Robin`s process is going into the second instance
The defendant Robin was convicted to a fine for supposed assault, but neither the defendant nor the prosecution was accepting the sentence.
So the defendent as well as the prosecution gave notice of appeal and the process will go into the second instance.
As soon as we know about the next trial date we will inform you.
Head eache after an alleged smack on the helmet
Defendant Robin convicted to a fine for supposed assault
On the 4th of July Robin was convicted by the Hamburg-Mitte district court for resisting and assaulting an officer (Körperverletzung, Widerstand, tätlicher Angriff auf einen Vollstreckungsbeamten) to a fine of 90 ‘Tagessätze’ à 5€ (fine calculated on daily rate of income), totalling in 450€. The calculation of the daily rates was lowered compared to the 25€ a day in the penalty order, nevertheless Robin was convicted for §§ 113 (resisting an officer), 114 (assault on an officer) and 223 (assault) StGB (German criminal law).
Robin‘s defence demanded the suspension of the lawsuit. While judge von Urban would have agreed the state attorney insisted on continuing due to the allegedly profound evidence. Two police officers were called as witnesses. First PK Kühner from Berlin was questioned, he supposedly felt a light smack on his head from behind, without seeing the attacker or where it came from. Afterwards he lamented to have a light pressure pain and head ache.
Second POM Marx, as well from Berlin, gave testimony about the supposed attack. He stated to have seen the defendant attacking the officer and being able to identify Robin beyond doubt without even looking at her. After the description of the scene, foregoing events and the arrest of another accused the course of the offence was described as a light smack on the Kühner‘s helmet by Marx. After his account of the events and a pantomimic performance it became clear that in his eyes it was more of an unaccelerated smack out of the wrist and not an amateurish „tennis serve“ as he put it. An astonishing amount of details considering the many contradiction in the original testimonies. When witness Marx wasn‘t able to remember Kühner‘s posture the judge felt free to provide the suggestion that he was kneeling and the witness assiduously confirmed.
With the testimonies being mostly coherent and not contradicting each other anymore or lackeing important details, the judge of course believed the officers without a second thought and thus buying the whole constructed charges against the defendant. Furthermore judge von Urban didn‘t bother to question whether a ‚light smack on an armored helmet‘ could even be considered an attack / assault on an officer (German: tätlicher Angriff) or assault (Körperverletzung).
No matter the judges willingness to suspend the lawsuit at the beginning she didn‘t seem to have any more intention to doubt the constructed allegations. The state attorney argued that the minimal penalty for the new § 114 is a fine of 90 daily rates and thus insisted on this being the minimal sentence.
The state attorneys pleading for a fine of 110 daily rates was not adopted by the judge. The sentence in the end was 90 daily rates as originally in the penalty order.
As feared after the new § 114 was introduced in 2017 the new law is used to criminalize any peaceful protest. Whoever dears to defend themselve against the current state of things, no matter if at a demo, action or anywhere else, always needs to expect legal consequences. In the meantime police witnesses‘ narrations continue to get even more creative and as we learned their testomony is always the truth. Even when they show us their power, try to daunt us and work on criminalizing as many of us as possible – they will always fail and only proove thereby that the ‚neutral constitutional state‘ is a mere illusion. Folks fighting for radical utopias, folks facing racial marginalization or basically anoybody not fitting in, will be systematically persecuted. And the criminals of the system continue unobstructed if not even actively protected by the state. Consequently the judiciary is no more than an instrument of the state and those in power to implement their interests.
Trial against Robin in Hamburg
After the first trial date was cancelled, it now took place on the 4th of July at the Hamburg-Mitte district court. The police witnesses managed to tell a good tale and the judge bought without critical questions of course, so in the end Robin was sentenced to a fine of 90 ‘Tagessätze’ á 5€ (fine calculated on daily rate of income) for resisting and assaulting an officer (§§ 113, 114, 223 StGB).
Trial on 20th of June canceled for now
Beginning of G20 trial against Robin failed initially due to formal error
This morning, 19th of June, the planned beginning of the trial against activist Robin on 20th of June 2018 was cancelled due to a formal error in the penalty order. The entire section describing the supposed criminal act was missing. This shows how the court is overstrained by the number of lawsuits they‘re trying to push through.
With the trial‘s beginning being cancelled for now, the courts strategy to blindisde Robin failed.
The court set a trial date very soon, ignored that the lawyer has no time at the trial date by dismissing an application to change the date, didn‘t give real access to the court files by only allowing access in Hamburg – to a lawyer far away in Göttingen. In the end this led to having no lawyer and no clue whats in the court files four days before the trial. Luckily they didn‘t get through with their strategy.
There will be no trial this week but they might send a new penalty order with a new trial date. If that happens the info will be published here.
Solidarity not penalty orders!
Freedom for all G20 prisoners!
The G20 repression continues – call for solidary support at court
This Wednesday, the 20th June 2018 the activist Robin will stand trial on an assault case at the Hamburg-Mitte district court. How the police intends to construct and justify these accusations remains unclear.
Eleven months after the G20 protests in Hamburg numerous people face repression because they took part in the protests against the inhuman G20 politics and their absurd summit.
Despite all the agitation, before during and after the summit, neither the media nor the state security agencies succeeded in dividing us. We won‘t let them daunt us, belittle us, no matter their repression. They will fail to stop us.
We will not let them hinder us from fighting for our ideals. The summit is over, but our fight for a better world without war, exploitation, injustice, oppression and prisons continues.
With the antidemocratic, authoritarian eagerness for persecution, the state tries to present more and more convicted people, no matter the price. The massive police presence, state violence and surveillance before and during the summit was only the beginning. People are incarcerated since the protests and the police announced that they want to persecute activists with 3000 lawsuits.
We now need to stick together and show our solidarity. They persecute a few, but they mean all of us. This should be more than a slogan. When we face their repression together and support each other at court, in prison and in daily life, their threats loose their effect and we become more capable of acting. Therefore we‘re looking forward to solidary, colorful and deescalative trial support.
The trial will take place at Amtsgericht Mitte at 2 pm, Sievekingplatz 3 (Strafjustizgebäude), Sitzungssaal (room) 186 / ground floor. An entry control was announced and cell phones will be taken from you. As always people that joined the protests and have not been identified and people with an active arrest warrant should not come to court.
Our solidarity against their repression!