Court defends hard line: this is how many climate activists are currently in custody

Is it acceptable to imprison climate activists for several weeks in anticipation of their involvement in additional actions? The district court describes its strategy in a press statement.

The police reportedly detained specific climate activists “in order to prevent the commission or continuation of imminent administrative offenses of considerable importance to the general public or criminal offenses,” according to the press release.

These were subsequently “immediately” brought before a judge, who made the decision to keep the prisoner in custody.

All activists consult with a court before being put into detention.

The court also gives the following data: 33 instances have had judicial detention issued since October 29. Are the police and the court system permitted to do that? The district court agrees.

“Article 17 of the Bavarian Police Tasks Act is the legal basis for the preventive detention of individual climate activists.” To decide whether to take part in additional actions, a judge would speak with each activist individually. Ex officio legal assistance will be given if required.

What guides the judge’s decisions? According to Martin Swoboda, a spokesman for the district court, “the judicial decision on the admissibility and continuance of the restriction of liberty is decided after a preventive proportionality test in each particular case.”

Up to two months of liberty restriction may be imposed.

How long is this type of detention possible? According to Swoboda, “Article 20 PAG establishes the maximum permissible duration of deprivation of liberty as no more than one month in each case and can be extended up to a total duration of two months.”

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