From BZ/dpa
Is the “Last Generation” now a criminal organization? While the Brandenburg judiciary is investigating an initial suspicion, the climate stickers in Berlin were not classified as criminal. According to a report, there was “leeway” in this assessment.
The question cannot be “clearly answered,” according to the Berlin authority’s internal “audit note” dated July 11th. Rather, the public prosecutor’s office has an “original scope of assessment”. However, the decisions in other cities such as Potsdam and Munich would not have any “compelling effects” on Berlin for a corresponding initial suspicion.
Justice Senator Felor Badenberg (independent) initiated the audit in her house because of decisions in neighboring Brandenburg. There, the Potsdam regional court saw initial suspicion that the group could be a criminal organization.
The report was initially kept secret
The Senate Judiciary Administration initially kept the test results secret. After several attempts, the FDP managed to obtain the 30-page result by citing the Freedom of Information Act.
The senator’s lawyers wrote in July that the question of criminal organization “depends largely on whether the crimes committed or planned by the organization pose a significant threat to public safety.” This could definitely be assessed differently in Berlin than in Bavaria and Brandenburg; it is “legally justifiable” because of the different circumstances.
At the same time, the Berlin lawyers criticized their colleagues: “However, the decision of the Potsdam Regional Court does not appear convincing due to the lack of a recognizable examination of the facts and the lack of depth of justification.” The decision from Munich, on the other hand, appears to be justifiable despite reservations. Therefore, there are “concrete indications” for some features of the suspicion, while others are more likely to be doubtful.
Do climate stickers aim at criminal offenses or political effects?
It is clear that the Last Generation is an “association”. However, it is “questionable” whether the association is aimed at committing serious crimes. The group’s main goal is “namely a radical change in German climate policy,” it says in the test text. This contradicts the classification as a criminal organization. On the other hand, the “conscious violation of the law by committing crimes (…) is used in a targeted manner”.
However, whether these crimes are “significant” enough to pose a “threat to public safety” does not appear to be compelling. Although there are no attacks on oil pipelines in Berlin, numerous blockades with sand-glue mixtures and damaged roads have “increased criminal significance”. Nevertheless, it is “not yet” necessary to recognize the significance of the crimes necessary for suspicion.
Sharp criticism from the FDP
The Berlin FDP General Secretary Lars Lindemann criticized that the Senate Department of Justice “apparently lacks any will (…) to classify the last generation as a criminal organization and thus to take more effective action against criminal activities”. The audit note shows that it would be entirely possible to reach a different conclusion and bring corresponding charges through the public prosecutor’s office. Then judges could decide.
With its stance, the Senate is “formally inviting the group to further blockades,” said Lindemann. “So the question of possible membership in a criminal organization cannot even be examined in court; the Senator for Justice already knows better without an independent judge.”