Early years Melsheimer was born in the
Saar region, a mining area in the extreme west of
Germany, close to the border with
France. His father was a director of the
local iron works. In 1924 he was appointed a
regional judge (Landgerichtsrat), with a succession of judicial promotions following. He was nominated as a
Supreme Court Judge in 1944, but he was never able to take up the position because no vacancy had arisen by May 1945, when the court was dissolved as
a consequence of
the country's military defeat. He was therefore successful in building his career under the Nazi regime without the need fully to demonstrate "Total Loyalty to the National Socialist State" (
"die Treue zum nationalsozialistischen Staat").
After The War Immediately after the end of World War II, Ernst Melsheimer joined the
Communist Party of Germany (KPD / Kommunistische Partei Deutschlands).
Much of the country was now occupied by the
Soviet Union. The
Soviet leadership had views that did not embrace a
multi-party political framework for those parts of Europe under Soviet military control. In what was rapidly becoming the separate state of
East Germany the KPD in 1946 found itself
obliged to merge with the moderate left
Social Democratic Party of Germany (SPD / Sozialdemokratische Partei Deutschlands) which left Melsheimer as a member of East Germany's ruling
SED (Socialist Unity Party of Germany/Sozialistische Einheitspartei Deutschlands). He also found himself one of just three senior lawyers who had been active under the Nazi regime still permitted to work as lawyers in the new
German Democratic Republic.
Quotation Even before his appointment as Chief State Prosecutor, at the Third Session of Legal Affairs Group of The Party's Central Committee in January 1948, Melsheimer set out his commitment to a strong state: :"It is an old revolutionary and democratic principal, as you should appreciate, that you can transform a state if you control two elements: the Police and the Justice System. The Police we have taken in hand, but not yet the Justice System. Our goal should be to take that in hand too." :::::Ernst Melsheimer (1948) :
„Man sollte beherzigen, daß es ein alter revolutionärer und demokratischer Grundsatz ist, daß man einen Staat dann umwandelt, wenn man zwei Dinge in der Hand hat: die Polizei und die Justiz. Die Polizei hat man in der Hand, die Justiz noch nicht. Daß wir sie in die Hand bekommen, sollte unser Ziel sein." :::::Ernst Melsheimer (1948)
A political lawyer Career progression Melsheimer's first position under the new regime was as a prosecutor in Berlin, where he was noted, among other things, for requesting politically motivated death sentences. Between 1946 and 1949 he also served as Vice-President of the
(East) German Central Justice Administration (DJV / Deutsche Zentralverwaltung der Justiz). On 7 December 1949 Ernst Melsheimer was appointed to the position for which he is best remembered, as the first
Attorney general, and thereby Chief Prosecutor, in the
Number 1 Criminal Division of the
East German Supreme Court. In this position he (successfully) called for the
death penalty at several
show trials including those of
Johann Burianek and
Wolfgang Kaiser. Victims of other high-profile
show trials prosecuted by Melsheimer included
Wolfgang Harich,
Walter Janka,
Leo Herwegen,
Otto Fleischer und
Leonhard Moog. Melsheimer served as prosecutor in numerous secret trials.
Quotation Ernst Melsheimer on the
Supreme Court: :"The supreme court should speak on critical questions in support of the fundamental underpinnings of our state and for the survival of our Republic. It should provide its judgement from a high platform clearly visible to the entire nation. It should pronounce quickly and correctly. ... Trial by the highest court, with the widest possible publicity, strengthens and deepens the democratic vigilance of the masses." :::::Ernst Melsheimer :
„Das höchste Gericht soll in den für die Grundlagen unseres Staates und für den Bestand unserer Republik entscheidenden Fragen Recht sprechen; es soll auf hoher, weithin dem ganzen Volke sichtbarer Plattform urteilen; es soll schnell und richtig urteilen. [...] Die Aburteilung [...] durch den höchsten Gerichtshof in breitester Öffentlichkeit stärkt und vertieft die demokratische Gesinnung und die demokratische Wachsamkeit der Massen." :::::Ernst Melsheimer
Courtroom tactics Melsheimer became notorious for court room tactics that included savage verbal assaults which at that time would have been unacceptable in western courts, against defendants and witnesses, and which regularly overstepped the bounds of constitutional justice. A defendant who survived and many years later published an account of his experiences was
Walter Janka. Another show trial victim, Janka's friend, the former Minister of Agriculture
Paul Merker, had recently been released from jail and was called into court to testify against Janka. In pretrial discussions Merker was initially unwilling to accept a deal regarding his testimony on Janka's involvement in the conspiracy alleged, but Melsheimer successfully threatened him: :"Be under no illusions, that you really belong in the dock. You are separated by a hair's breadth from the traitor Janka. You belong beside him. And if you do not here speak truthfully, then you must expect to take your place beside him in the dock." At the start of the same trial Melsheimer was just as successful in using similar threats to dissuade Janka's wife from testifying in support of her husband. He pointed out that in
the trial of the editor
Wolfgang Harich, which had taken place in March 1957, three months earlier, the journalist
Heinz Zöger and the radio commentator Richard Wolf who had turned up to testify on behalf of the defendant had been arrested in the courtroom, charged with membership of the same conspiracy as the defendant, detained, and a few months later convicted and sentenced themselves.
Finally Melsheimer retained his position as Chief State Prosecutor until March 1960, when he died. His ashes were placed with those of others honoured by The Party, at the
Socialists' Memorial in the
Friedrichsfelde Central Cemetery at
Lichtenberg (Berlin). His successor was
Josef Streit. ==Recognition==