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German anti-atom activists condemned
ClaraFall - 26.05.2002 11:17
In March 2001, 5 activists chained themselves to the rails stopping a train with nuclear waste. The court decided that this was not violent, but a breach in public traffic. Compensations claims by the police and Deutsche Bahn are still pending.
German police trying to cut loose anti-atom activists at Gorleben
German anti-atom activists condemned
Compensation claims as a political leverage still pendant
At 22 May 2002 decided the Lueneburg district court that the Robin Wood activists that had chained themselves to the rails did not use duress ("Nötigung") to stop a train with nuclear waste. The court condemned the four, however, to a fine because of breach of public transport ("Eingriff in den Schienenverkehr"). Claims for compensation of Federal Border Police (BGS, responsible for trains), of THW (a group that offers technical support at accidents or events) and the German Railroad are still pendant. The punishment of the activists helps to the atomic state to the right once again.
In the March in 2001, after a break three years, a Castor transport was underway in Germany bringing high-radioactive waste from the nuclear plant in La Hague (France) to the storage facility in Gorleben, to make room in La Hague for new German waste.
In spite of massive police presence five Robin Wood activists succeeded in chaining oneself in a concrete block in the railway track bed. The police needed 16 hours to remove them from the tracks. The Castor train went as far as site as the action in Sueschendorf to drop of police and material, and then went back again to wait in ?safe distance?. The reaction of the public was positive about the selfless commitment of the activists, particularly about a young woman of 16.
In May 2002, they now stood accused because of duress and breach of public transport, and for the first time in such a case the public prosecutor had even demanded imprisonment from 6 and 9 months. They were condemned now to 525 Euro for the breach of public transport. For a condemnation because of duress, however, the violence was simply missing: The bare presence in the railway track is only psychological compulsion, "and chaining to the rails is in this respect only the persistence of non-power". (Die bloße Anwesenheit im Gleis sei nur psychischer Zwang, "und die Ankettung ist insofern nur die Perpetuierung von Nicht-Gewalt".)
Even the public prosecutor took the activist?s honest concerns about the dangers of nuclear power into account. Nevertheless, he concluded, the punishment must have "general-preventive function": "If soon hundreds will chain themselves to the rails, the castor transports will not be feasible anymore" - an outlook that spontaneously inspired the supporters in the courtroom.
Organized Irresponsibility
In between, the process became a fiasco for the public prosecutor, and it seemed rather the German Railroad to be on the dock. Through the process, scandalous circumstances about the transport of radioactive waste had become obvious. How otherwise would the public have heard about the organized irresponsibility at the Deutsche Bahn? How otherwise would it have become known that after an accident the train driver of such dangerous train will has to get out to search for a public phone? As long as the responsible authorities cannot even guarantee that a highly dangerous transport meets standard safety measurements, public actions are apparently necessary to demonstrate the short comings.
Compensation Claims
Because the criminal law does not give too much leeway, compensation claims are used to discourage activists from their actions. After the spectacular actions of March 2001, the Minister of the Interior Schily created especially a new decree. Explicitly it pays attention to "disturbers" ("Störer"), "that inseparably united themselves with the railway track bed (for example by cement or chains)". The activists have to pay for all personnel and device costs that arose through the "immediate carrying out of the liberation measure" from the BGS. Thereby Schily abolished a by law that gives the responsible local authorities the freedom to decide whether and which height she collects costs. "From this, the political will speaks to punish the nuclear-power opponents. Because economically the money demand does not have any sense faced with the overhead for the police commitment in two-digit million height."
To get the route to Gorleben free in March 2001, BGS agents were employed. Months after the action the five activists received a bill about 7.300 Euro for staff and material costs against which they have raised objection. They also got a bill of the Technical Help Services (THW) for helpers and devices about 1.900 Euro;
and the Deutsche Bahn asks for 10.100,27 Euro for the repairs of the damage rail tracks.
Where public opinion is getting strong, and activists even find understanding in courts, actions are increasingly discouraged in the arena of private compensation claims.
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| Read more about: natuur, dier en mens | | supplements | | | Condemned? | Wilbert van Leijen - 26.05.2002 13:53
Ongelukkige verschrijving.
Iemand moet onze Duitse vrienden wijzen op het verschil tussen "to condemn" (moreel oordeel vellen) en "to convict" (veroordelen).
Beter nog, schrijf in je moerstaal.
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