Climate activists of the Last Generation blocked Frankenstraße in Regensburg on June 7, 2022. © Michael Bothner
The Regensburg District Court sentenced seven climate activists to fines for a blockade last summer. The judge shows understanding, but warns clearly.
Regensburg - A fine of 40 daily rates between 15 and 40 euros for joint coercion for all defendants. A certain understanding and a clear warning. This is how the trial against seven climate activists ends before the Regensburg District Court.
On June 7, 2022, they had sat down on Frankenstraße, a main access road for Regensburg, as well as a motorway feeder road, partially glued down, causing a traffic jam of at least an hour.
Verdict in the "climate glue" trial: Prosecutors wanted suspended sentences
With her verdict, Judge Andrea Costa remains well below the demand of the public prosecutor's office. This had demanded suspended sentences of between three and four months for the "climate glue".
So far, the defendants have no entries in the Federal Central Register, Costa explains her decision. "That's their great luck." Otherwise, prison sentences would have been imposed, she makes clear. And here – in the absence of a positive prognosis – there would have been no probation. After all, the defendants had announced several times that they would not abandon this form of protest.
Verdict in the "climate glue" trial: Court understands motives, but criticizes the remedy
The court shows understanding for the motives of the activists. Climate change can easily be seen as a danger to life and limb. Requests for evidence to prove this had been rejected by Judge Costa. This danger and its drama are "obvious".
However, climate change is not an emergency that justifies such blockade/sticking actions within the meaning of §34 of the German Criminal Code. There are milder means to achieve the goal of attention and action on the part of politicians.
Costa mentions, among other things, freedom of assembly, the right to demonstrate, freedom of petition, freedom of expression, the right to engage in politics and to found one's own party.
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Verdict in the "climate glue" trial: Court classifies traffic blockade as coercion
It is also questionable whether traffic blockades are at all conducive to the proclaimed goal. The interrogation of the affected motorists here in the courtroom had shown that they consistently rejected the means of blockade. "They're sure to attract attention. But more for your actions than for the issue of climate change," Costa is convinced.
The judge refers to a landmark decision of the Federal Constitutional Court of 11 November 1986, according to which civil disobedience in the form of traffic blockades is inadmissible in particular if the rights of third parties – the motorists concerned – are encroached upon, "who in turn are used as an instrument to enforce public attention in violation of their right to self-determination".
Therefore, the blockade of the Frankenstraße is to be regarded as punishable coercion.
Court warns "climate glue": "It will not only be tight for the climate, but also for you"
"I'm not so naïve as to think that this will deter you from taking further action," says Costa, referring to the fines imposed. She also assumes that the defendants themselves "don't care" about suspended sentences.
With a view to a recent decision by the Bavarian Supreme Regional Court (BayObLG), which as a higher court classifies these traffic blockades as punishable coercion, Costa also says: "It will not only be tight for the climate, but also for you." At least in Bavaria.
"I would like you to get away from this course," Costa says in the direction of the defendants. Actually, she doesn't see them in prison. She has come to know them as polite, reflective and intelligent people. But if they continue to act in this way, then this – a prison sentence – will sooner or later be the case.
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