindau (german: Lindau (Bodensee), ''Lindau am Bodensee''; ; Low Alemannic German, Low Alemannic: ''Lindou'') is a major Town#Germany, town and Lindau (island), island on the eastern side of Lake Constance (''Bodensee'' in German) in Bavaria, Ge ...
, Germany.


Death of Kalinka Bamberski and investigation in Germany

Kalinka Bamberski, a healthy and athletic 14-year-old girl, was attending a French-language boarding school in Germany in 1982. She spent the summer vacation at the home of her mother and her stepfather in Lindau. Krombach stated that on the evening of 9 July 1982 right after dinner he injected her with Kobalt-Ferrlecit, a
cobalt Cobalt is a chemical element with the symbol Co and atomic number 27. As with nickel, cobalt is found in the Earth's crust only in a chemically combined form, save for small deposits found in alloys of natural meteoric iron. The free element, pr ...
- iron preparation that he liked to use on several family members and friends. Initially he said it was intended to aid in tanning, later he contradicted himself and claimed it was intended to treat
anemia Anemia or anaemia (British English) is a blood disorder in which the blood has a reduced ability to carry oxygen due to a lower than normal number of red blood cells, or a reduction in the amount of hemoglobin. When anemia comes on slowly, th ...
. He said that he told her to switch off the light at midnight and found her dead in her room in the morning. He administered various injections intended to revive her, and he then called emergency services. He later said that he also had given her a sleeping pill that night. The autopsy, conducted two days later, could not establish a cause of death. Among the findings were aspirated stomach contents in the airway and lungs, undigested contents in the stomach, several injection marks, a superficial vaginal tear (judged to have occurred after death), fresh bloody stains around the genitals, and a whitish substance in the vagina; the substance was not tested. The genitals were removed and have been missing ever since. The prosecutor declined to open a case. Once André Bamberski had obtained a copy of the autopsy report, he pressed for another investigation. Additional investigations were ordered in Germany and found that the Kobalt-Ferrlecit injection must have happened very close to Kalinka's death and that Kobalt-Ferrlecit is a dangerous drug that could cause an adverse reaction, but it would do so immediately after injection, not several hours later. The undigested stomach contents pointed to a death soon after a meal; the aspirated stomach contents in the lungs pointed to a death during coma or anesthesia. The expert concluded that the timeline given by Krombach was not convincing and that it was more likely that an injection right after dinner had caused circulatory failure, unconsciousness, vomiting, and death. In 1983, Bamberski distributed leaflets in Lindau accusing Krombach of the rape and murder of his daughter. Krombach sued for defamation and received a judgement of 500,000
German marks The Deutsche Mark (; English: ''German mark''), abbreviated "DM" or "D-Mark" (), was the official currency of West Germany from 1948 until 1990 and later the unified Germany from 1990 until the adoption of the euro in 2002. In English, it was ...
, which Bamberski refused to pay. Bamberski hired well-known German lawyer Rolf Bossi to press for a trial against Krombach. The case ended before the ''
Oberlandesgericht An ''Oberlandesgericht'' (plural – ''Oberlandesgerichte''; OLG, en, Higher Regional Court, or in Berlin ''Kammergericht'': KG) is a higher court in Germany. There are 24 OLGs in Germany and they deal with civil and criminal matters. They ar ...
'' (Higher Regional Court) in Munich in 1987 with a finding that there was insufficient evidence to prove that Krombach's injection negligently or intentionally caused the girl's death.


First trial in France

Kalinka's body had been interred in Toulouse and was exhumed in 1985. The genitals could not be found and no new analyses could be performed. An evaluation by French doctors was ordered, which pointed to the poor quality of the original toxicological analyses and concluded that the injection site at the right arm occurred close to death, not several hours before. In 1995, following intense lobbying by Bamberski, Krombach was tried in France ''
in absentia is Latin for absence. , a legal term, is Latin for "in the absence" or "while absent". may also refer to: * Award in absentia * Declared death in absentia, or simply, death in absentia, legally declared death without a body * Election in absen ...
'' and received a sentence of 15 years in prison for "intentionally afflicting of bodily harm which caused unintentional death". This verdict was annulled in 2001 by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
, which censured France because Krombach had not been able to defend himself; Krombach received compensation of 100,000 francs.


Convictions of Krombach in Germany and further allegations

In the 1970s, Krombach had been investigated in Germany because he was suspected of having killed his wife with an injection. No charges were filed. In a trial in Germany in 1997, Krombach admitted having drugged a 16-year-old patient and raped her in his medical office. He received a two-year suspended sentence and lost his medical license. Several other victims came forward, but the cases were not pursued for lack of physical evidence. In 2006, he was sentenced to 28 months in prison for having practiced medicine without a license. After serving 11 months in prison, he was released and the remainder of the sentence was suspended. The 2006 German TV documentary ''Kalinkas letzte Reise'' (''Kalinka's Final Journey'') contains an interview with two teenage sisters who say they were befriended by Krombach, injected with iron cobalt, and raped.


Abduction to France, conviction of Krombach, and further proceedings

A German court declined the French authorities' extradition request of Krombach in 2004, stating that the case was closed. Bamberski, concerned that the
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...
would run out in 2012, paid several men to abduct Krombach and deliver him to French authorities. On 17 October 2009, Krombach, by then 74 years old, was beaten up by three men in his home town of
Scheidegg, Bavaria Scheidegg is a market town and municipality in the district of Lindau in Bavaria in Germany and a licensed Kneipp cure spa and open-air health resort. Geography Located in the Westallgäu region, the municipality of Scheidegg consists of the t ...
, and driven to
Mulhouse, France Mulhouse (; Alsatian: or , ; ; meaning ''mill house'') is a city of the Haut-Rhin department, in the Grand Est region, eastern France, close to the Swiss and German borders. It is the largest city in Haut-Rhin and second largest in Alsace a ...
, where he was left chained to a fence near the police station. He suffered a fractured skull. Bamberski was soon arrested with €19,000, the amount that he intended to pay the kidnappers; he was released on bail. Germany demanded Krombach's return to Germany and the extradition of Bamberski and the perpetrators, but France refused. Krombach was imprisoned in France and a new trial was scheduled for 2011. Testimony of a German woman came to light, who said she had had an affair with Krombach when she was 16 years old; Krombach would drug his wife during their encounters. Several women testified at trial that Krombach had sexually abused them as teenagers, always using cobalt-iron injections. On 22 October 2011, Krombach was sentenced to 15 years in prison for causing intentional bodily harm resulting in unintentional death. The prosecutors believed that Krombach had drugged Kalinka in order to rape her. The verdict was confirmed on appeal in December 2012. Krombach's lawyer immediately vowed to appeal further to the
Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, but the appeal was rejected on 2 April 2014. Krombach appealed to the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
, claiming that he had been prosecuted twice for the same crime. The Court rejected the appeal in March 2018, holding that the independent prosecutions in Germany and France were not ruled out by the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. In 2016, a court in
Melun Melun () is a Communes of France, commune in the Seine-et-Marne Departments of France, department in the Île-de-France Regions of France, region, north-central France. It is located on the southeastern outskirts of Paris, about from the kilome ...
ordered Krombach's release for health reasons, but the prosecution's appeal was successful and he remained imprisoned. He was eventually released from prison in February 2020 for health reasons, and he died on 12 September 2020 in an old-age home in Germany.


Case against Bamberski

Germany's demand to have Bamberski extradited to stand trial for the kidnapping was rejected in 2009 by a court in Toulouse with the argument that Bamberski would be tried in France. Bamberski's trial for the kidnapping took place on 22–23 May 2014. He confessed that he had agreed to have Krombach abducted. He was given a one-year suspended jail sentence.


Films

* The 2006 German TV documentary ''Kalinkas letzte Reise'' deals with the case. * The 2016 French-German drama film ''
Kalinka Kalinka may refer to: Places *Kalinka, Kardzhali Province, Kardzhali Municipality, Bulgaria *Kalinka Temple, a temple in northern India *Kalinka, Lublin Voivodeship, a village in the Lublin Voivodeship, Poland *Kalinka, Russia, the name of several ...
'' (''Au nom de ma fille'', "In the Name of My Daughter"; released on home video and on-demand as ''In Her Name'') is based on the case. * 2022 Netflix documentary ''My Daughter's Killer'', a French true crime-documentary film about the case directed by Antoine Tassin.


Footnotes


References

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