Legal advice for the actions against the NATO-Meeting
Following is a summary of the most important legal advices, especially for foreign people. For general information on demonstration behavior and legal aspects please look for literature in your own language or contact a local legal aid group. Further down we provide more information in German language.Hints for the Arrival:
We suspect that for the time of the NATO-meeting the Schengen-Contract will be again temporarily abrogated. This means there will be border controls inside the European Union at the German borders.
• In Germany it is not allowed to carry weapons and anything that can be used as a weapon as well as objects that can be used to muffle up on a demonstration and on the way to a demonstration (i.e. that starts in your home country!). Weapons can be: nightstick, tear gas, knives, fireworks, sticks, rivet bracelets and necklaces. Objects used to muffle up are balaclavas, but can also be scarves, sunglasses and hoods.
• It is also not allowed to carry “protective weapons” on a demonstration, such as gas masks, helmets, protection glasses, protectors for chest/arms/legs.
• It is illegal to possess, buy and sell any drugs other than alcohol and tobacco.
• For citizens of the EU: It is better to take your ID-card than your passport (stamps). If you don’t have an ID-card, then take your passport.
Non-EU-citizens may need a visa. As soon as possible ask for further information at the German embassy in your home country. When asked for the cause of your journey say “tourism”.
• The entry into Germany can be denied, if either the border police suspects you to commit a crime (e.g. because you carry some of the illegal objects listed above) or you are marked as “violent” or dangerous in their computer. The international police authorities will presumably exchange their information on political activists.
• If the entry is denied and you enter Germany despite of that, you commit a crime.
• Even after you passed the border there might be police or border police controls on the way to and in Munich without any reasons for suspicion (so called “veil search”)
Police controls
• It is your obligation to tell the police your name and prename, address, date and place of birth, general description of your occupation (e.g. worker, student) and your personal status (e.g. married or unmarried). If you don’t have an ID-card, the police is allowed to take you to a police station to check your identity.
• You have the right to be searched by a police officer of the same gender.
• You do not have to tell the address of your accommodation in Munich (danger of police raids!).
In case of an arrest
• Only tell the police officer your name and prename, address, date and place of birth, general description of your occupation (e.g. worker, student) and your personal status (e.g. married or unmarried). No testimonies or other statements, no signatures! In this situation any kind of statement will never help you, but only causes trouble for you and others!
• You have the right to call a person you trust. If possible, call the legal aid team (EA).
• After you have been arrested, the police can keep you maximal 48 hours in prison. After 48 hours there must be a hearing in front of a judge.
• Normally the police will do an identification procedure and take photos, your fingerprints, body measures, any other specifics. Enter your objection to this procedure. Never agree to a voluntary analysis of your DNA (saliva sample). The police needs court order to do that.
• If you are accused of a crime, you can be imprisoned on remand, if a) you are accused of a severe crime, b) there is danger of escape or c) there is danger of prejudicing the course of justice. After two weeks there can be a judicial verification of your imprisonment.
• In Germany there is a possibility to be sentenced in an accelerated court procedure after one week on remand. This is only possible with clear evidence (e.g. a confession) and a maximum possible prison sentence of one year. In this case it is very important to contact the legal aid team or any lawyer. (more information here (in German language))
• In Bavaria the police has the right to arrest you and keep you in prison if the police suspects you of planning to commit a criminal offence. This is possible for up to 14 days or the end of the NATO-Meeting. After 48 hours a judicial decision is needed. Evidences for the plan to commit an offence typically are illegal objects such as weapons and objects to muffle up, but can be also documents with illegal content, maps with special marks, etc.
• After your release from prison: First call the legal aid team (EA) and tell them you got released!
Demonstrations
• USK (Unterstützungskommando = Support squad): Since the Eighties there exists a special squad for demonstrations and gatherings in Bavaria. They try to make “arrests with secure evidence”. The USK acts in small group with video documentation. They typically dash into a crowd using their nightsticks, try to isolate the person they want to arrest and pull him/her out. The USK has special nightsticks (Tonfa), that can be used to hit, to stab or to protect themselves. In this case the best way to protect ourselves is to keep together.
• The use of water cannons as wells as large-area tear gas application are not common in Munich.
• Pepper gas (chemical maze): Two years ago the Bavarian police started to use pepper gas. It is applied up to a distance of five meters and causes eye and skin irritation. (more information here (in German language)).
• In Munich arrests often take place after the end of a demonstration, sometimes even hours later. Never leave the demonstration on your own, always stay in groups and watch out!
Legal aid team (Ermittlungsausschuss EA)
• For the time of the actions against the NATO-meeting in Munich there is a legal aid team (EA). We provide a telephone service and try to help as soon as possible if people get arrested, get hurt or have any other problems with the police. We keep in touch with progressive lawyers who take care of people that get arrested if this is necessary.
• The phone number of the legal aid team is (0049-89-) 448 96 38.
• For any questions send an e-mail to muenchen@rote-hilfe.de.
More information on legal aid and behavior on demonstrations here (in German language).
Rote Hilfe e.V.
Schwanthalerstr. 139
D-80339 München
Germany
muenchen@rote-hilfe.de
