Press release of the lawyers in the current §129 a proceedings (”militant group (mg)”), 2nd of August 2007
§129a-Arrests: extraordinarily legislation
In a since 2006 from the federal state prosecutor investigated proceedings because of membership of a terrorist association after § 129a Abs. 2 Nr. 2 StGB, three of us defended accused persons were arrested in the night of 30./ 31.07.07. They are accused of trying to put on fire at least three lorries of the army at the site of the company MAN in Brandenburg. The three accused persons were observed in these night by the police. At 31.07.2007 housesearches took place at the homes of four other accused persons living in Berlin and one other person got arrested.
The current proceedings, especially the motivation for the warrants, show again how the law enforcement agencies in Germany use the anti-terror-laws against certain suspected persons, namely: totally disproportionate and without any constitutional scruple. For the current case: in normal constitutional court proceedings the suspected persons should be accused with attempted arson after §306 StGB. The not being punished before and living in normal social conditions suspected persons would not be put into custody because there is no reason to assume flight. It is wrong to declare attempted arson of three cars without endangering any persons, as terrorism. After all even the broadly defined paragraph 129 a (membership of a terrorist association) requires that the offences are meant to “damage a state or international organisation considerabilly through their nature or their effects”.
The defending lawyers are above all outrageous for the in the warrants argued assumption that the 7 suspected persons acted in a terrorist association.
Concerning one of the three in Brandensurg arrested persons, it says that although “there is no knowledge available by the police”, “this does not speak against the assumption of a possible suspicion of a membership in a terrorist association”. “Out of the writings of the mg it can be concluded that this fits in their expectations of their members”. How arbitrarily this motivation is, is been shown that another suspected person did not get findings out of preliminary proceedings. The investigative agencies assume because of observations that there has been contact between one of the arrested persons in Brandenburg and the arrested person in Berlin. The only two meetings between them is asumed to be agreed upon conspiratively. The authorities do not know about what the meetings in februar and april 2007 were about. Anyway they conclude out of these alleged meetings:
“These conspirative behaviour between H and L can only be explained that L is also a part of the terrorist association “mg” and that the conspiratively agreed upon meetings are in relation to this”.
These two conspiratively meetings are in the argumentation of the federal Prosecutor in Karlsruhe not only constitutationally for the charges of terrorism, but also the only relationship between the arrsted persons in Brandenburg and the 4 other suspected persons in Berlin. The moments of suspicion against the 4 others in Berlin are hardly to be beaten in absurdity. It says amog others:
-”one of the social scientifically… 1998 in the magazin… published scientifical article contains Phrases and words, which are also used in texts of the “mg”. The frequency of the correspondence is conspicious and can’t be explained through thematic correspondences.”
-”As promovated Political scientist he is intellectually able to write the tecnically difficult texts the “mg” is writing and he has got the access to libraries which he can use unconspicouisly to make the needed investigations for the mg”.
- “For a membership in the “mg” speaks further, that … in june 2005 in the magazine… in an article of the in 1972 failed attack of the terrorist association “RZ”, in which a caretake died, reported and that this same attack has been mentioned in an article of the “mg” in spring 2005.
-As a doctoratescholarship he has the intellectuall and technical possibilities which are needed for the technical difficult texts of the “mg”.
As futher indication are the plural contacts to the left-extreme Szene of Berlin. One of the in Brandenburg arrested persons hass been accused of growing up in Berlin-Reinickendorf until 1992 and therefore he has to have good knowledges of this area which were needed for the attacks the “mg” has succeeded in Reinickendorf and Wedding.
The charges of Terrorisms against the 7 accused persons in this new 129A proceedings are speculatively and not tenable. The arrests against the four are a scandal. The way the federal prosecutor proceeds proves again how German criminal enforcement agencies use the anti-terror-laws in a disproportionate and legally not tenable way against unpopular suspects
Republikanischer Anwältinnen- und Anwälteverein e. V.
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