Press release of the lawyers (2/8/07) / Statement of three of the accused (12/8/07)


1. Press release of the lawyers in the current §129 a proceedings (”militant group (mg)”), 2nd of August 2007


2. Statement of three of the accused in one of the § 129a proceedings against the militant group (mg)

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1. 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 Judge in charge of investigation at the Federal Court released warrants against the three arrested persons in Brandenburg and against the arrested person in Berlin.
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.
Haus der Demokratie und Menschenrechte
Greifswalder Straße 4
10405 Berlin

(Quelle:
http://soli.blogsport.de/2007/08/02/press-release-of-the-lawyers/
; 12.08.2007)

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2. Statement of three of the accused in one of the § 129a proceedings against the militant group (mg)

Three of the accused, 12.08.2007

On the morning of July 31, 2007, our apartments were searched by officers of the Federal Criminal Police (BKA) at the directive of the Federal Prosecutor (Bundesanwaltschaft). The charge put forth is membership in a terrorist association, the so-called militant group, on the basis of to § 129a StGB.
Only through this incident did we learn that the authorities have been investigating us for almost a year. These preliminary proceedings have allowed the Federal Office of Criminal Investigation (BKA) and other federal agencies to surveil and invade our private sphere all the way into its most intimate realms. Our partners, friends, families and colleagues have all been affected by these surveillance measures. Our longtime friend and colleague Andrej H. has been arrested. The father of three children has since been detained in preterial confinement in Berlin-Moabit.
The Federal Prosecutor (BAW) justifies these massive attacks on our civil liberties in the arrest warrant with an array of outrageous constructs.
We gather the following allegations against us from the few documents available to us as yet:
* Two of us are said to have authored scholarly publications allegedly containing »key words and phrases that have also been used in writings of the ›militant group(s)‹«. The BAW also attests that we possess the »intellectual capabilities« required for composing the mg statements claiming responsibility for their attacks. Furthermore, the BAW claims that we have access to libraries which we can use for research. Andrej is also said to have been involved in organizing protests against the G8 summit, concentrating on topics that the mg, too, has used as rationale for their attacks.
* One of us is also accused of having authored a journalistic article about a public conference where speakers discussed a 1972 militant attack. The mg allegedly also wrote about this attack some months earlier. This provides evidence, according to the BAW, that the author is a member of the mg.
* In two cases, the BAW accuses us of having contacts with individuals who are suspects in another – so far inconclusive – criminal investigation against the mg. Both contacts are primarily job-related. Furthermore, all of us are charged with »having multiple contacts to the extreme left-wing scene in Berlin«. It is not mentioned that we also maintain countless contacts to political parties, community organizations, trade unions and social movements.
What we conclude from these charges:
Any scholar or journalist who writes on specific topics and uses libraries arouses suspicion. Anyone who has contacts to people deemed suspicious by the BAW may become a suspect herself. Anyone who seeks to protect his/her right to privacy and anonymity may also become a suspect. In case all three moments of suspicion converge, it must be — in this logic — a terrorist association.
Notwithstanding the absurdity of all this, the consequences for our everyday life have been devastating: For a year now, our phone conversations have been listened to, our emails surveilled, our internet use monitored, our flats have been kept under surveillance, and all our moves have been followed by means of mobile phone data. Possibly undercover informants have been spying on us. Partners, friends, colleagues and family members have also become targets of the investigations. Right now, we cannot surmise the extent of this spying operation.
While we are still at large, our friend and colleague Andrej H. is detained on the basis of the same allegations. He is held under very strict conditions in solitary confinement, he can see his family only for an hour every two weeks, and communication with visitors is allowed only through separation panes.
In Germany, this form of investigation of particular political attitudes has a long and dark history. As former citizens of the German Democratic Republic (GDR) we are particularly sensitized to this.
We demand the immediate suspension of the § 129a proceedings, the return and deletion of all the data gathered on us, and the release of all the indicted from jail, including the three accused of attempted arson. In accordance with the rule of law they should not even be in pre-trial confinement, as there is no danger of their fleeing. Their arrest became possible only via the dubious construct of »forming a terrorist alliance«.
The whole proceedings are an utter scandal. They make very clear that the investigation paragraph 129a needs to be abolished.
For the accused in this proceeding:

RA Wolfgang Kaleck
Immanuelkirchstr. 3-4
10405 Berlin – Prenzlauer Berg
fon: +49-(0)30-44679218

Three of the accused, 12.08.2007

(Quelle:
http://einstellung.so36.net/en/pm/16
)