Regional court: raid on Last Generation lawful
Six months after extensive searches at Last Generation, the Munich I Regional Court has largely dismissed numerous complaints against the raid. The State Protection Chamber dismissed ten complaints as unfounded and upheld one in part, as the Higher Regional Court announced in Munich on Thursday.
The chamber thus confirmed the decision of the Munich district court. The court had rightly assumed that there was an initial suspicion of the formation of a criminal organization. On the one hand, it was an association because the group of several hundred people pursued a common goal. Secondly, the Last Generation also had the intention of committing crimes. According to the court, whether this is the main reason for the association is not decisive for the decision on the legality of the raid. It is therefore sufficient that the coercion of road users or damage to property is part of the Last Generation's image.
The State Protection Chamber also considers the acts to be a "significant threat to public safety", the court explained. Social discourse was being violated by illegitimate means. The searches were therefore also proportionate. The court upheld an appeal - individual items should therefore not have been confiscated.
Decision is legally binding
The decisions of the State Protection Chamber can no longer be appealed through the ordinary courts. They are legally binding.
The Munich Public Prosecutor General's Office is investigating numerous members of the Last Generation. During the raid in May, police officers searched 15 homes and business premises belonging to the climate protection group. Searches were carried out in seven federal states, specifically in Hesse in the district of Fulda, in Hamburg, Saxony-Anhalt (Magdeburg), Saxony (Dresden), Bavaria (Augsburg and Munich), Berlin and in the district of Segeberg in Schleswig-Holstein.
The apartment of spokeswoman Carla Hinrichs in Berlin-Kreuzberg, who is known throughout Germany for her many TV appearances, was also searched. "With guns drawn, the officers stormed into Carla's room, where she was still lying in bed," the group complained. The activists deny that they are criminals. The raid was widely criticized as excessive.
The investigation is being conducted by the Bavarian Central Office for Combating Extremism and Terrorism. However, a spokesperson for the Public Prosecutor General's Office emphasized that this does not mean that the Last Generation is classified as extremist or terrorist.
In light of the controversy surrounding the raid on Last Generation, some argue that excessive force was used, despite the upheld decision being legally binding. However, the Regional Court in Upper Bavaria deemed the formation of Last Generation as a potential criminal organization due to their intent to commit crimes against road users and property, posing a significant threat to public safety. Though climate activism is a valid concern, the actions of Last Generation crossed the line into criminal activity, thereby justifying the raid and subsequent investigation.
Source: www.dpa.com