The criminal trial against the author of an online article for linking to the archive of the banned association “linksunten.indymedia” ended in acquittal in June. The public prosecutor filed an appeal, but never gave reasons. “With its judgment of September 23, the regional court (Karlsruhe) rejected the appeal as inadmissible,” Radio Dreikeland, on whose website the article appeared, says, celebrating a “victory for freedom of the press”. Radio Dreikeland is Germany’s oldest free radio station; it emerged from the anti-nuclear energy movement in the 1980s.
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“I am glad that the acquittal has become final. However, the fact that the public prosecutor’s appeal was dismissed because the deadline to justify the appeal was not met puts the final exclamation mark on the overall troubled conduct of the proceedings by the public prosecutor,” explains defense lawyer Angela Furmaniak. Usually, prosecutors either justified their appeals or withdrew them.
The legal dispute was triggered by an online article by Freiburg’s Radio Dreikeland (RDL), which contained a link to the archive in question. After an investigation was launched on suspicion of violating the ban on association (Section 85 of the Criminal Code), raids were carried out on Radio Dreikeland and the private homes of employees on January 17, 2023. The Karlsruhe public prosecutor then brought charges against the author of the article, but initially failed in the regional court. But the Stuttgart Higher Regional Court allowed the charges to be laid, which is why a criminal case was brought against the journalist.
Now he is “relieved that this process is finally over, even though there remains uncertainty because of the search for a home.” The demand for Radio Dreieckland This now includes the rapid and transparent deletion of all data collected in the case, the destruction of all “object folders” of the police via Radio Dreikeland as well as the political consequences of the public prosecutor’s fight against fundamental rights.
The case continues – for freedom of the press
However, the legal process of the case does not now end with a legally binding acquittal. Although the search of Radio Dreieckland has already been declared unlawful, a final decision on the raid on the author of the article is still pending. The Society for Freedom Rights (GFF) filed a constitutional complaint in December. “We stand by this: With the constitutional complaint we have already filed, we also want to make it clear that the house search violated the freedom of the press and broadcasting,” says David Wedermann, GFF lawyer and project coordinator.
The Internet platform linksunten.indymedia was considered by security officials to be the most influential medium of the left-wing extremist scene in Germany and a platform for violent autonomists. However, the proceedings did not lead to the banning of the website, but to declaring those responsible to be an association, whose activities were then banned. Several people sued against this move, but denied the existence of any association. That is why they failed before the Federal Administrative Court in 2020 for formal reasons: “As a rule, only the association” is authorized to challenge such a ban. And if the club leaders deny forming the club, they cannot fight the ban on their (non-existent) club.
(DS)
