2007-08-09
- Repression against the radical left G8 mobilisation
- We are all 129a!
- Press release of the lawyers in the current §129 a proceedings
- Berlin: Manifestation in support of those arrested under 129a
- Action Map of the G8 protests
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Repression against the radical left G8 mobilisation
As of May 2007 there have been several raids following 4 investigative procedures based on paragraph 129a in Hamburg, Berlin, Bremen, Strausberg and Bad Oldesloe:
* On 9 May based on allegations of "forming a terrorist organisation for the purposes of stopping the G8 summit" (under various group names, 18 persons) as well as "membership in a terrorist organisation (militante gruppe, 3 persons, based on attacks which took place since 2001).
* On 13 June-19 July based on allegations of "forming a terrorist organisation (under several group names, e.g. AK Origami). The allegations focus on arson attacks on vehicles belonging to the military and to a company involved in arms manufacturing in in Glinde (2002), Bad Oldesloe and Berlin (2004 and 2006).
* On 31 July based on allegations of "forming a terrorist organisation" (militante gruppe, 4 persons arrested, 3 others searched).
The federal criminal bureau explained several times to the press that the following house searches had neither anything to do with the raids on 9 May nor with the anti-G8 movement. However, as previous experience in 129-related investigations and trials has shown, search warrants can be obtained based on construed "research findings". This allows the authorities to gather additional information on the radical left movement. In this way, these "findings" contribute to investigative procedures in respect to future attacks; "facts" which are supposedly "linked" with G8. Only 2% 129 cases lead to conviction.
The investigative files on the 9 May raids alone add up to about 80,000 pages, about 200 notebooks. Apart from the raids, dozens of phone-tapping permits have been issued, as well as bugging cars and meetings. A witness who supposedly identified a "suspicious person" after the arson attack on Thoas Straubhaar's car turned 80 photos in to the federal criminal bureau.
Some of the persons concerned are accused of initiating a "militant group" against the G8 2007. These allegations are based on telephone conversations where members of the "Global Agriculture" working group spoke of "stepping up" the campaign. The accused became suspects after visiting the web sites of the companies they are criticising or having spoken on the phone about the locations of the companies. This campaign would necesitate IT experts who specialise in setting up mailing lists, servers and managing web sites.
A large part of the files consist of analyse of "self-incriminating writings." This entails comparing how sentences are formulated, punctuation, grammatical errors such as "weakness in the genitive case," or whether letters are capitalized. Additional factors looked at are where the date is placed (right or left of the page), written without or without zeros, use of words such as "imperialism" or "precarity", references made by the author to particular campaigns and left groups, whether the spelling is "dissent!", "dissent" or "Dissent" (G8 or G-8) etc. Comparisons are also made between texts for similar expressions such as "raking in the money", "IWF", etc.
After every analysis a profile is drafted of potential authors of the text: city of origin, political affiliations, educational background, and position of the author within their political spectrum. Some of the texts are subsequently attributed to specific persons.
Data is compiled on the accused house mates, with whom s/he has phoned, phone and internet service providers, at which demonstrations the accused was detained, or which collaborative projects the person is working on.
Much of the data is not intended for exclusive use in the investigation of a particular case. On the contrary, it appears that inquiries for further information collection regardless of context were placed by the BKA at the Federal Office for the Protection of the Constitution (Verfassungsschutz), political "crime unit" of the BKA. In any case, the circumstances clearly indicate that the authorities have probed extensive information on the radical left and anti-G8 movements since the beginning. Surveillance permits for the radio cells in and around Mehringhof and the HWP high school were requested for at least the first two "dissent!" network meetings in Hamburg and Berlin, both of which were attended 250 persons. In this vein, the authorities probably have logged every mobile phone which registered with the local network there. The presence of informants at the meeting itself also comes as no surprise.
The investigations based on the raids of 9 May are founded on shaky constructs. No stone is left unturned in a desperate attempt to attribute an interest in militant attacks to some of the persons accused. Even association with the persons in question is grounds for suspicion! This proves again that we are all 129a!
* Solidarity group based on 31 July raids: http://soli.blogsport.de
* Solidarity group based on 13-19. June raids: http://soligruppe.blogsport.de und http://soligruppenord.blogsport.de
* All court case informaiton can be found at: http://gipfelsoli.org/Repression/129a
[Gipfelsoli Info Group]
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We are all 129a!
Four German activists have been arrested on suspicion of being members or supporters of an alleged 'terrorist organisation' [lawyers' press release | de]. The German federal police suspect that Militante Gruppe (MG or Militant Group) was behind several arson attacks against police and army vehicles since the group surfaced in 2001 [Federal Prosecution's press release]. The direct actions are said to have included an attack on German federal police vehicles to protest against their involvement in immigration deportations and another in response to the G8 raids earlier this year. If found guilty, the four could face up to 10 years in prison. Another three men have been accused but not arrested.
Since May 2007, there have been several raids as a result of four preliminary investigations in Berlin, Hamburg, Strausberg and Bad Oldesloe, using Section 129a of the German Criminal Code, which prohibits "the founding of, membership in or support of a terrorist organisation" [background in de | special issue of the German Law Journal (pdf in en)]. Section 129a investigations are typically used by the federal police to gather information about activists and protesters, as well as to intimidate them. Only 2% of all Section 129a investigations have ever resulted in convictions.
A number of solidarity actions have already taken place, including a demo in Berlin last Wednesday (August 1st) and another at the prison where the four are held on Sunday (August 5th). A Germany-wide protest against police repression is planned for September 15th [call], while many solidarity protests and actions are expected throughout the world.
For more information, check this new solidarity blog [en] and Indymedia Germany.
Terrorists!
Following a year-long Section 129a investigation, three activists were arrested on 30-31 July, 2007, while allegedly attempting to set fire to four army trucks on a MAN AG site in Brandenburg. The three, identified as Florian L. and Oliver R., both 35, and 46-year-old Axel H., are now charged with "belonging to a terrorist organisation", Militante Gruppe, as well as an attempted arson attack. On July 31st, police searched the homes of four other suspects living in Berlin and one of them, Andrej H., 36, was arrested on suspicion of "supporting MG".
The lawyers acting on behalf of the seven said in a statement, "The charges of terrorism against the 7 people accused in this new 129a case are speculative and not tenable. The arrests of the four are a scandal."
"The current proceedings, especially the motivation of the warrants, show once again how the law enforcement agencies in Germany use anti-terror laws against certain suspicious people, in total disproportion and without any constitutional scruple."
In normal constitutional court proceedings, the three Brandenburg suspects would have been charged with attempted arson under Section 306 of the Criminal Code and not remanded in custody. Declaring attempted arson of three vehicles without endangering anyone as terrorism obviously has political motivations. Even the broadly defined Section 129a (membership of a terrorist organisation) requires that the acts are meant to "damage a state or international body considerably through their nature or their effects."
Prior to the G8 summit in Heiligendamm in June 2007, the Federal Prosecutor had investigated several MG members and searched their houses, using Section 129a, but found no evidence to use against them. The raids then sparked a wave or protests worldwide and were even condemned by many mainstream human and civil rights organisations.
Section 129a was originally added to the Criminal Code in response to the actions of the Red Army Faction (RAF, also known as the Baader-Meinhof Group) in the 1970s. Its main purpose is to "protect public safety and the order of the state" by declaring the planning stage as part of the "illegal activity". Pens and guns
According to the Federal Prosecution itself, police have no sufficient knowledge about the three Brandensurg arrestees. This, however, "does not go against the assumption of a possible suspicion of membership in a terrorist organisation." From the writings of the MG, they concluded, "it can be concluded that this fits the expectations from their members."
The arbitrariness of the arrests can be seen more clearly in the case of the fourth arrestee, Andrej H. Police have assumed a link based merely on observations that there has been a contact between him and one of the Brandenburg suspects. Further, the only two meetings between them are supposed to have taken place "conspiratorially". Police do not know anything about what the meetings in February and April 2007 were about. Yet, they have concluded that the "conspiratorial behaviour between H and L can only be explained that L is also part of the terrorist organisation MG" and that "the conspiratorially agreed-upon meetings are related to this" (the organisation). One of the 'conspiratorial things' apparently was that Andrej had forgotten his mobile phone at home.
Andrej H., a sociologist whose work focused on gentrification, tenants' rights and social cuts, is also supposed to have published an academic article in 1998, in which he used phrases and words that can be found in MG texts. "The frequency of the correspondence is conspicuous and cannot be explained by thematic correspondences," they concluded. "As a political scientist," they added, he is "intellectually capable of writing the technically difficult texts that MG uses". What's more, he "has access to libraries which he can use inconspicuously to make the needed investigations for the MG."
Andrej is also known as a political activist who has participated in many local and international events, including recently the G8 Independent Media Centre in Rostock. In his arrest warrant, it was mentioned that he was involved in "staging the left-wing protests against the G8" (in Germany, June 2007). We are all 129a!
At a solidarity demo in the city of Fulda on August 4th, the 400 or so participants, mostly from the Attac Summer Academy, were chanting throughout such slogans as "We are all 129a" and "we are all terrorists". Around 40 of them then 'reported themselves' to the police officer in charge since they carried the same reasons for suspicion that were brought up against Andrej. In a "self-incrimination under 129a", they declared that
* they, too, fulfill the intellectual and material prerequisites of composing a responsibility claim;
* they, too, have access to libraries needed for the respective research, which they can use without attracting any attention;
* they, too, published texts which contain phrases used also in the texts of Militante Gruppe.
[http://www.indymedia.org/en/2007/08/890501.shtml]
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Press release of the lawyers in the current §129 a proceedings ("militant group (mg)"), 2nd of August 2007
§129a-Arrests: extraordinarily legislation
In a since 2006 from the federal state prosecutor investigated proceedings because of membership of a terrorist association after § 129a Abs. 2 Nr. 2 StGB, three of us defended accused persons were arrested in the night of 30./ 31.07.07. They are accused of trying to put on fire at least three lorries of the army at the site of the company MAN in Brandenburg. The three accused persons were observed in these night by the police. At 31.07.2007 housesearches took place at the homes of four other accused persons living in Berlin and one other person got arrested.
The Judge in charge of investigation at the Federal Court released warrants against the three arrested persons in Brandenburg and against the arrested person in Berlin.
The current proceedings, especially the motivation for the warrants, show again how the law enforcement agencies in Germany use the anti-terror-laws against certain suspected persons, namely: totally disproportionate and without any constitutional scruple. For the current case: in normal constitutional court proceedings the suspected persons should be accused with attempted arson after §306 StGB. The not being punished before and living in normal social conditions suspected persons would not be put into custody because there is no reason to assume flight. It is wrong to declare attempted arson of three cars without endangering any persons, as terrorism. After all even the broadly defined paragraph 129 a (membership of a terrorist association) requires that the offences are meant to "damage a state or international organisation considerabilly through their nature or their effects".
The defending lawyers are above all outrageous for the in the warrants argued assumption that the 7 suspected persons acted in a terrorist association.
Concerning one of the three in Brandensurg arrested persons, it says that although "there is no knowledge available by the police", "this does not speak against the assumption of a possible suspicion of a membership in a terrorist association". "Out of the writings of the mg it can be concluded that this fits in their expectations of their members". How arbitrarily this motivation is, is been shown that another suspected person did not get findings out of preliminary proceedings. The investigative agencies assume because of observations that there has been contact between one of the arrested persons in Brandenburg and the arrested person in Berlin. The only two meetings between them is asumed to be agreed upon conspiratively. The authorities do not know about what the meetings in februar and april 2007 were about. Anyway they conclude out of these alleged meetings:
"These conspirative behaviour between H and L can only be explained that L is also a part of the terrorist association "mg" and that the conspiratively agreed upon meetings are in relation to this".
These two conspiratively meetings are in the argumentation of the federal Prosecutor in Karlsruhe not only constitutationally for the charges of terrorism, but also the only relationship between the arrsted persons in Brandenburg and the 4 other suspected persons in Berlin. The moments of suspicion against the 4 others in Berlin are hardly to be beaten in absurdity.
It says amog others:
-"one of the social scientifically... 1998 in the magazin... published scientifical article contains Phrases and words, which are also used in texts of the "mg". The frequency of the correspondence is conspicious and can't be explained through thematic correspondences."
-"As promovated Political scientist he is intellectually able to write the tecnically difficult texts the "mg" is writing and he has got the access to libraries which he can use unconspicouisly to make the needed investigations for the mg".
- "For a membership in the "mg" speaks further, that ... in june 2005 in the magazine... in an article of the in 1972 failed attack of the terrorist association "RZ", in which a caretake died, reported and that this same attack has been mentioned in an article of the "mg" in spring 2005.
-As a doctoratescholarship he has the intellectuall and technical possibilities which are needed for the technical difficult texts of the "mg".
As futher indication are the plural contacts to the left-extreme Szene of Berlin. One of the in Brandenburg arrested persons hass been accused of growing up in Berlin-Reinickendorf until 1992 and therefore he has to have good knowledges of this area which were needed for the attacks the "mg" has succeeded in Reinickendorf and Wedding.
The charges of Terrorisms against the 7 accused persons in this new 129A proceedings are speculatively and not tenable. The arrests against the four are a scandal. The way the federal prosecutor proceeds proves again how German criminal enforcement agencies use the anti-terror-laws in a disproportionate and legally not tenable way against unpopular suspects
Republikanischer Anwältinnen- und Anwälteverein e. V.
Haus der Demokratie und Menschenrechte
Greifswalder Straße 4
10405 Berlin
[http://soli.blogsport.de/2007/08/02/press-release-of-the-lawyers/]
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Berlin: Manifestation in support of those arrested under 129a
Different groups had called for a spontaneous manifestation at the prison in Moabit, where the four prisoners Axel, Florian, Oliver und Andrej arrested at the 31st of July are hold in custody. They are accused of being members of the "militante gruppe".
Around 200-250 people came to show their solidarity with the prisoners. The content of the manifestation was oriented on the good call to the manifestation that you can find here (http://de.indymedia.org/2007/08/189826.shtml)
According to the police a planned action that has been prevented by the police had lead to the arrests of the four comrades. Especially if one considers the scheduled continuation of the deployment of the german army Bundeswehr to Afghanistan, to be decided by parliament in September, a successful sabotage of arms production and concretely of Bundeswehr-trucks would have been a nice rising-to-speak of the radical left.
Among the various statements at the manifestation were those of the Initiative Zukunft Bethanien [a local initiative against anti-social restructuring of the city and for the squatted social centre Bethanien], the tenants-initiative Mieterladen Kreuzigerstraße, the network of political prisoners, Mediaspree-versenken [also aimed against gentrification] and of TAYAT. Meanwhile declarations of solidarity came from the International Communists Berlin, Ulla Jelpke (left party) and the scientific board of ATTAC. Numerous banners were brought to express solidarity and demand freedom for all political prisoners.
In parts the preventive controls of the police were quiet sharp, not only looking into bags but touching all persons that had not found their way around the cops.
Another possibility to show solidarity with the anti-militarists imprisoned will be the demonstration against the extension of the deployment of the Bundeswehr to Afghanistan at the 15th of September 2007, starting at 12 at the Rotes Rathaus [Alexanderplatz] in Berlin. There will be a radical left block on this demonstration, as there will be one the following week on the demo against the Schäuble [minister of interior] surveillance-state.
Website in support of the 4 prisoners and the 3 accused:
"http://soli.blogsport.de":http://soli.blogsport.de/
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Action Map of the G8 protests
Media G8way | Gipfelsoli Infogroup
Press Release for Immediate Release Thursday, August 9th 2007
* Mapping the history of the G8 resistance
Anti G8 protesters from Germany and abroad have released an "Action Map" of the protests and actions against the G8 that took place in Germany at the beginning of June this year.
Different groups have been adding to the map that collates the massive and diverse protests, direct actions, blockades and other events that took place during the week of action against the G8 and the politics they represent. The map contains different icons that indicate where and what kind of action occured. The individual icons are linked to texts, films or pictures about the actions.
Previously unpublicised actions include a direct action against the multinational corporation Caterpillar, clowns actions and numerous barricades such as the sealing off of one access road to Heiligendamm with fast drying cement.
"There was so much happening that week, and many events went almost unnoticed", Hanne Jobst from the Gipfelsoli Infogroup explained, "many of the actions were at no point reported or commented on by the authorities or the companies affected."
The map is also a contribution to future mass protests like the Anti-G8 mobilization in Japan next year, or the year after in Italy. "People can see how the interplay between mass and direct actions worked in and around Heiligendamm and use this experience to shut down the next G8 summit, the next WTO meeting or the next nuclear waste transport", Jo Smith of the international press group Media G8way added.
To view the map: www.gipfelsoli.org/rcms_repos/maps/action.html