Last Gen's Legal Woes: Court Greenlights Raid-Related Proceedings
Six months following a series of comprehensive searches at Last Gen, a Munich-based environmental activist group, the Munich I Regional Court has largely validated the raid, dismissing most complaints against it. The State Protection Chamber, in a recent announcement on Thursday, declared ten complaints baseless, while partially upholding one.
The decision upholds the original ruling of the Munich district court, which established an initial suspicion of the group's involvement in a criminal organization. The State Protection Chamber acknowledged that Last Gen was, in essence, an association, comprising several hundred people with a shared objective. Moreover, the group had the intent to commit crimes, as per the court. Although the main motive behind the association was not the driving force for the raid's legality, any form of coercion or damage to property constitutes a part of Last Gen's reputation.
Significant Threat to Public Safety: The Bald Truth
The State Protection Chamber deemed the activities a "substantial threat to public safety." By compromising social discourse through unlawful means, the group violated fundamental principles, necessitating the warranted proportionality of the searches. While upholding an appeal, the court conceded that certain items need not have been confiscated.
Legally Binding Decision
The decisions of the State Protection Chamber are immune to further legal proceedings within the conventional courts, making the ruling officially binding. The Munich Public Prosecutor General's Office is currently investigating numerous members of Last Gen, stemming from the May raid.
The raid, which comprised the simultaneous search of 15 residences and business premises in seven different federal states, stirred substantial criticism. Critics argued that the force employed during the raid was unwarranted, despite the court's affirmation of the legality of the raid based on Last Gen's potential criminal association and the threats posed to public safety.
Extreme Measures for Unconventional Activism
The Human Rights Watch reported that authorities indicted Last Gen on charges typically attributed to serious organized crime, in retaliation to their disruptive protests[1]. Although the details of these charges remain undisclosed, it is likely that they involve accusations of disturbing public order, property damage, or other severe offenses.
Despite the widespread criticism, the Regional Court in Upper Bavaria deemed Last Gen's activities and associations as representing a potential criminal organization due to their intention to commit crimes against road users and property. While climate activism itself is a legitimate cause, the actions of Last Gen had crossed the line into criminal territory, providing justification for the raid and subsequent investigation.
[1] Human Rights Watch: "[Germany]: Climate Protests Followed by Indictments, Harassment and Raids" on October 27, 2020
