Dear President of the EU Commission Ms von der Leyen, Dear Commissioner McGrath,
As members of the European Parliament, we are writing to express our concern about the ongoing criminal proceedings against the group known as the “Ulm 5,” which are currently being heard before the Higher Regional Court of Stuttgart (Stammheim).
We would like to ask for your assessment of whether the proceedings meet the procedural standards of the European Union. According to the information provided to us by the families of the defendants and their legal representatives, the proceedings concern a protest against militarisation that took place in September 2025. In this context, the defendants are charged with property damage.
Irrespective of the charges against them, every defendant is entitled to the guarantees set out in the Charter of Fundamental Rights of the European Union and the applicable EU provisions, as well as the general principles of EU law. The information available to us raises several questions regarding compliance with these standards.
Presumption of Innocence
Of particular concern are reports that certain aspects of the proceedings could compromise the presumption of innocence, which is protected by EU law and the Charter of Fundamental Rights. Reports indicate that statements by members of the judiciary could create the public impression that the defendants’ guilt has already been established before the conclusion of the trial.
Conditions of Detention
Families also report extremely restrictive conditions of pretrial detention, including prolonged isolation, limited communication, inadequate medical care, and measures that negatively impact the defendants’ physical and mental wellbeing. While the administration of prisons is generally the responsibility of the Member States, such allegations may also be relevant under EU law if they violate the defendants’ legally protected right to an effective defence.
Right to a Fair Trial and Effective Defence
The information available to us also raises concerns regarding the defence’s ability to participate effectively in the proceedings. This applies in particular to restrictions on communication between lawyers and their clients, as well as on access to case files.
Impartiality of the Court
We have also been informed of concerns regarding the potential bias of judges. Without wishing to prejudge whether these allegations are valid or to interfere with judicial independence, we consider public confidence in the impartiality of the courts to be an essential component of the rule of law.
Transparency of the Proceedings
Furthermore, concerns have been raised regarding restrictions affecting observers, journalists, and the public when attending the hearings. Transparency is a fundamental prerequisite for fair trials and public confidence in the judiciary.
Our Request
In light of this, we ask the European Commission for its assessment of the following questions:
- Based on the information currently available, do the proceedings comply with the standards of the Charter of Fundamental Rights of the European Union and the applicable EU provisions, in particular Directive (EU) 2016/343?
- Does the Commission consider that the circumstances described raise questions regarding the effective protection of the rights of the defence, the presumption of innocence, the impartiality of the court, and other guarantees of a fair trial provided for by EU law?
- If the Commission identifies concerns regarding the application of EU law in this case, does it intend to engage in dialogue with the German authorities? What specific steps would the Commission take in that case?
- Does the Commission consider further measures within its remit necessary to ensure the effective application of EU standards for fair trials?
Our request is not intended to prejudge the outcome of the criminal proceedings or to interfere with the independence of the German judiciary. Rather, we ask for an assessment of whether, in the Commission’s view, the guarantees of a fair trial provided for in European Union law are fully respected in this case.
We would be very grateful for your assessment and your response.
Yours sincerely,
Özlem Alev Demirel (MEP, Germany), Martin Sonneborn (MEP, Germany), Catarina Martins (MEP, Portugal), Vicent Marzà Ibáñez (MEP, Spain), Martin Günther (MEP, Germany), Ana Miranda Paz (MEP, Spain), Lynn Boylan (MEP, Ireland), Irene Montero (MEP, Spain), Isabel Serra Sánchez (MEP, Spain), Marc Botenga (MEP, Belgium), Emma Fourreau (MEP, France), Rudi Kennes (MEP, Belgium), Cecilia Maria Strada (MEP, Italy), Jaume Asens Llodrà (MEP, Spain), Estrella Galán (MEP, Spain), Rima Hassan (MEP, France), Erik Marquardt (MEP, Germany), Damien Carême (MEP, France)
The English version of this open letter was first published on the Ulm5 website. See online for the original, German-language post by Özlem Demirel (Die Linke) and Martin Sonneborn (Die PARTEI). Translation by @naoisedolan
