Court overturns acquittal of soldier who refused Covid jab

More than four years after a German army officer was charged for repeatedly refusing a vaccination against Covid-19, the Bavarian Higher Regional Court on Friday overturned the defendant's acquittal.

Judges in the Bavarian city of Bamberg referred the case back to the Schweinfurt Regional Court, where a different criminal chamber must now deal with the matter again. The 36-year-old first lieutenant is accused of insubordination through refusing to obey orders.

The judges justified the reversal by citing a deficiency in the regional court's original ruling to acquit. The chamber in Schweinfurt should have weighed the defendant's interests against the interests of the state, which must protect vulnerable groups such as soldiers, the Bamberg court stipulated.

Since armed forces work closely together, their risk of infection is increased, the presiding judge said. The operational capability of the German military, the Bundeswehr, has constitutional status, meaning the goal should be to maintain the health and combat readiness of the troops, the judge ruled.

Defendant invokes conscience

The officer protested in court that the operational capability of the armed forces had always been important to him, but that he had nevertheless acted according to his conscience.

The self-described devout Christian said that he had not been listened to by his superiors at the time. Conscience is man's holy place, "a field of dialogue between man and God," he said in his defence.

He claimed to have acted according to his conscience by not getting vaccinated, even though he was aware of the consequences. As a result, he has since been banned from entering any barracks, is not allowed to wear a uniform, and receives only half of his pay, according to his lawyer.