Munich (dpa / lby) - The Bavarian state government has defended the possibility of taking climate activists into custody for a month as an act of a well-fortified democracy. "Preventive measures are necessary to prevent crimes that are announced that are obviously imminent," said Head of State Florian Herrmann (CSU) after a cabinet meeting on Tuesday in Munich. The same applies if there is an obvious risk of repetition. And the rule of law is making use of the opportunities offered by the Bavarian Police Tasks Act, Herrmann explained, emphasizing: "A well-fortified democracy simply cannot be danced around on its own."
Most recently, several people who had glued themselves to the streets of downtown Munich in protest against what they saw as insufficient climate policy were taken into custody. The Bavarian Police Responsibilities Act offers the opportunity for this: Based on a judicial decision, people can be taken into custody for up to a month in order to prevent the commission or continuation of an administrative offense "of considerable importance for the general public" or a criminal offence. This period can later be extended by a maximum of one additional month.
Freedom to demonstrate is a fundamental right, "but within the framework of the rules of the democratic constitutional state," said Herrmann. "There is no cause that would justify breaking the law."
If one simply looked on when criminal offenses were announced, people's trust in the rule of law would be damaged, Herrmann warned, "according to the motto: Something has to happen before we intervene". The CSU politician argued: "This is exactly the opposite of what a well-fortified democracy wants. It's about prevention. It's about preventing crime." However, a deprivation of liberty is always subject to the approval of a judge.
Complaints against the new version of the Police Responsibilities Act are still pending before the Bavarian Constitutional Court.
