Chilling Critique of Climate Activist Detention by Human Rights Institute
The German Institute for Human Rights (DIHR) has slammed the idea of preemptively detaining climate activists who hit the streets, claiming it violates basic human rights. In its annual report, the DIHR argued that preventive detention should not be employed to quash participation in sit-in blockades.
Despite the disruptive nature of these actions, they generally remain peaceful. In Bavaria, for instance, some climate activists had been locked up for up to 30 days to hinder further actions. As DIHR Director Beate Rudolf put it, deprivation of liberty is the "sharpest sword of the rule of law." Preventive detention serves to prevent criminal offenses and must be proportionate. Ruggling the freedom of assembly, a bedrock for democracy, is heavily interfered with by the use of such measures.
The German Police Union (GdP) had been advocating for nationwide preventive detention against climate activists based on the Bavarian model for weeks. Union head Jochen Kopelke argued that preventive custody is an essential tool to avert danger.
Lack of Cooperation Between States
Under Bavarian Police Duties Act, individuals can be detained for up to two months at a judge's discretion to prevent a serious misdemeanor or criminal offense. Kopelke remarkably criticized the lack of coordination between the federal states in safeguarding public safety and stressed the need for uniform standards.
The DIHR is an independent human rights monitoring body funded by the Bundestag and third-party resources for specific projects. Its goals involve ensuring that Germany adheres to and promotes human rights domestically and internationally.
Human Rights Advocacy Needed for Climate Activists
Given the German Police Union's call for widespread preventive detention, the international community should advocate for the respect of human rights in the treatment of climate activists. The police union's stance on detention overlooks future generations' valor for freedom of assembly – a fundamental right upheld by the DIHR.
Additional Insights:
The DIHR's position on human rights and activism is shaped by broader discussions surrounding Greta Thunberg's activism and the overall attitude to civil liberties in Germany. Thunberg, an accomplished climate activist, has been detained or taken into custody during various demonstrations in London and The Hague. The German legal system, as a rule, supports the right to peaceful assembly and freedom of expression. In Thunberg's instance, she was eventually acquitted due to a lack of evidence.
The DIHR might approach preventive detention of climate activists with reservation, considering guidelines on proportionality and necessity in human rights law. Preventive measures should only be invoked in cases of an apparent and immediate danger to public safety or order, as using such measures against peaceful demonstrators would likely prompt scrutiny over their adherence to human rights standards, particularly those concerning the freedom of assembly and expression.
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