Arrest warrant against Andrej H. overturned. Lawyers demand an end to the §129a proceedings

Coalition for the Immediate End to the § 129a Proceedings
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Press Release


Berlin, 25th October 2007

Arrest warrant against Andrej H. overturned
Lawyers demand an end to the §129a proceedings

Yesterday the German Federal Court announced its decision in the case of Berlin-based Andrej H. The Court has decided that at no point there was any immediate suspicion that would have necessitated his detainment. The arrest warrant against the activist and researcher was unlawful from the beginning and has thus been overturned.

“We welcome this decision. Particularly because with this decision the Federal Court confirms that the conclusions of the Federal Prosecution were purely speculative and exaggerated,” Christina Clemm, Andrej’s legal representative said. “The various violations of my client’s basic rights that have occurred in the last months are therefore unlawful. The next step is to close the case.”

The Federal Court did not address the question of whether the „militant group“ (mg) should be considered a terrorist organisation. "The Court has not taken the fundamental decision we expected. At the same time, the decision they did take has massive consequences for the other individuals still in custody,” Ulrich von Klinggraeff, the legal representative of Florian F. stated. “The criticism of the Federal Prosecution is now stronger; the proceedings are based on speculation and construction. We also think that there is no immediate suspicion of the other three with respect to §129a. Therefore the arrest warrant against them must also be revoked. The defence still expects the Federal Court to take a decision as to whether the „mg“ can be considered a terrorist organisation or not.”

Since yesterday witnesses to the case are being questioned. At least 19 friends and acquaintances have received court orders. Alain Mundt, legal consultant to the witnesses said: “These questionings are an attempt to find out more information about the personal and professional lives of the accused.“ Furthermore, the Federal Prosecution is looking for new contact persons. The witnesses have been asked about their personal lives, for example about their educational background. “Obviously it’s unclear to the Federal Prosecution what they are looking for.”

Wolfgang Kaleck, spokesperson of the Republican Lawyers Association (RAV) and a defence lawyer in the case, commented on the basic procedures of such 129a charges in recent years, “After 9/11 the voices against the paragraph 129a legislation became quieter. The last year has shown that this legislation continues to be used against social movements and particular types of militant protest. That is why it is important to continue to work towards its abolition.”