An entrepreneur and author asked a friendly police officer questions about the current demonstration. Whose answers are revealing. Not only are the strollers an extremely peaceful audience. The police capacities have reached their limit: “It’s getting tight. As soon as people realize what kind of power they have, it’s over. ”An analysis that every demo organizer and walking citizen (including future citizens) should read.
By Siri Sanning
Markus Gelau contributes as an author Rubikon – the magazine for critical mass guided. This reports “about what cannot be found in the mass media.” Gelau is presented by Rubikon as a “private scholar and author with a focus on politics and history – but also artists, musicians, label makers, promoters and graphic designers” who works full-time in his own marketing and communication agency.
At this point a statement by Mr. Gelaus should be reproduced. It contains the analysis of a longtime riot policeman on the situation of the now almost always and everywhere walks by critical citizens who take to the streets for basic and civil rights. The said riot policeman, whose name is not mentioned for understandable reasons, is discussing the situation in Germany. It can be assumed, however, that this is comparable with that in Austria in the essential respects.
The post found Mr. Gelaus about Report24.news Telegram entry from Henning Rosenbusch. He is an independent journalist and photographer and reports from Sweden. Since we are of the opinion that it is of fundamental interest – for every demonstration organizer and walking citizen, as well as for everyone who still wants to become one, we would like to bring it to their attention this way. Not everyone is a fan of social media and / or uses Telegram. Perhaps in this way it will also reach one or the other reader outside of these channels.
Below is a Facebook version of Mr. Gelaus dated December 29, 2021 in full (highlighted by the editor)
Nothing new: the establishment slander the citizens
when the police in mannheim yelled at thousands (!) of people in the main shopping street with a loudspeaker car 2 weeks ago …
“HELLO, HERE’S THE POLICE, THIS IS AN UNAUTHORIZED WALK. WE WILL NOW ADOPT THE PERSONNEL FROM YOU AAAAALL! “
… I had to laugh heartily. I still laugh today when I think of this scene. of course i was only there by chance to buy some bread. understood…
as most of you have surely noticed, More and more cities, in their helplessness, are beginning to want to forbid absolutely peaceful, oppositional “walks” for legally dubious reasons. the Bavarian fairy tale king is auctioning himself there (expected) in the desolate slander of thousands of citizens and accuses families, women and senior citizens of all serious “willingness to use violence”. For a small, ruling caste, there seems to be no more red lines here either: yesterday the bavarian interior minister even compared his own critical citizens with violent islamists. the situation is not entirely new to many millions of people in eastern germany. when the establishment whistles on the last hole, it lashes out. I don’t want to ramble any further, that’s enough of what I’m doing here. that’s why I thought i just ask someone who is really familiar with this situation. a friend who has been a riot police officer for 20 years. I’ve already mentioned him here, and for obvious reasons I just call him “thomas” again. thomas is a democrat through and through. politically alert and enlightened anyway. I’ve known him for years. and i wish there were more of him in the service of the state. then i would worry less about constitutional fundamental rights in this country. I asked him a few questions yesterday, which he answered immediately. and you should take these answers to heart (don’t get used to the capitalization, he’s contributing it for free!).
1. Force situation
We are at the limit of pain in NOW. In my state alone, we had 90 meetings in a week. It feels like we don’t do anything more than look after meetings. On Monday I was with just a handful of colleagues at a demo with over 1,000 participants. The demo train was easily 500 meters long. You can picture for yourself what is possible in the worst-case scenario. Nothing. The rest of the unit was over 100 km away on a second demo. At the same time, demos three and four ran in two other cities. A week ago we tried with two hundred teams (35 cars) to steer a demo with around 4,000 people through the city. Impossible! It does not work. They do what they want. If the demo participants do not (want to) participate, we cannot do anything except stand by helplessly and to make sure that no car rushes into the demo train from a cross street. As I wrote recently, it is also not possible to determine the personal details of 500 people in order to initiate administrative offense proceedings. If they don’t tell me who they are, then I could first search them for identification documents. If I can’t find anything, I could take them to the station. In theory, this is all possible for a size of up to 20 people, but then it’s over. I don’t have enough security guards in police custody, I don’t even have enough vehicles to even transport people! I might even have to use force to evacuate the people. And all because of a peculiar administrative offense? For a peaceful “walk”? The question of proportionality then quickly arises.
2. Tactics protesters
It will be difficult for us when the citizens are all demonstrating at the same time. These are challenges that can hardly be overcome. But the most important thing is that the demos remain peaceful. For this it will be necessary for the participants in the meeting to take care of themselves a little. I don’t want to start with any AGENTS PROVOCATEURS now, but I wouldn’t rule that out. The imminent introduction of mandatory vaccination will definitely be a sticking point. That will lead to an increase in the number of participants, but probably also to a much more irritable mood.
3. Assessment of the situation by politicians
I have the impression that some state governments have understood that we as authorities are almost powerless if we do NOT cooperate with the citizens. The staff just isn’t enough. In Brandenburg, Prime Minister Woidtke made much more cautious statements in the press this week than in the previous weeks. Suddenly there was no longer any talk of “democracy enemies” and “subversion fantasies”. “One shouldn’t overtax the citizens now” was suddenly heard. Suddenly one is shifting down a gear in Potsdam too. Ramelow in Thuringia also seems to be gradually giving up. In Bavaria, the Law & Order state, things are (as always) a little different. But they also have the most well-behaved citizens. Perhaps the fine society in Munich will stick to everything. I wouldn’t be surprised.
4. Legal Assessment
Definition: An assembly is, according to the prevailing opinion (there is no legal definition), an organized gathering of at least three people for the purpose of collective expression.
Meetings do NOT require approval, even if you hear it again and again even in police circles.
Meetings in the open air (stationary or in the form of an elevator) must be registered with the assembly authority 48 hours in advance (§ 14 VersG) 1. There are two special cases in which this is not necessary / possible:
1. Urgent meetings: The registrant cannot meet the 48-hour deadline due to the urgency of the matter.
2. Spontaneous meetings: current occasion, means, for example, all meeting participants run more or less unprepared, there is no registrant, no one had time to paint posters, etc.
This is where it gets exciting:
Freedom of assembly is a fundamental right! A regulation is “only” a legal act that has been passed by the executive branch. In the hierarchy of norms 1, an ordinance is below laws that are always enacted by parliaments.
Violations of regulations are pure administrative offenses. The police have free discretion in the event of administrative offenses. Compulsory action ONLY exists in the case of criminal offenses (so-called principle of legality). Administrative offenses can also be “overlooked” (so-called opportunity principle).
If you do not wear a mask at a meeting, you may be acting improperly because you do not have a mask exemption. If there are many, there could be a lot of administrative offenses. Your right to freedom of assembly is so important that the assembly authority is usually generous in this regard.
The same applies to a maximum of 1,000 participants. In some federal states, applicants are encouraged to only allow 1,000 participants if possible and then, if necessary, to name a second applicant who registers and conducts meeting no. 2 500 meters away. We all know that this is completely nonsensical in the end.
It is the same with the 1.5 meters distance that the meeting participants should keep. With us this is communicated sensibly via the applicant or via loudspeaker and that’s it. Opinions were divided about the Hessians with their folding rules …
The city of Munich has banned elevators for Wednesday and Thursday. A rally on the Theresienwiese is possible. I assume that you have no applicant available, therefore no notice of the meeting z. B. can set a fixed route and therefore “want to save” with a general decree. Incidentally, this also applies to a number of other German cities. A stationary meeting is of course much easier for the authorities to look after. No unnecessary impairment of third parties through traffic chaos, etc.
One must always note that meetings, especially elevators, always restrict the fundamental rights of third parties. That must be in a balanced way happen. For example, it would not be proportionate if we were to block the Kurt Schumacher Bridge with 20 people because we consider the beer prices to be completely excessive.
From a distance, I consider the drivel about the violent demonstrators feared in Munich to be completely ridiculous. Of course there is a Nazi or a drunk here and there, but so far they are an absolutely negligible minority. I have taken part in so many demonstrations critical of measures myself in the past few months that I can say that they are the most peaceful people in the congregation that I have seen riot police in nearly 20 years.
Its getting close. Once people realize what power they have, it’s over.
What should we B. act as the police when 5,000 people go for a walk, even though it is forbidden?
Stop all? It does not work. Beat everyone up? Nobody does. Lock everyone up? Nowhere are there so many detention cells. Get everyone involved in an administrative offense procedure? Who should edit it? The clerks are already unable to do their job today.
It could be over tomorrow if people would just lose their fear.
(Editor’s note: The modification of the quote “It could be over tomorrow if people would lose their fear” in the title is only due to the limited number of characters there. Without a slight change, an analogous reproduction would not have been possible.)