LOT Flight 165 hijacking
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LOT Polish Airlines Flight 165 hijacking was the hijacking of a LOT Polish Airlines that occurred on 30 August 1978. The hijackers from
East Germany East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...
(GDR) were seeking
political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
in
West Germany West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 O ...
(FRG). The plane landed safely, and the primary hijacker was tried and convicted by a West German jury in the specially convened United States Court for Berlin and sentenced to time served, the nine months he had already served during pretrial detention.


Background

The GDR citizens Hans Detlef Alexander Tiede (aka Detlev Tiede) and his friend Ingrid Ruske and her 12-year-old daughter had travelled to Poland to meet with Ruske's West German boyfriend Horst Fischer, who had planned to bring forged West German papers to enable their escape by ferry to West German
Travemünde Travemünde () is a borough of Lübeck, Germany, located at the mouth of the river Trave in Lübeck Bay. It began life as a fortress built by Henry the Lion, Duke of Saxony, in the 12th century to guard the mouth of the Trave, and the Danes ...
. However, Fischer did not turn up, and after four days of waiting for him Ruske and Tiede – not having any information as to his whereabouts – concluded that Fischer must have been arrested when travelling through East Germany. Their conclusion was right, as Fischer had indeed been arrested and would later be sentenced to eight years of jail in East Germany for preparing their ''Republikflucht'' ("desertion from the Republic"), a crime under GDR law. Ruske and Tiede then concluded that they were trapped and that prison awaited them if they returned to East Germany. So they developed a plan to hijack a plane headed for East Berlin's
Schönefeld Airport Schönefeld (meaning ''beautiful field'') is a suburban municipality in the Dahme-Spreewald district, Brandenburg, Germany. It borders the southeastern districts of Berlin. The municipal area encompasses the old Berlin Schönefeld Airport (SXF) a ...
and force a landing at the
U.S. Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Sign ...
base at
Tempelhof Airport Berlin Tempelhof Airport (german: Flughafen Berlin-Tempelhof) was one of the first airports in Berlin, Germany. Situated in the south-central Berlin borough of Tempelhof-Schöneberg, the airport ceased operating in 2008 amid controversy, leav ...
in West Berlin. They bought a toy
starting pistol A starting pistol or starter pistol is a blank handgun that is fired to start track and field races, as well as competitive swimming races at some meets. Starter guns cannot fire real ammunition without first being extensively modified: Blank ...
at a Polish flea market, and then booked three tickets on LOT Polish Airlines Flight 165 from Gdańsk,
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
, to East Berlin.


Hijacking

On 30 August 1978, Tiede and Ruske hijacked a Polish LOT
Tupolev Tu-134 The Tupolev Tu-134 (NATO reporting name: Crusty) is a twin-engined, narrow-body jet airliner built in the Soviet Union for short and medium-haul routes from 1966 to 1989. The original version featured a glazed-nose design and, like certain ot ...
airliner with 62 passengers making Flight 165 from Gdańsk to East Berlin. Tiede, armed with the toy starting pistol, took a flight attendant hostage and succeeded in forcing the aircraft to land at Tempelhof Airport in West Berlin. Of the 62 passengers, there were 50 GDR citizens, 10 Polish citizens, a man from
Munich Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the third-largest city in Germany, after Berlin and Ha ...
and a woman from West Berlin. The passengers were given the opportunity to remain in West Berlin or to return to East Berlin. Not only did Tiede, Ruske and her daughter claim sanctuary in West Berlin, but so did another seven East Germans: a radiology assistant from
Erfurt Erfurt () is the capital and largest city in the Central German state of Thuringia. It is located in the wide valley of the Gera river (progression: ), in the southern part of the Thuringian Basin, north of the Thuringian Forest. It sits i ...
, a couple with two children and a couple from
Leipzig Leipzig ( , ; Upper Saxon: ) is the most populous city in the German state of Saxony. Leipzig's population of 605,407 inhabitants (1.1 million in the larger urban zone) as of 2021 places the city as Germany's eighth most populous, as ...
, although the radiology assistant returned to East Germany the next day. The remaining passengers were interviewed and taken to East Berlin on a bus.


Trial

The West German Federal Government was very reluctant to prosecute Tiede and Ruske because of the West German policy of supporting the right of East Germans to flee oppression in the GDR. But the
United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a feder ...
had just spent years, finally successfully, persuading the East German government to sign a hijacking treaty. Consequently, the case was prosecuted in the never-before-convened United States Court for Berlin. Over the prosecutor's objections, US federal judge
Herbert Jay Stern Herbert Jay Stern (born November 8, 1936) is a trial lawyer, with a national practice in civil and criminal litigation, as well as mediation and arbitration.  Earlier in his career, Stern served as a United States district judge of the United S ...
ruled that the defendants were entitled to be tried by a jury, a procedure abolished in Germany by the
Emminger Reform The Emminger Decree or Emminger Reform (german: Emminger Verordnung, ''Lex Emminger'', or '; formally the ') was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger ( BVP) on 4 January 1924 that among other thing ...
of 1924. The case against Tiede's co-defendant Ingrid Ruske was dismissed because she had not been notified of her legal rights before signing a confession. Tiede was acquitted on three charges, including hijacking and possession of a firearm, but convicted of taking a hostage. The jury found Tiede guilty of
hostage-taking A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or r ...
, but not guilty of acts against the safety of civil aviation,
deprivation of liberty Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
and
battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...
. The minimum sentence for hostage-taking was three years. However, Stern sentenced Tiede to time served during pretrial detention, about nine months. Stern accounted for Tiede's emergency situation and plight to face imprisonment in East Germany for attempted ''Republikflucht''.


Aftermath

Two years after his arrest Fischer was released after the West German federal government had paid a ransom to East Germany. Ruske and Fischer married after his release in West Germany.


In popular culture

The 1984 book which Judge Stern wrote about the event, '' Judgment in Berlin'', was made into a movie of the same name in 1988.
Martin Sheen Ramón Antonio Gerardo Estévez (born August 3, 1940), known professionally as Martin Sheen, is an American actor. He first became known for his roles in the films ''The Subject Was Roses'' (1968) and ''Badlands'' (1973), and later achieved wid ...
depicted him.


See also

*
Eastern Bloc emigration and defection After World War II, emigration restrictions were imposed by countries in the Eastern Bloc, which consisted of the Soviet Union and its satellite states in Central and Eastern Europe. Legal emigration was in most cases only possible in order to r ...
*
Pan Am Flight 103 bombing trial The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set ...
, another trial by judges from a judiciary other than the host nation


Notes


Further reading

*< *Stern, Herbert Jay, ''Judgment in Berlin'', New York: Universe Books, 1984.


External links

* {{DEFAULTSORT:Lot Polish Airlines Flight 165 Hijacking Aviation accidents and incidents in 1978 Accidents and incidents involving the Tupolev Tu-134 1978 in Poland Aircraft hijackings Eastern Bloc defectors Legal history of Germany
165 Year 165 ( CLXV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Orfitus and Pudens (or, less frequently, year 918 ''Ab urbe condita'' ...
1978 in East Germany East Germany–West Germany relations August 1978 events in Europe 1978 crimes in Poland