Freiburg (dpa / lsw) – The use of a police drone at a “climate strike” event in Freiburg was unlawful according to the Freiburg Administrative Court. According to a notice published on Wednesday, the operation to steer and steer the assembly on September 20, 2019 violated the fundamental right of freedom of assembly (judgment of July 29, 2021 – 10 K 4722/19).
Between 20,000 and 30,000 people took part in the Fridays for Future demo, who took an elevator through Freiburg’s city center. The drone flew over the meeting and transmitted images to the situation center in real time. One participant had sued against this.
The court complained that the participants could have been identified. It is irrelevant that the police did not intend to do this and did not save the recordings. Because the drone was small and barely noticeable, the court assessed its use as a covert measure that interfered with freedom of assembly. Those who prefer not to go to the demo because they fear official observation and thereby disadvantages will be impaired in their development opportunities.
Admittedly, recordings could be made to avert threats to public safety and order. However, the drone was only used as a precaution during the peaceful demonstration. In principle, the court did not doubt the sense of a mission to steer and control meetings. For this, however, there is a lack of a “suitable (regional) assembly law authorization basis”. The regulations in the police law were insufficient.
The judgment is not final. The state, represented by the Freiburg Police Headquarters, can appeal within one month. The court approved this because of its fundamental importance. The “Badische Zeitung” reported about it.
© dpa-infocom, dpa: 210915-99-230580 / 3
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