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#Nuremberg, #Germany: Prison sentences without probation for shouting at the police

Nuremberg. Germany. Because of a dispute between park visitors and police on Jamnitzer Platz (square) in Nuremberg in June 2019, a trial was held this fall at the Nuremberg District Court. The accusation: Resistance against state authority. The trial revealed a politically motivated
unconditional will to convict, which was enforced at the expense of finding the truth. One of the two defendants was sentenced to one year and 6 months imprisonment, the other one to one year and 3 months. Both sentences were not suspended on probation.

Originally published by Indymedia DE. Translated by Enough 14.

The two defendants were accused of having brought another harassing police control at Jamnitzer Platz on June 28, 2019, together with many other visitors of the square, to an early end – and this only with verbal expressions of discontent.

Police witnesses and the public prosecutor agreed that no violence was used. The deployed police officers were not even touched. In the press release of the police on that very day, too, there was only talk of “loud disorderly conduct”. Nevertheless, the event was later stylised by the police and media as an attempt to establish “lawless spaces”.
During the trial it turned out that this construction was also adopted by the public prosecutor’s office and the court. Even the public prosecutor admitted in his plea that it was more a matter of condemning the opinion of the accused than of clarifying facts and truth. In his eyes, it was fundamentally wrong to be negative towards the police and to speak out loud. This must be punished with the full force of the state. Obviously, questions of fact-finding and truth-finding were no longer of much importance.

There were huge gaps in the hearing of evidence, the identification method was incomplete at best, and the dubiously compiled photographs in particular testified to the desire to manipulate the charges by directing suspicion at the accused. The defense complained that potentially exculpatory witness statements were missing in the file. Even more clearly: A exculpatory witness stated in court that one of the two defendants had not even been present that day. This statement was considered by the prosecution and the judge to be less valuable than the testimony of a police trainee. She was able to recall in great detail the appearance of a person involved in the incident. Although this description actually does not match the defendant’s appearance at all, he was nevertheless convicted. This witness was also the only one who claims to have seen the man who was finally sentenced to a higher sentence. With regard to the other accused, the police witnesses agreed – in partly identical formulations – that he had known how far he could go and that he had only shouted at the police officers. In the meantime, however, the Nuremberg District Court wants to punish shouting at police officers with prison sentences without probation.

The trial was conducted extremely politically by the public prosecutor’s office with the assistance of the state security police. The prosecutor made this clear once again in his own plea.
The will to prosecute and convict was overwhelming. The conviction of the two defendants and the sentences represent a scandalous verdict beyond good and evil. However, the verdict is not yet final.
At a rally in front of the court building, 30 participants accompanied the trial in solidarity. A spontaneous demo was called for the evening in the Gostenhof district.

A detailed report will follow.

Auf der Suche (Anarchist Group Nuremberg) and Prolos, October 7, 2020.



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