Basic rights - Germany partially violates freedom of assembly, according to Amnesty
Is the police approach towards protesters in Germany proportionate? Amnesty International provides a clear answer in a recent report: No. The human rights organization accuses governments in several European countries, including Germany, of restricting the right to assembly and using repressive measures against dissenting opinions.
Amnesty International's report on the state of the right to protest in 21 European countries reveals a pattern of repressive laws, disproportionate use of force, arbitrary arrests and criminal prosecutions, as well as unjustified or discriminatory restrictions. This pattern spans the entire continent.
Moreover, there is an increasing use of intrusive surveillance technologies leading to "intimidation and coercion, and thus to a systematic restriction of the right to protest," according to the Secretary General of Amnesty International Germany, Julia Duchrow. The research paints a deeply alarming picture of a Europe-wide assault on the right to assembly.
Climate Activists of the Last Generation Affected
The NGO also criticizes a trend towards discrediting protests and portraying peaceful civil disobedience as a threat to public security and order. Authorities in Germany, Italy, Spain, and Turkey have labeled climate activists and activists from the group Letzte Generation as "eco-terrorists" or "criminals." Simultaneously, they have targeted these individuals with measures to combat organized crime and invoked terrorism-related legislation.
An example is May 24, 2023. On this day, 170 police officers searched private homes and other objects of the Letzte Generation group in seven federal states. The suspicion: Members of the controversial climate activist group might have formed a criminal organization. Under the leadership of the Bavarian Central Office for the Fight against Extremism and Terrorism (ZET) and the State Criminal Police Office in the Free State, the group's website was temporarily shut down. In its place appeared the statement: "Letzte Generation is a criminal organization according to § 129 StGB."
This is a notice that investigators quickly retracted after sharp criticism. Instead, they only speak of an initial suspicion. A year after the controversial police raids against climate activists, this question still occupies investigators in Flensburg to Munich: Is Letzte Generation really a criminal organization? Alexander Dobrindt, CSU parliamentary group leader in the Bundestag, is clear: "Definitely," he says shortly after the raid. No, however, according to a report commissioned by the Berlin Senate Justice Administration in the summer of 2023 – the investigation leaves room for interpretation for the investigators. The extremism investigators at the Munich General Prosecutor's Office still see the suspicion as valid.
Amnesty International Criticizes Police Handling of Climate Activists and Other Protesters
Julia Duchrow of Amnesty International criticizes the handling of climate activists and other protesters in a statement: "Protesting should and can cause disturbance. Instead of restricting politically inconvenient protests and punishing those who take to the streets, states in Europe should reconsider their approach. They should facilitate and protect protests, not suppress them."
The report in the period from 2020 to September 2023 documented numerous cases of excessive or unnecessary use of force by the police – including incidents that amounted to torture. Amnesty also found that in at least 13 out of the 21 investigated countries, including Germany, there were cases of impunity or lack of accountability for the police.
Amnesty also criticized preventive measures in Germany, Italy, and the United Kingdom. These measures allowed "persons to be excluded from certain places or future activities – and in some cases even arrested – to prevent their participation in acts of civil disobedience".
It's not just climate activists who are affected. European authorities have also restricted or banned predominantly pro-Palestinian protests. These measures are often disproportionate from the perspective of human rights organizations.
- Amnesty International, in their critique of Germany's approach, accuses the police of restricting the right to assembly for climate activists, such as Letzte Generation, and other protesters, claiming it goes against human rights principles.
- The report from Amnesty International notes that German authorities have used preventive measures to exclude individuals from participating in civil disobedience protests, a practice that is under scrutiny for its proportionality and compliance with human rights.
- In their call for reform, Amnesty International, a human rights organization, encourages German authorities to shift their approach towards protests, promoting facilitation and protection instead of suppression, to uphold the freedom of assembly as a fundamental right.
