Aerial view the JVA Sehnde high-security prison. Sean Gallup/Getty Images

Culture war From the capitals

German transgender neo-Nazi moved to men’s prison

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The ministry stressed that the decision was taken independently by correctional officials and not by Justice Minister Constanze Geiert.

German authorities have transferred a transgender neo-Nazi to a men’s prison despite the inmate being legally recognised as female, apparently overruling Germany’s controversial Self-Determination Act.

Marla-Svenja Liebich, formerly known as Sven Liebich, was extradited from the Czech Republic this week to serve an 18-month prison sentence for offences including incitement to hatred, slander and trespassing. Upon arrival in Saxony, Liebich was initially admitted to the women’s prison in Chemnitz, in line with a legal registered gender change.

Within hours, however, prison authorities transferred the 55-year-old to a men’s correctional facility following what the Saxony Ministry of Justice described as an individual assessment by prison experts.

The ministry stressed that the decision was taken independently by correctional officials and not by Justice Minister Constanze Geiert.

The move marks a dramatic reversal from the expectation that Liebich would serve the sentence in a women’s prison, a prospect that had fuelled criticism of Germany’s gender self-identification law.

Liebich legally changed both name and gender in early 2025 under the Self-Determination Act, which allows adults to alter their legal sex through a declaration at a registry office without medical or psychological assessments.

Critics alleged the move was intended to exploit the law and secure placement in a women’s prison, an accusation Liebich has denied.

The far-right activist failed to report to prison last year and fled to the Czech Republic, where authorities arrested and extradited the fugitive earlier this month.

During the extradition proceedings, Liebich argued against being returned to Germany, saying there was a risk of incarceration in a men’s prison.

Liebich has long been one of Germany’s best-known neo-Nazi agitators. Courts have convicted the activist of multiple offences, including incitement to racial hatred, slander and assault. He has been known for provocative stunts, including comparing COVID-19 restrictions to the Holocaust and disrupting LGBT events.

He is serving an 18-month prison sentence imposed in 2023 for multiple offences, including incitement to hatred, insult, defamation and trespassing. The sentence incorporated several earlier convictions, including a case in which the activist sold baseball bats branded as “deportation aids”, which German courts found amounted to incitement against migrants.

The case has become one of the most controversial tests of Germany’s Self-Determination Act since it entered into force in November 2024.

Interior Minister Alexander Dobrindt has argued the law is open to abuse, while local authorities in Saxony-Anhalt have launched unprecedented legal proceedings seeking to reverse Liebich’s legal change of sex, arguing it constituted an abuse of the legislation rather than a genuine change of gender identity.

Although prison authorities ultimately decided to house Liebich in a men’s prison, the broader legal dispute remains unresolved. A court in Halle is still considering whether the activist’s legal gender change can be annulled, in what legal experts say could become a landmark case.

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