this post was submitted on 10 Sep 2023
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[–] Knusper@feddit.de 176 points 1 year ago (7 children)

This is specifically Bavaria. They also recently found out that their vice president has a past as a Nazi and the reaction of their president was essentially "Oh no. Anyway...". So, yeah, if you considered visiting the Oktoberfest, maybe reconsider.

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[–] anarchotoothbrushist@lemmy.ml 171 points 1 year ago

'Innocent until deemed inconvenient.'

[–] TropicalDingdong@lemmy.world 164 points 1 year ago (5 children)
[–] Duke_Nukem_1990@feddit.de 102 points 1 year ago

Bavaria doesn't even pretend to care anymore.

[–] hoshikarakitaridia@sh.itjust.works 92 points 1 year ago (1 children)

Kind of. Iirc it's a very controversial practice and whenever the police pulls it out in a public case it gets protested again (for good reason). Also, even if the practice is legal right now, there's a lot of limitations to it. Obviously it's nudging the ethical boundaries of police work either way.

[–] Anticorp@lemmy.ml 33 points 1 year ago

Maybe they should arrest everyone that might protest against this before they arrest the other people that might protest against climate change. But then people might protest against that too. I guess everyone is under arrest! You're all under arrest. Get in the hole!

[–] stergro@feddit.de 51 points 1 year ago* (last edited 1 year ago) (1 children)

Oly in Bavaria. In every other German State this can only be done for a few days max in extreme situations.

[–] theKalash@feddit.ch 20 points 1 year ago* (last edited 1 year ago) (1 children)

Actually, Bavaria has a 2 month limit. Schleswig-Holstein is the one with no limit.

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[–] alvvayson@lemmy.world 31 points 1 year ago (1 children)

I can't read German, but we have a similar legal system in the Netherlands.

Most likely, these people committed some crime during a previous protest, such as illegally entering private property or vandalism. Often they will get sentences that are conditional.

If there is evidence to believe they are conspiring to commit a similar illegal act, then the conditional part of the sentence gets triggered.

[–] squaresinger@feddit.de 56 points 1 year ago (11 children)

Nope, it's actually only that the police has reason to believe that they might commit a crime.

No need for them to be prior offenders or anything. The police can arrest anyone at any time if they believe you might commit a crime. And even comparatively minor things like blocking traffic counts.

[–] Admetus@sopuli.xyz 23 points 1 year ago (2 children)

Feels like a half assed Minority Report plotline.

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[–] dojan@lemmy.world 26 points 1 year ago (1 children)

There is a law that lets the police take people into custody to prevent terror attacks, but that’s not the case here.

Complaints have been lodged before, but hitherto dismissed. And final clarity on the legality of the procedure is still pending.

It helps to read the article.

[–] GenEcon@lemm.ee 27 points 1 year ago (1 children)

but that's not the case here

But this is in fact how the police argues. Climate protests are terror attacks (since they disrupt traffic) and therefore this is justified.

Pretty sure the Bundesverfassungsgericht (basically our supreme court) will shut this practice down – just like all the other times Bavarian laws have been ruled unconstitutional – but Bavaria doesn't care. They scrap the law and replace it with a similar unconstitutional version and wait 2 years until the Bundesverfassungsgericht rules it unconstitutional and so on.

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[–] maynarkh@feddit.nl 109 points 1 year ago (2 children)
[–] Chariotwheel@kbin.social 38 points 1 year ago (2 children)

Bavaria is a traditionally very conservative state. The Conservative party is ruling with an iron grip for decades.

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[–] notceps@hexbear.net 20 points 1 year ago (2 children)

Germany is not alright and Bavaria is the least alright , nominally leftist parties barely get up to 10% in elections there so yeah was to be expected.

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~~Preventative Detention~~

Political prisoners

[–] anarchotoothbrushist@lemmy.ml 91 points 1 year ago (2 children)

English translation (from Google Translate):

Last generation: 27 climate demonstrators in Bavaria were preventively imprisoned

In the run-up to the IAA motor show, the police in Bavaria took activists from the last generation into so-called preventative detention. The procedure is very controversial.

By Kai Biermann

September 2, 2023, 4:14 pm

According to Last Generation, Bavarian authorities have currently put a total of 27 supporters of the group in prison without trial or verdict. This means that the number of activists in preventive detention has almost doubled, the group writes in a statement. They are therefore being held in the Stadelheim and Memmingen correctional facilities.

A large number of them were apparently taken into custody in connection with the IAA International Motor Show, which is scheduled to take place in Munich from September 5th to 10th. The last generation had announced protests against the fair. According to Last Generation, at least 16 of those affected are in custody until September 10th.

Eleven more are expected to serve longer sentences. According to Munich police, ten of them were taken into custody during a blockade on Friday. The Munich district court then ordered that they remain in prison until September 30th.

Nowhere as long as in Bavaria

Legally, this police approach is called preventive detention because it is not detention for a crime that has been committed. The police laws of the different states allow this for different lengths of time. In Bavaria, up to one month in prison is permitted, which may be extended by a judge for a maximum of another month. In other federal states, however, it is usually only a few days.

The so-called preventive or preventive detention is very controversial. The relevant laws were originally created to prevent terrorists from carrying out attacks. However, this form of detention is now also permitted in the case of the “imminent commission or continuation of an administrative offense of considerable importance for the general public,” as the Bavarian police law states. Lawsuits against this have so far been rejected in Bavaria. However, a final clarification about the legality of this approach is still pending.

This form of deprivation of liberty is all the more problematic because the protesters will not face imprisonment if they are convicted for a blockade. The corresponding procedures regularly only end with fines.

Carla Rochel, the spokesperson for the Last Generation, writes in the statement: "The question we as a society have to ask ourselves at this moment is: Do we think it's okay that protest for all of our basic right to life means prison instead of climate protection is answered?"

[–] jet@hackertalks.com 25 points 1 year ago (5 children)

Thank you for the translation. This is exactly why people need to be wary of tools used against bad actors, that will then be used against everyone. A tool in the toolbox will be used by the police. Slippery slope is real. Once you establish precedent the tool is useful, you'll see it again.

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[–] Aceticon@lemmy.world 20 points 1 year ago

Oh, look those of us that were pointing out the risk of abuse of all those high-overreach laws passed in the aftermath of 9/11 during peak "terrorist scare" (even though more people died from falling in their bathtubs than from terrorist attacks) are once again proven right.

What! A! Surprise!

[–] UlyssesT@hexbear.net 79 points 1 year ago* (last edited 1 year ago) (17 children)

PRE-CRIME, JUST LIKE IN THE SCI-FI TREATS

soypoint-1 no-mouth-must-scream soypoint-2

EDIT: reddit-logo is leaking again; apparently even emojis can get pulled over by the Pedantry Police. 🚔 berdly-actually 🚓

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[–] lambalicious@lemmy.sdf.org 54 points 1 year ago (19 children)

As much as Germany denies it, it has been proven in the last 10 or so years that they really loved their nazi days. France seems to also love having been under nazi occupation too, and they seem to have a similar anti-environmentalist attitude.

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[–] BlackNo1@lemmy.world 51 points 1 year ago (5 children)

hmmm this reminds me of something i just cant quite remember

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[–] Nationalgoatism@hexbear.net 43 points 1 year ago (1 children)
[–] GarfieldYaoi@hexbear.net 53 points 1 year ago

The planet is being cooked by oil companies benefitting from your tax dollars and you're thrown in jail for disagreeing with it...

but then they want to lecture you about "freedom" when you mention regulating pollution in any capacity.

[–] Tankiedesantski@hexbear.net 41 points 1 year ago

First they came for the environmentalists, and I said nothing because I didn't want my commute to be inconvenienced...

[–] rustyfish@lemmy.world 40 points 1 year ago (1 children)

I work with people who actually think that’s a good thing. I really fucking hate my coworkers.

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[–] SheeEttin@lemmy.world 36 points 1 year ago (2 children)

What does this have to do with technology?

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[–] CyborgMarx@hexbear.net 36 points 1 year ago

Real "Innocence proves nothing" hours

[–] 5ublimation@hexbear.net 34 points 1 year ago

freedom of association moment

[–] Flinch@hexbear.net 29 points 1 year ago
[–] HawlSera@lemm.ee 28 points 1 year ago

Did Nazi that coming

[–] ShimmeringKoi@hexbear.net 27 points 1 year ago* (last edited 1 year ago)

Ah cool just like my favorite Phillip K Dick story

[–] emizeko@hexbear.net 27 points 1 year ago

in bad authoritarian soviet gommulist china,,

[–] OprahsedCreature@lemmy.ml 25 points 1 year ago

Ohh, I've seen this one, it's a classic!

[–] LISI_III@lemmy.ml 21 points 1 year ago

Is this like Minority-Report-type shit?

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