Court of law - Search inadmissible due to satirical action against the Bundeswehr
The search of a woman's apartment in Berlin following a poster campaign against the German Armed Forces was unreasonable, according to a ruling by the Federal Constitutional Court in Karlsruhe. In the so-called adbusting action, a seriousness of the act that would justify a search was not recognizable, as stated in a decision by the court on 5 December, which was announced on Thursday. Adbusting (made up of the English words ad = advertising and bust = to destroy) involves distorting advertising posters in such a way that their original meaning is altered or ridiculed.
In May 2019, the woman who lodged the complaint with the Federal Constitutional Court was observed by police officers as she and another person opened a display case at a bus stop to take down a Bundeswehr advertising poster and replace it with a similar but distorted poster. The officers interrupted the pair in their attempt and the original poster was put up again.
In June 2019, the police discovered more such falsified posters. Following an order from the local court, the woman 's home was searched. The woman lodged an appeal against this, which the district court subsequently dismissed as unfounded.
The woman then lodged a constitutional complaint with Karlsruhe. She felt that her fundamental right to the inviolability of her home had been violated. And she was proved right: the search was not proportionate, "as the severity of the intrusion is disproportionate to the purpose pursued", according to the court's reasoning. According to the court, the lack of seriousness of the offenses and the low probability of finding the hoped-for evidence and its subordinate importance for the criminal proceedings spoke against the reasonableness of the search.
Press release of the Federal Constitutional Court
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- The ruling by the Federal Constitutional Court in Karlsruhe also highlighted the importance of upholding fundamental rights, such as the inviolability of one's home, even in the context of investigations related to criminality like satirical actions against the federal armed forces.
- The ruling against the search of the woman's apartment in Berlin sets a precedent, potentially influencing future searches conducted by the federal armed forces or other law enforcement agencies in similar situations.
- The Federal Constitutional Court's judgments often serve as a milestone in the pursuit of justice, ensuring that the principles of proportionality and individual rights are upheld in Germany's legal system.
- The search for evidence related to criminality, including cases of satire and dissent, must always be justified and proportionate, reaffirming the court's commitment to safeguarding civil liberties while promoting accountability in Berlin, Karlsruhe, and throughout the country.
Source: www.stern.de
