two decades of battling the German authorities, she finally had access to the truth. She was closer than ever to being able to reconstruct the final hours of her husband’s life.
Once the authenticity of the documents had been verified, Spitzer demanded that the federal government provide her with full access to the archive. The government refused. After several TV appearances, a political storm erupted in Germany. During one dramatic debate, Spitzer, speaking live from Tel Aviv, confronted the Bavarian justice minister, who denied the existence of any official archives; Spitzer produced a sheaf of papers and began quoting from the official ballistic reports.
The German opposition party demanded the release of the information. The interior minister of Germany and the Bavarian justice minister were in the hot seat, trying to cover up two decades of dishonesty.
On August 29, 1992, Zeltzer received notice from Munich: “We found the documents. You can come to Munich with a local lawyer and collect everything we have.”
The next day Zeltzer flew to the Bavarian capital to scour the municipal archives. In the basement of the archives building, twenty boxes and crates stuffed with dusty files were presented to him. There were 3,808 files holding tens of thousands of documents. There were hundreds of investigative reports, dozens of eyewitness accounts from everyone who had participated in the rescue mission, and nine hundred invaluable photographs, mostly taken after the massacre. It was an incredible collection of material, carefully detailing the events of September 5, 1972, allowing the families to finally learn the truth about how their loved ones had died.
The material also enabled the families to file a legal claim for compensation. In 1972, when the struggle with the German authorities began, there were thirty-four parents, widows, and children involved. By the time the case was brought to court in the mid -1990 s, only twenty-five remained alive. The case against the federal government, the Bavarian government, and the municipality of Munich was brought to court in 1994. After years of exhausting legal negotiations in the Bavarian court system, a deal was offered to the families. “If you continue in the courts we will no longer speak with you,” top officials in Berlin said to Ankie Spitzer in 2003. The Germans offered a settlement of 3 million euros, to be divided among the twenty-five complainants, which came to $ 115,000 per person.
The families held a tempestuous meeting in Tel Aviv in 2004. Two alternatives were presented. The first: accept the financial offer and forgo the opportunity of forcing the German federal government, the Bavarian state government, and the Munich municipal government to be held accountable for their actions. The second: refuse the offer and continue the indefinite legal battle for at least eight more years.
After long deliberations, the families decided to accept the German offer. Only Ankie Spitzer wanted to keep fighting. “I was disappointed by the decision but I understood the circumstances which led to the vote going the way it did. It wasn’t money that mattered. The lawsuit for monetary compensation, from my point of view, was the only way to force the Germans to deal with and to reveal what had happened, to take responsibility and to announce their guilt and even, maybe, to request to be forgiven. After more than thirty years, we managed to make them bend. Even if they didn’t directly state their guilt, they understood that they were responsible.”
15 TOUGH DECISIONS
TEL AVIV, MOSSAD HEADQUARTERS THURSDAY, SEPTEMBER 7, 1972, 1000H
The “Voice of Israel,” the country’s public radio station, began its top-of-the-hour news broadcast with a series of high-pitched, solemn tones. The headlines followed. On Thursday, September 7, at ten in the morning , the lead news item detailed the burial times for ten of the victims of the
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