OVG decision: Ban on assembly in Cottbus remains in force

Created: 2022-02-11Updated: 2022-02-11, 2:45 p.m

A figure of the blind Justitia.

© Sonja Wurtscheid/dpa/symbol image

For months, thousands of opponents of the Corona measures have kept the police in Cottbus in suspense with unregistered demonstrations.

So she appealed to the judiciary.

Now the higher administrative court has decided - and differently than the lower court.

Cottbus - The two-week ban on unannounced meetings in Cottbus remains in force.

The Berlin-Brandenburg Higher Administrative Court (OVG) confirmed the preventive ban on these demonstrations against the Corona measures by the police, as court spokeswoman Christiane Scheerhorn announced on Friday.

To justify their decision, the judges stated that the police had given sufficient reasons to believe that future unregistered gatherings would lead to massive violations of the Corona requirements.

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After numerous unannounced demonstrations against the Corona policy with thousands of participants, the police generally prohibited these gatherings in Cottbus for the period from January 31 to February 13, 2022 with a general decree.

The ban was particularly related to the calls for the "Cottbus Walk".

According to the announcement, the judges of the Higher Administrative Court explained that the purpose of deliberately failing to register the “Cottbus Walks” was to systematically prevent any cooperation with the assembly authority.

In view of the high risk of infection, a preventive ban is compatible with the freedom of assembly guaranteed in the Basic Law.

Interior Minister Michel Stübgen (CDU) sees the OVG's decision confirming his house's legal opinion.

"Anyone who abides by law and order can demonstrate at any time," emphasized Stübgen.

However, a meeting must be registered and the participants must adhere to the mask requirement until further notice.

"Demonstrations disguised as so-called walks violate the right of assembly and will therefore also be dissolved in the future."

Stübgen thanked the police for their commitment to the demonstrations.

“What sometimes takes place in some places is borderline.

The police are insulted, spat on and attacked.” He understands that many people have had enough of the pandemic.

“But if someone takes their frustration out on police officers and even becomes violent in the process, then there is no more understanding.

Then there will be clear consequences of the rule of law, ”emphasized the minister.

The Cottbus Administrative Court overturned the ban on the police on February 4 in the first instance.

In his opinion, the security authority had not sufficiently justified the fact that there were concrete indications for the assumption that unannounced meetings would take place, which were associated with a serious risk of infection and danger to public safety.

The police had lodged a complaint with the OVG against this decision.

dpa