[Gipfelsoli Newsletter] Heiligendamm

[International Newsletter]

- Repression against the radical left G8 mobilisation
- We are all 129a!
- Press release of the lawyers in the current §129 a proceedings
- Berlin: Manifestation in support of those arrested under 129a
- Action Map of the G8 protests

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Repression against the radical left G8 mobilisation

As of May 2007 there have been several raids following 4 investigative
procedures based on paragraph 129a in Hamburg, Berlin, Bremen, Strausberg and
Bad Oldesloe:

* On 9 May based on allegations of "forming a terrorist organisation for the
purposes of stopping the G8 summit" (under various group names, 18 persons) as
well as "membership in a terrorist organisation (militante gruppe, 3 persons,
based on attacks which took place since 2001).

* On 13 June-19 July based on allegations of "forming a terrorist organisation
(under several group names, e.g. AK Origami). The allegations focus on arson
attacks on vehicles belonging to the military and to a company involved in arms
manufacturing in in Glinde (2002), Bad Oldesloe and Berlin (2004 and 2006).

* On 31 July based on allegations of "forming a terrorist organisation"
(militante gruppe, 4 persons arrested, 3 others searched).

The federal criminal bureau explained several times to the press that the
following house searches had neither anything to do with the raids on 9 May nor
with the anti-G8 movement. However, as previous experience in 129-related
investigations and trials has shown, search warrants can be obtained based on
construed "research findings". This allows the authorities to gather additional
information on the radical left movement. In this way, these "findings"
contribute to investigative procedures in respect to future attacks; "facts"
which are supposedly "linked" with G8. Only 2% 129 cases lead to conviction.
The investigative files on the 9 May raids alone add up to about 80,000 pages,
about 200 notebooks. Apart from the raids, dozens of phone-tapping permits have
been issued, as well as bugging cars and meetings. A witness who supposedly
identified a "suspicious person" after the arson attack on Thoas Straubhaar's
car turned 80 photos in to the federal criminal bureau.

Some of the persons concerned are accused of initiating a "militant group"
against the G8 2007. These allegations are based on telephone conversations
where members of the "Global Agriculture" working group spoke of "stepping up"
the campaign. The accused became suspects after visiting the web sites of the
companies they are criticising or having spoken on the phone about the
locations of the companies. This campaign would necesitate IT experts who
specialise in setting up mailing lists, servers and managing web sites.
A large part of the files consist of analyse of "self-incriminating writings."
This entails comparing how sentences are formulated, punctuation, grammatical
errors such as "weakness in the genitive case," or whether letters are
capitalized. Additional factors looked at are where the date is placed (right
or left of the page), written without or without zeros, use of words such as
"imperialism" or "precarity", references made by the author to particular
campaigns and left groups, whether the spelling is "dissent!", "dissent" or
"Dissent" (G8 or G-8) etc. Comparisons are also made between texts for similar
expressions such as "raking in the money", "IWF", etc.
After every analysis a profile is drafted of potential authors of the text: city
of origin, political affiliations, educational background, and position of the
author within their political spectrum. Some of the texts are subsequently
attributed to specific persons.

Data is compiled on the accused house mates, with whom s/he has phoned, phone
and internet service providers, at which demonstrations the accused was
detained, or which collaborative projects the person is working on.
Much of the data is not intended for exclusive use in the investigation of a
particular case. On the contrary, it appears that inquiries for further
information collection regardless of context were placed by the BKA at the
Federal Office for the Protection of the Constitution (Verfassungsschutz),
political "crime unit" of the BKA. In any case, the circumstances clearly
indicate that the authorities have probed extensive information on the radical
left and anti-G8 movements since the beginning. Surveillance permits for the
radio cells in and around Mehringhof and the HWP high school were requested for
at least the first two "dissent!" network meetings in Hamburg and Berlin, both
of which were attended 250 persons. In this vein, the authorities probably have
logged every mobile phone which registered with the local network there. The
presence of informants at the meeting itself also comes as no surprise.
The investigations based on the raids of 9 May are founded on shaky constructs.
No stone is left unturned in a desperate attempt to attribute an interest in
militant attacks to some of the persons accused. Even association with the
persons in question is grounds for suspicion! This proves again that we are all
129a!

* Solidarity group based on 31 July raids: http://soli.blogsport.de
* Solidarity group based on 13-19. June raids: http://soligruppe.blogsport.de
und http://soligruppenord.blogsport.de
* All court case informaiton can be found at:
http://gipfelsoli.org/Repression/129a

[Gipfelsoli Info Group]


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We are all 129a!

Four German activists have been arrested on suspicion of being members or
supporters of an alleged 'terrorist organisation' [lawyers' press release |
de]. The German federal police suspect that Militante Gruppe (MG or Militant
Group) was behind several arson attacks against police and army vehicles since
the group surfaced in 2001 [Federal Prosecution's press release]. The direct
actions are said to have included an attack on German federal police vehicles
to protest against their involvement in immigration deportations and another in
response to the G8 raids earlier this year. If found guilty, the four could face
up to 10 years in prison. Another three men have been accused but not arrested.

Since May 2007, there have been several raids as a result of four preliminary
investigations in Berlin, Hamburg, Strausberg and Bad Oldesloe, using Section
129a of the German Criminal Code, which prohibits "the founding of, membership
in or support of a terrorist organisation" [background in de | special issue of
the German Law Journal (pdf in en)]. Section 129a investigations are typically
used by the federal police to gather information about activists and
protesters, as well as to intimidate them. Only 2% of all Section 129a
investigations have ever resulted in convictions.
A number of solidarity actions have already taken place, including a demo in
Berlin last Wednesday (August 1st) and another at the prison where the four are
held on Sunday (August 5th). A Germany-wide protest against police repression is
planned for September 15th [call], while many solidarity protests and actions
are expected throughout the world.
For more information, check this new solidarity blog [en] and Indymedia Germany.
Terrorists!
Following a year-long Section 129a investigation, three activists were arrested
on 30-31 July, 2007, while allegedly attempting to set fire to four army trucks
on a MAN AG site in Brandenburg. The three, identified as Florian L. and Oliver
R., both 35, and 46-year-old Axel H., are now charged with "belonging to a
terrorist organisation", Militante Gruppe, as well as an attempted arson
attack. On July 31st, police searched the homes of four other suspects living
in Berlin and one of them, Andrej H., 36, was arrested on suspicion of
"supporting MG".
The lawyers acting on behalf of the seven said in a statement, "The charges of
terrorism against the 7 people accused in this new 129a case are speculative
and not tenable. The arrests of the four are a scandal."
"The current proceedings, especially the motivation of the warrants, show once
again how the law enforcement agencies in Germany use anti-terror laws against
certain suspicious people, in total disproportion and without any
constitutional scruple."
In normal constitutional court proceedings, the three Brandenburg suspects would
have been charged with attempted arson under Section 306 of the Criminal Code
and not remanded in custody. Declaring attempted arson of three vehicles
without endangering anyone as terrorism obviously has political motivations.
Even the broadly defined Section 129a (membership of a terrorist organisation)
requires that the acts are meant to "damage a state or international body
considerably through their nature or their effects."
Prior to the G8 summit in Heiligendamm in June 2007, the Federal Prosecutor had
investigated several MG members and searched their houses, using Section 129a,
but found no evidence to use against them. The raids then sparked a wave or
protests worldwide and were even condemned by many mainstream human and civil
rights organisations.
Section 129a was originally added to the Criminal Code in response to the
actions of the Red Army Faction (RAF, also known as the Baader-Meinhof Group)
in the 1970s. Its main purpose is to "protect public safety and the order of
the state" by declaring the planning stage as part of the "illegal activity".
Pens and guns
According to the Federal Prosecution itself, police have no sufficient knowledge
about the three Brandensurg arrestees. This, however, "does not go against the
assumption of a possible suspicion of membership in a terrorist organisation."
>From the writings of the MG, they concluded, "it can be concluded that this
fits the expectations from their members."
The arbitrariness of the arrests can be seen more clearly in the case of the
fourth arrestee, Andrej H. Police have assumed a link based merely on
observations that there has been a contact between him and one of the
Brandenburg suspects. Further, the only two meetings between them are supposed
to have taken place "conspiratorially". Police do not know anything about what
the meetings in February and April 2007 were about. Yet, they have concluded
that the "conspiratorial behaviour between H and L can only be explained that L
is also part of the terrorist organisation MG" and that "the conspiratorially
agreed-upon meetings are related to this" (the organisation). One of the
'conspiratorial things' apparently was that Andrej had forgotten his mobile
phone at home.
Andrej H., a sociologist whose work focused on gentrification, tenants' rights
and social cuts, is also supposed to have published an academic article in
1998, in which he used phrases and words that can be found in MG texts. "The
frequency of the correspondence is conspicuous and cannot be explained by
thematic correspondences," they concluded. "As a political scientist," they
added, he is "intellectually capable of writing the technically difficult texts
that MG uses". What's more, he "has access to libraries which he can use
inconspicuously to make the needed investigations for the MG."
Andrej is also known as a political activist who has participated in many local
and international events, including recently the G8 Independent Media Centre in
Rostock. In his arrest warrant, it was mentioned that he was involved in
"staging the left-wing protests against the G8" (in Germany, June 2007). We are
all 129a!

At a solidarity demo in the city of Fulda on August 4th, the 400 or so
participants, mostly from the Attac Summer Academy, were chanting throughout
such slogans as "We are all 129a" and "we are all terrorists". Around 40 of
them then 'reported themselves' to the police officer in charge since they
carried the same reasons for suspicion that were brought up against Andrej. In
a "self-incrimination under 129a", they declared that

* they, too, fulfill the intellectual and material prerequisites of composing a
responsibility claim;
* they, too, have access to libraries needed for the respective research, which
they can use without attracting any attention;
* they, too, published texts which contain phrases used also in the texts of
Militante Gruppe.

[http://www.indymedia.org/en/2007/08/890501.shtml]


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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

[http://soli.blogsport.de/2007/08/02/press-release-of-the-lawyers/]


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Berlin: Manifestation in support of those arrested under 129a

Different groups had called for a spontaneous manifestation at the prison in
Moabit, where the four prisoners Axel, Florian, Oliver und Andrej arrested at
the 31st of July are hold in custody. They are accused of being members of the
"militante gruppe".
Around 200-250 people came to show their solidarity with the prisoners. The
content of the manifestation was oriented on the good call to the manifestation
that you can find here (http://de.indymedia.org/2007/08/189826.shtml)
According to the police a planned action that has been prevented by the police
had lead to the arrests of the four comrades. Especially if one considers the
scheduled continuation of the deployment of the german army Bundeswehr to
Afghanistan, to be decided by parliament in September, a successful sabotage of
arms production and concretely of Bundeswehr-trucks would have been a nice
rising-to-speak of the radical left.

Among the various statements at the manifestation were those of the Initiative
Zukunft Bethanien [a local initiative against anti-social restructuring of the
city and for the squatted social centre Bethanien], the tenants-initiative
Mieterladen Kreuzigerstraße, the network of political prisoners,
Mediaspree-versenken [also aimed against gentrification] and of TAYAT.
Meanwhile declarations of solidarity came from the International Communists
Berlin, Ulla Jelpke (left party) and the scientific board of ATTAC. Numerous
banners were brought to express solidarity and demand freedom for all political
prisoners.
In parts the preventive controls of the police were quiet sharp, not only
looking into bags but touching all persons that had not found their way around
the cops.
Another possibility to show solidarity with the anti-militarists imprisoned will
be the demonstration against the extension of the deployment of the Bundeswehr
to Afghanistan at the 15th of September 2007, starting at 12 at the Rotes
Rathaus [Alexanderplatz] in Berlin. There will be a radical left block on this
demonstration, as there will be one the following week on the demo against the
Schäuble [minister of interior] surveillance-state.

Website in support of the 4 prisoners and the 3 accused:
"http://soli.blogsport.de":http://soli.blogsport.de/


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Action Map of the G8 protests

Media G8way | Gipfelsoli Infogroup
Press Release for Immediate Release Thursday, August 9th 2007

* Mapping the history of the G8 resistance

Anti G8 protesters from Germany and abroad have released an "Action Map" of the
protests and actions against the G8 that took place in Germany at the beginning
of June this year.
Different groups have been adding to the map that collates the massive and
diverse protests, direct actions, blockades and other events that took place
during the week of action against the G8 and the politics they represent. The
map contains different icons that indicate where and what kind of action
occured. The individual icons are linked to texts, films or pictures about the
actions.

Previously unpublicised actions include a direct action against the
multinational corporation Caterpillar, clowns actions and numerous barricades
such as the sealing off of one access road to Heiligendamm with fast drying
cement.
"There was so much happening that week, and many events went almost unnoticed",
Hanne Jobst from the Gipfelsoli Infogroup explained, "many of the actions were
at no point reported or commented on by the authorities or the companies
affected."
The map is also a contribution to future mass protests like the Anti-G8
mobilization in Japan next year, or the year after in Italy. "People can see
how the interplay between mass and direct actions worked in and around
Heiligendamm and use this experience to shut down the next G8 summit, the next
WTO meeting or the next nuclear waste transport", Jo Smith of the international
press group Media G8way added.

To view the map: www.gipfelsoli.org/rcms_repos/maps/action.html