With a major raid, the investigative authorities took action against the climate protection group Last Generation on Wednesday. The police searched 15 properties across Germany, including three in Augsburg and Munich. In addition, the investigators blocked bank accounts and websites of the activists. According to the Munich Public Prosecutor’s Office and the Bavarian State Criminal Police Office, seven suspects are being investigated – among other things, on suspicion of forming or supporting a criminal organization.
How far the rule of law should react to actions of the last generation, such as blocking roads – that was exactly what happened recently Topic of the discussion series “Kellertalk”, which is organized by the law alumni of the University of Würzburg and the Main-Post. How do the panellists now assess the current development and the searches?
For Kyrill-Alexander Schwarz, professor of public law at the University of Würzburg, the matter is clear: the basis of the raid is a judicial decision, so this is a legitimate measure. In the further investigations, it must now be clarified whether the “obviously well-founded initial suspicion” of a criminal offense is substantiated or not.
Schwarz emphasizes that the rule of law should not matter what the motives are for climate activists to act and commit crimes. The place to enforce political demands for climate protection is the parliaments: “That’s how it works in a democracy.” The Basic Law only grants citizens a right of resistance against those “who want to eliminate the free and democratic basic order”.
Würzburg lawyer calls the actions of the authorities “ugly”
Würzburg lawyer Eric Weiser-Saulin calls the raid on the Last Generation and the confiscation of funds donated to the organization “ugly”. This drastic approach by the investigators is “not a good development,” says the environmental lawyer with a view to the climate protection debate. Without knowing the specific allegations, the measures could not be conclusively evaluated.
During the cellar talks, Weiser-Saulin pointed out that in times of climate emergency, “legal rethinking” might have to be done. He has doubts as to whether sticking on the street is actually a coercion within the meaning of criminal law. After all, the activists merely reminded politicians to implement the climate protection guidelines they had decided on themselves.
The factual discussion at the cellar talk showed that a dialogue is possible despite opposing views, says Weiser-Saulin. It would be a shame if accusations such as the formation of a criminal organization and the raid would escalate the climate protection debate, making talks between activists and those responsible for politics more difficult.
Würzburg activist regularly takes part in blockades
Johanna Sing and Jörg Peter, representatives of the last generation at the cellar talks, could not be reached for comment on Wednesday. Sing had reported to the 250 listeners to the discussion that she had been taking part in road blockades, especially in Berlin, for months and that she also stuck to the roadway. She has not yet been convicted, but she expects it.
The 34-year-old justified her protest with the “great threat” emanating from the “inaction” of politicians. In doing so, the government is violating the law, Sing said: “We have no more time to lose.”
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