From: che guevara (smashnavo@yahoo.com)
Date: 30 Jan 2002 20:53 uur
Voor alle die willen mee naar Muenchen - voor meer
informaties kijk naar :
www.buko24.de/nato.htm
of stuur een mailtje, als je informaties wilt of mee
je eigen auto donderdag avond wilt mee gaan.
Legal advice for the actions against the NATO-Meeting
(from the Red Aid/Legal Aid Team)
Following is a summary of the most important legal
advices, especially for foreign people. For general
information on demonstration behavior and legal
aspects please look for literature in your own
language or contact a local legal aid group. Further
down we provide more information in German
language.Hints for the Arrival:
We suspect that for the time of the NATO-meeting the
Schengen-Contract will be again temporarily abrogated.
This means there will be border controls inside the
European Union at the German borders.
In Germany it is not allowed to carry weapons and
anything that can be used as a weapon as well as
objects that can be used to muffle up on a
demonstration and on the way to a demonstration (i.e.
that starts in your home country!). Weapons can be:
nightstick, tear gas, knives, fireworks, sticks, rivet
bracelets and necklaces. Objects used to muffle up are
balaclavas, but can also be scarves, sunglasses and
hoods.
It is also not allowed to carry “protective weapons”
on a demonstration, such as gas masks, helmets,
protection glasses, protectors for chest/arms/legs.
It is illegal to possess, buy and sell any drugs other
than alcohol and tobacco.
For citizens of the EU: It is better to take your
ID-card than your passport (stamps). If you don’t have
an ID-card, then take your passport.
Non-EU-citizens may need a visa. As soon as possible
ask for further information at the German embassy in
your home country. When asked for the cause of your
journey say “tourism”.
The entry into Germany can be denied, if either the
border police suspects you to commit a crime (e.g.
because you carry some of the illegal objects listed
above) or you are marked as “violent” or dangerous in
their computer. The international police authorities
will presumably exchange their information on
political activists.
If the entry is denied and you enter Germany despite
of that, you commit a crime.
Even after you passed the border there might be police
or border police controls on the way to and in Munich
without any reasons for suspicion (so called “veil
search”)
Police controls
It is your obligation to tell the police your name and
prename, address, date and place of birth, general
description of your occupation (e.g. worker, student)
and your personal status (e.g. married or unmarried).
If you don’t have an ID-card, the police is allowed to
take you to a police station to check your identity.
You have the right to be searched by a police officer
of the same gender.
You do not have to tell the address of your
accommodation in Munich (danger of police raids!).
In case of an arrest
Only tell the police officer your name and prename,
address, date and place of birth, general description
of your occupation (e.g. worker, student) and your
personal status (e.g. married or unmarried). No
testimonies or other statements, no signatures! In
this situation any kind of statement will never help
you, but only causes trouble for you and others!
You have the right to call a person you trust. If
possible, call the legal aid team (EA).
After you have been arrested, the police can keep you
maximal 48 hours in prison. After 48 hours there must
be a hearing in front of a judge.
Normally the police will do an identification
procedure and take photos, your fingerprints, body
measures, any other specifics. Enter your objection to
this procedure. Never agree to a voluntary analysis of
your DNA (saliva sample). The police needs court order
to do that.
If you are accused of a crime, you can be imprisoned
on remand, if a) you are accused of a severe crime, b)
there is danger of escape or c) there is danger of
prejudicing the course of justice. After two weeks
there can be a judicial verification of your
imprisonment.
In Germany there is a possibility to be sentenced in
an accelerated court procedure after one week on
remand. This is only possible with clear evidence
(e.g. a confession) and a maximum possible prison
sentence of one year. In this case it is very
important to contact the legal aid team or any lawyer.
(more information here (in German language))
In Bavaria the police has the right to arrest you and
keep you in prison if the police suspects you of
planning to commit a criminal offence. This is
possible for up to 14 days or the end of the
NATO-Meeting. After 48 hours a judicial decision is
needed. Evidences for the plan to commit an offence
typically are illegal objects such as weapons and
objects to muffle up, but can be also documents with
illegal content, maps with special marks, etc.
After your release from prison: First call the legal
aid team (EA) and tell them you got released!
Demonstrations
USK (Unterstützungskommando = Support squad): Since
the Eighties there exists a special squad for
demonstrations and gatherings in Bavaria. They try to
make “arrests with secure evidence”. The USK acts in
small group with video documentation. They typically
dash into a crowd using their nightsticks, try to
isolate the person they want to arrest and pull
him/her out. The USK has special nightsticks (Tonfa),
that can be used to hit, to stab or to protect
themselves. In this case the best way to protect
ourselves is to keep together.
The use of water cannons as wells as large-area tear
gas application are not common in Munich.
Pepper gas (chemical maze): Two years ago the Bavarian
police started to use pepper gas. It is applied up to
a distance of five meters and causes eye and skin
irritation. (more information here (in German
language)).
In Munich arrests often take place after the end of a
demonstration, sometimes even hours later. Never leave
the demonstration on your own, always stay in groups
and watch out!
Legal aid team (Ermittlungsausschuss EA)
For the time of the actions against the NATO-meeting
in Munich there is a legal aid team (EA). We provide a
telephone service and try to help as soon as possible
if people get arrested, get hurt or have any other
problems with the police. We keep in touch with
progressive lawyers who take care of people that get
arrested if this is necessary.
The phone number of the legal aid team is (0049-89-)
448 96 38. You can reach the legal aid team from
Thursday night (January, 31st 2001) till Sunday night
(February, 3nd 2002).
For any questions send an e-mail to
muenchen@rote-hilfe.de.
More information on legal aid and behavior on
demonstrations here (in German language).
Rote Hilfe e.V.
Schwanthalerstr. 139
D-80339 München
Germany
muenchen@rote-hilfe.de
__________________________________________________
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