Acquittal in Freiburg and preventive detention in Bavaria – how does that fit together?

Munich, Freiburg November 22.11.2022nd, 11, 00:XNUMX a.m – Yesterday, nine supporters of the Last Generation blocked main streets in Munich. They do this to bring pause to an everyday life that is foreseeably heading towards the bloody collapse of our society. Their addressee is the government, which they demand to fulfill their constitutional obligations and do everything necessary to preserve democracy, the rule of law and our free basic order over the next 50 years. Now eight of them are currently in police custody, three are due to remain in custody until December 02.12nd. stay in the Stadelheim JVA. This increases the number of those who are responsible for consistently demanding fundamental rights confirmed by the highest court, sitting in Bavarian cells, at least 21 people. 

Many lawyers view this development with great concern. Some even take legal action. Because in a democracy, it is legitimate for people to resist when the government disregards its own constitution. Only yesterday a district court in Freiburg confirmed that this was the case. While people in Bavaria were being locked in prison cells without trial, the trial of three very similar cases was currently in full swing. A young man took part in three road blockades in the spring of 2022, which, among other things, resulted in 18 km of traffic jams on the motorway. The verdict after six hours of examination of the facts: acquittal on all charges. 

The court explained that although traffic was certainly disrupted, it did not consider this disruption to be reprehensible given the climate emergency in which Germany is objectively facing. The young man's actions were therefore justified by the freedom of assembly enshrined in the Basic Law. Some of those present at the trial blocked another street in Freiburg immediately after the verdict.

After Berlin district judges refused to issue penalty orders against participants in road blockades after an initial examination in the past few months District court in Flensburg declared a defendant's trespassing to be not a criminal offense, this judgment joins a series of judicial decisions that judge peaceful civil resistance in the climate emergency to be legally appropriate.

The German constitutional state is in a position to act in a much more far-sighted and differentiated manner than Justice Minister Marco Buschmann recently repeatedly claimed. On Sunday at Anne Will's, he was still confident that the citizens who resisted the federal government's unconstitutional policies would be condemned and that the decisions in Flensburg and Berlin would remain isolated cases. Just one day later he would have to expand this list to include Freiburg. 

Carla Rochel | Photo: (c) Marlene Charlotte Limburg
Carla Rochel
Photo: (c) Marlene Charlotte Limburg

Carla Rochel, Last Generation Speaker: “We welcome the courage of the district court in Freiburg to set an example for the rule of law, fundamental rights and the protection of our livelihoods - indeed, to encourage us in our commitment. But even if, on the contrary, we are locked up without a trial, as in Bavaria, that will not stop us from taking to the streets again and again with new people, because what is at stake here is nothing less than the great moral question of our time. Will we destroy billions of lives for profit and short-sightedness? Yes or no? The tipping points are already beginning to crumble. Red alert level has already been reached. We may only have 2-3 years to choose between the two paths, one of which leads to a fairer, more conscious society and the other to societal collapse and the death of billions. We would rather be prosecuted for blocking roads than watch this crime against humanity go unchallenged."

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