The administrative court in Hamburg ruled that the ban of a No G20 protest camp in Stadtpark in Hamburg is inadmissible. Police authorities announced that they will appeal against the court decision. The legal team published information about the legal situation for No G 20 activists.
Submitted to Enough is Enough
The court confirmed its own decision of June the 7th and again allowed a protest camp in Stadtpark in Hamburg from June 30th until the 9th of July. The court motivated their decision that police authorities need to prove that there is a “police emergency” to ban the protest camp. According to the court police authorities failed to do so and the police press department instead stated in German media that the preparations for the G 20 police operations are going well. Police authorities announced that they will appeal against todays court decision.
The legal team published information about the legal situation for No G 20 activists;
Together against repression – also during the protests against the G20 Summit in Hamburg
Political actions often result in problems with the police forces. The Legal Team (EA) is an anti-repression structure supporting you during and after actions. If necessary, in cooperation with solidary lawyers.
The legal team can be contacted under the following number: +49(0)40 432 78 778
This number is NOT A helpline service.
Some hints to effectively counter the repression of the protests to be expected:
during the months before the G20 summit:
- The repressive forces are preparing themselves for the G20 summit as well, namely with attempts of chatting up, house searches, telephone tapping, surveillance etc. Do not let yourself become intimidated, clean up at home and try to keep any incriminating material outside of your private rooms. Encrypt data carriers and your email and SMS communication.
- Make yourself familiar with friends, comrades and confidants about any situation you might be confronted with and make arrangements for the joint behaviour and your forms of actions. Also talk about your fears.
- Exchange your complete names and dates of birth. Memorize the information to be able to speedily inform the EA in case of emergency.
- It makes sense to take precautions in the event that you will be taken in custody and you may have to spend more than 24 hours in a cell. Who shall be informed? Which dates have to be cancelled? Who will take care of what?
- Tell people and/or initiatives in your city about the time you are going to leave and of your planned return.
During the action days:
- It is recommended to take along dark, uniform clothes without particular characteristics (such as patches etc.) and a cap, base-cap.
- Leave any and all needless data at home (address book, calendar etc.)
- If you don’t want to do without mobile, get an inexpensive demo mobile with as little stored data as possible.
- No alcohol, no drugs at actions and demonstrations.
- Take along eye-rinsing solution and first-aid kit and familiarize yourself with the handling. Take along a second set of clothes.
- Take along medicines you need regularly in a sufficient amount (guideline: action period + 3 days) and also your health insurance card.
In case of arrest/detention:
- In case of an arrest/detention, you will be obliged to state your name, your registered address and date of birth. Take along your identity card, passport, visa, residence permits or similar documents. Legal note: if you fail to state your personal data, this will be regarded as an administrative offence and may result in an ED procedure (ED = fingerprints, photos) and even to a detention awaiting trial, depending on the charge involved.
- In any case, refuse to give evidence. Irrespective of what police is asking for, don’t say anything – it would only harm you and others. Refusing to give evidence is a strong offensive approach wearing down and diffusing police interrogations. The refusal is your right and you cannot be forced to give evidence. They will still try to make you talk with tricks. Do not engage yourself in supposedly harmless discussions and do not comment to the charge made – no matter how absurd it is. Do not make any statement regarding the charge to any other fellow inmate as well.
- Do not sign any paper. There is no reason for it and may be harmful in case of doubt. You will also get back your belongings without signature.
- Call the EA. You have the right to a successful phone call, demand this vigorously. Caution: the phone will be tapped, only state your name, date of birth, the place you are and what you are accused of. Do NOT state, what you did or what you didn’t do. In case of doubt, let the EA ask questions.
- It happens, that you will be subjected to an „ED procedure“ at the police station. This will include fingerprints and photos, up to a collection of physical characteristics. In this case, the procedure must „match“ the allegations – in case of a standard charge, such as „disturbing the peace“, the taking of fingerprints, for example, is not allowed, because this will not help to „clarify facts“. Do not voluntarily cooperate in the ED procedure! Do not walk around in front of the camera („Motion Profile“), do not change clothes for the photo. Do not „voluntarily“ hand over DNA samples. These can only be taken with your approval or upon a judicial decision. File an objection against this. This must not be signed by you as well.
- You may be kept in police custody until the end of the following day. Upon a judicial decision, however, up to 10 days. Reasons for this would be, for example, emergency response/preventive custody: „in order to prevent the imminent commitment of an administrative offence of considerable importance for the general public or the commitment of a criminal offence“, or the enforcement of a prohibition of access or stay.
- If police wants to enforce a detention awaiting trial, you will be put before a judge. Urge for legal assistance. Only use the lawyers of the EA. If you are before the judge without a lawyer or only with a police lawyer, insist on a lawyer of the EA and always repeat this request (e.g. „This is not my lawyer, I herewith request a lawyer of the EA and I want to call there“). Do not make any statement here, this is also your right here.
- The EA will take care, together with lawyers, that you will be out of detention as fast as possible. This will not cost you anything.
- As soon as you are out, make sure to quickly inform the EA (check out).
Arrest/Detention of young people
- Legal definition of young people: persons older than 14 but not yet 18 years old.
- In case young people will be arrested,. the parents or guardians, respectively, must be informed. If these cannot be contacted, the emergency services for children and young people in Hamburg will be informed. If you are on the way with adult friends, try to get a power of attorney from your parents, transferring the educational right to them for the period of the action days. This will enable these persons to collect you.
- It is not allowed to arrest young persons at all without any charge against them or who do not considerably disturb the operations. If it is impossible to hand over these young people to a guardian or to the Youth Welfare Office, they must be supervised outside police custody. It is not allowed to accommodate young persons together with adults.
- Often, police officers fail to do so, which might be in the interest of the person involved.
- It is not allowed to subject persons under the age of 14 to an ED procedure or an interrogation.
Special conditions in the Federal Republic of Germany:
- It is prohibited to carry or wear objects protecting the body against police violence (helmets, protectors etc.) and weapons or face masks are not allowed. Be careful and consider well, what you plan to use in which situation.
- Police forces often use close escorting (side escorting) for assemblies, trying to intimidate through presence. It happens, that pick squads enter into demonstrations as a provocation. Pepper spray is used very frequently, also batons and water canons with irritating substances, no rubber bullets.
- Demonstrations are accompanied by police in uniforms and in civilian clothes. Keep this in mind, if you plan to become active out of the demonstration. Arrests will be made, in particular through plain-clothed policemen even hours or days later. If possible, leave the place and change clothes after actions.
- Check, whether you got a health insurance in the Federal Republic of Germany and – if not – take out a foreign travel health insurance.
If you get problems with the repression authorities at a later stage, contact your local anti-rep group or the Hamburg EA.