English translation (from Google Translate):

Last generation: 27 climate demonstrators in Bavaria were preventively imprisoned

In the run-up to the IAA motor show, the police in Bavaria took activists from the last generation into so-called preventative detention. The procedure is very controversial.

By Kai Biermann

September 2, 2023, 4:14 pm

According to Last Generation, Bavarian authorities have currently put a total of 27 supporters of the group in prison without trial or verdict. This means that the number of activists in preventive detention has almost doubled, the group writes in a statement. They are therefore being held in the Stadelheim and Memmingen correctional facilities.

A large number of them were apparently taken into custody in connection with the IAA International Motor Show, which is scheduled to take place in Munich from September 5th to 10th. The last generation had announced protests against the fair. According to Last Generation, at least 16 of those affected are in custody until September 10th.

Eleven more are expected to serve longer sentences. According to Munich police, ten of them were taken into custody during a blockade on Friday. The Munich district court then ordered that they remain in prison until September 30th.

Nowhere as long as in Bavaria

Legally, this police approach is called preventive detention because it is not detention for a crime that has been committed. The police laws of the different states allow this for different lengths of time. In Bavaria, up to one month in prison is permitted, which may be extended by a judge for a maximum of another month. In other federal states, however, it is usually only a few days.

The so-called preventive or preventive detention is very controversial. The relevant laws were originally created to prevent terrorists from carrying out attacks. However, this form of detention is now also permitted in the case of the “imminent commission or continuation of an administrative offense of considerable importance for the general public,” as the Bavarian police law states. Lawsuits against this have so far been rejected in Bavaria. However, a final clarification about the legality of this approach is still pending.

This form of deprivation of liberty is all the more problematic because the protesters will not face imprisonment if they are convicted for a blockade. The corresponding procedures regularly only end with fines.

Carla Rochel, the spokesperson for the Last Generation, writes in the statement: “The question we as a society have to ask ourselves at this moment is: Do we think it’s okay that protest for all of our basic right to life means prison instead of climate protection is answered?”

‘Innocent until deemed inconvenient.’