- Right-wing demonstration Gera - city points to freedom of assembly
The city of Gera has justified the approval of a demonstration by the far-right spectrum, referencing the banned magazine "Compact", on the grounds of the right to freedom of assembly. This right, the city stated in response to an inquiry, applies "just as much to dissenting minorities as to people who advocate for goals shared by a majority of the population." The city added that this right is not tied to any particular ideology or perceived extremist behavior. Previously, the Thuringian Ministry of the Interior had also stated that the demonstration was protected by the right to freedom of assembly.
Approximately 320 participants gathered in Gera on Saturday for a demonstration registered under the motto "We stand for peace and freedom" and approved by the city. The event included references to the "Compact" ban. Videos on social media show appearances by Jürgen Elsässer, the editor-in-chief of the magazine, which has been banned since mid-July, and Austrian right-wing extremist Martin Sellner. The demonstration was registered by a known right-wing extremist.
Replacement for a banned event
Left-wing state parliamentarian Katharina König-Preuss sees the gathering as a "replacement event" for a banned event in Saxony-Anhalt. She described it as a "catastrophic failure of the responsible authorities." In the neighboring federal state, a replacement event for an originally planned summer festival of the magazine had been prohibited. The police enforced this ban in the Burgenlandkreis, the estate of the former AfD state chairman André Poggenburg, on Saturday.
According to the city administration, the application for Gera was first submitted verbally last Wednesday. On that day, the responsible police inspection in Halle and the Ministry of the Interior in Magdeburg confirmed that a ban order for the event in Saxony-Anhalt had been issued. This ban was confirmed by the Administrative Court of Halle on Friday. The concrete application for the demonstration in Gera, including all required data, followed on Thursday last week.
City: No immediate danger to public safety recognizable
The city explained that a ban or specific conditions on a demonstration are only possible "if, based on the circumstances known at the time the order is issued, the public safety or order is immediately threatened by the demonstration or procession." Speculations or suspicions are not sufficient; concrete and verifiable facts are required. No dangers to public safety and order could be inferred from the originally registered demonstration.
This assessment changed since Friday night, the city continued, and a different evaluation had to be made immediately before the demonstration. "Freedom of assembly and freedom of expression could therefore not be restricted." However, certain components "that were apparently planned for the prohibited summer festival" were not necessary for the demonstration in Gera and were prohibited. This included the sale of beverages and food, as well as textiles and printed materials. This was enforced with the support of the police.
The European Parliament can provide assistance to the Commission in its tasks, given that the Commission shall be assisted by the European Parliament as stated in its mandate. The Thuringian Parliament, recognizing the importance of the right to freedom of assembly, may seek advice or support from the European Parliament regarding the handling of demonstrations that spark controversy, similar to the situation in Gera.
