Politics · de.indymedia · · 2h
SoKo LinX loses in court and storms the next apartment in Connewitz
Deutsch (original) · Auto-translated to English
On Tuesday, the Leipzig public prosecutor's office planned to convict a clinic employee who allegedly declared personal data "Left-wing extremists" is said to have passed on. At the beginning of February this year, the employee was sentenced to one and a half years in prison, suspended on probation, by the Leipzig District Court for allegedly aiding and abetting grievous bodily harm in two cases, one of which involved trespassing.
The public prosecutorSandra Dautestuck to its construction during the appeal hearing at the Leipzig Regional Court. The left-wing perpetrators wanted to eliminate political opponents and exercise vigilante justice and they allegedly received the data from the clinic employee. The allegation that on October 30, 2018, masked people beat the then 20-year-old Cedric S. near his home near Wurzen until he was hospitalized.The neo-Nazi was involved in the attack on the Connewitz district on January 11, 2016. Another case involved an attack on an authorized representative of Wassermühle Immobilien GmbH in her condominium in Leipzig. However, the police and public prosecutor were unable to provide any evidence that the employee allegedly passed on the data to the perpetrators.
“But there are no comprehensible findings as to who which data was passed on,” said the presiding judge Hans Jagenlauf in his verdict and expressed his dissatisfaction at having to acquit the defendant.
The employee's defense attorney saw this differently: She only agreed with the public prosecutor's office that Cedric S. and the authorized representative were actually attacked. Nevertheless, the neo-Nazi was outed at his vocational school in spring 2018, which then led to his training being terminated in March. His data had long been public knowledge anyway.
There would also be ambiguities with the authorized representative. For example, a police officer is said to have been interested in the authorized representative and made a query without being followed up, explained the defense attorney, who saw a one-sided zeal for persecution against her client in court.
Less than 24 hours later, another house search in Connewitz
The Soko LinX from the LKA Saxony then raided the next apartment in Leipzig-Connewitz on Wednesday on instructions from the Dresden Public Prosecutor's Office. According to unconfirmed information from MDR, the search is said to be part of an investigation into the attack on the employee of Wassermühle Immobilien GmbH. After the search, one person was taken away by masked cops. However, there is no arrest warrant. After soon100 documented house searchesin Leipzig, this once again took place without protest and solidarity support for the person concerned. The Rote Hilfe Leipzig only reported this week thatInterest in house searches and their consequenceshas dropped to zero within the left-wing scene.
Federal Constitutional Court declares two house searches against leftists to be unconstitutional
On Thursday, the Federal Constitutional Court declared two searches, one in Saxony and one in Bavaria, unconstitutional. Thomas was right here for the decision to conduct searchesSaxony in the outlook written:
As pleasing as the decision from Karlsruhe seems at first glance, the procedure and the decision reveal considerable weaknesses. On the one hand, there is the passage of time; we are talking about a process duration of over four years, counting from the time of the raid. This took place on April 27, 2022. The Chemnitz Regional Court dismissed the complaint against the search on August 22, 2024. It was only around two years later, on August 3, 2026, that the Federal Constitutional Court ruled that the search was unconstitutional.
Secondly, the decision only affects a “non-suspect” roommate in the housing project.
Thirdly, the level of suspicion that the Federal Constitutional Court assumes in order to legitimize a search even of non-suspect persons is relatively low; “indications as concrete clues” which “do not have to be particularly strong” are sufficient to justify a search (see para. 16).
Finally, it also applies here that shared rooms always offer an open flank.
Nevertheless, at least in theory, the Federal Constitutional Court makes this decision more difficult. Searches of “non-suspect” people living in a (left-wing) housing project. In the end, placing this more in the theoretical area is because in practice neither the police, the public prosecutor's office nor the courts, as this case shows, give little or no thought to the constitution. If, as happened here four and a half years later, some court in Karlsruhe objects to a search, it doesn't worry local police officers, judges or public prosecutors.
The press release confirms the assessment that this will have no effect on the repressive authorities in SaxonySolidarity group from Leipzig from 2023 (since noblogs.org will soon disappear, here again in full):
Third house search illegal - dissolve Soko LinX!
web address: http://www...License of article and all embedded media:In theWurzen procedurewas the third house search overallSoko LinXdeclared unlawful. With a decision of April 24, 2023, the Leipzig Regional Court upheld a complaint by the person concerned.
On January 12, 2023, masked cops stormed an apartment in Connewitz (Leipzig) on the grounds that they recognized the person in question from a speed camera photo. One of the people pictured would have apparent matches to an official photograph of the person concerned and other photos found on a confiscated phone. In addition, there are relationships with other defendants in the Wurzen proceedings. This was enough for the Leipzig District Court to issue a search warrant on November 22, 2022 at the request of the Leipzig Public Prosecutor's Office.
The Leipzig Regional Court now raised considerable doubts about the existence of an initial suspicion and criticized the fact that there was no apparent discussion about the probability of finding evidence. The reason for the search warrant could not be understood; the search was not proportionate.
Since the investigation began, two house searches and two DNA samples have already been declared unlawful. The case against one of the accused even had to be stopped. More information can be found herehere.
There are no consequences for cops and prosecutors. On the contrary: Soko LinX has what it wants: They were able to break into the apartment of those affected in the morning, rummage around in their privacy and steal all the technical devices. What remains is an often traumatizing experience, financial burdens for new purchases and – as in this case – a destroyed apartment door.
Creative Commons by-nc-sa: Share Alike - Non-CommercialRead the full story at the source
Source: de.indymedia