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Arrest warrant against Andrej H. overturned

Coalition for the Immediate End to the § 129a Proceedings

  • Lawyers demand an end to the §129a proceedings

Yesterday the German Federal Court announced its decision in the case of
Berlin-based Andrej H. The Court has decided that at no point there was
any immediate suspicion that would have necessitated his detainment. The
arrest warrant against the activist and researcher was unlawful from the
beginning and has thus been overturned.

“We welcome this decision. Particularly because with this decision the
Federal Court confirms that the conclusions of the Federal Prosecution
were purely speculative and exaggerated,” Christina Clemm, Andrej’s
legal representative said. “The various violations of my client’s basic
rights that have occurred in the last months are therefore unlawful. The
next step is to close the case.”

Bild: BGH

The Federal Court did not address the question of whether the „militant
group“ (mg) should be considered a terrorist organisation. "The Court
has not taken the fundamental decision we expected. At the same time,
the decision they did take has massive consequences for the other
individuals still in custody,” Ulrich von Klinggraeff, the legal
representative of Florian F. stated. “The criticism of the Federal
Prosecution is now stronger; the proceedings are based on speculation
and construction. We also think that there is no immediate suspicion of
the other three with respect to §129a. Therefore the arrest warrant
against them must also be revoked. The defence still expects the Federal
Court to take a decision as to whether the „mg“ can be considered a
terrorist organisation or not.”

Since yesterday witnesses to the case are being questioned. At least 19
friends and acquaintances have received court orders. Alain Mundt, legal
consultant to the witnesses said: “These questionings are an attempt to
find out more information about the personal and professional lives of
the accused.“ Furthermore, the Federal Prosecution is looking for new
contact persons. The witnesses have been asked about their personal
lives, for example about their educational background. “Obviously it’s
unclear to the Federal Prosecution what they are looking for.” Wolfgang
Kaleck, spokesperson of the Republican Lawyers Association (RAV) and a
defence lawyer in the case, commented on the basic procedures of such
129a charges in recent years, “After 9/11 the voices against the
paragraph 129a legislation became quieter. The last year has shown that
this legislation continues to be used against social movements and
particular types of militant protest. That is why it is important to
continue to work towards its abolition.”

Coalition for the Immediate End to the § 129a Proceedings

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Source: Pressrelease