Kafkaesque scenes in court
by Roser Garí Pérez @rosergariperez
The lawyers of the Ulm 5 following a sham-show of the ruling court have written a statement. It is printed in full below.
It has been clear since the arrest, extreme charges and prolonged cruel pre-trial over the six months limit detention that the trial against the Ulm 5 was not going to be fair. And today’s legal shit-show did not disappoint.
We started the day with a rally outside court with people that have come from all over Germany greeting the courageous Ulm 5 on their way to their show trial. The early hours did not diminish people’s solidarity and energy and the Ulm 5 were greeted with chants “Free the Ulm 5” and “Free Palestine”. Some of the people continued the rally, while others headed to the court room. Keffiyehs of some people were taken away as they entered the court.
The show trial was riddled with irregularities before it even began. Starting with the fact that despite communication with the court about the conditions of the principle of publicity, and the right to have pens provided and paper allowed were not met, the number of seats available for the public were 6 less than previously communicated. 62 people in the public were surveyed by over a dozen heavily equipped security personnel, with even police coming in at one point. The trial did not seem to attract any attention from mainstream German media, apart from a representative from Deutsche Press Agentur (DPA) and SWR. The report from DPA is as Staatsräson-influenced as it gets with sentences worth repeating in a journalism class of what biased media looks like. Nevertheless, all mainstream German media is repeating it without question: Painting the public solidarity and the amazing team of lawyers as problematic, while defending the actions of a judge that seemed overwhelmed for such an important trial.
The moment that the sharply-dressed human rights defenders Vi, Daniel, Zo, Crow and Leandra came in they were greeted with a standing ovation from the solidarity public. They were brought in shackled and put in a bullet proof glass cage, separated from their lawyers – even after their lawyers having fought for them prior to the trial, to be sitting next to them to have a fair defence It is crystal clear that the judge and prosecutor office are trying to paint them as dangerous criminals. Even though the shackles were removed the first image for the German press was set.
Despite repeated attempts by the ten-lawyer team to be heard and present their official motion to have the clients sit next to them, the judge denied them not only the possibility of presenting this motion until the charges were heard, but the possibility of presenting a motion to present a motion. Meanwhile their microphones were turned off, not allowing the public, including the press, to follow accurately what was happening. Their own defendants could also not hear them properly. After almost an hour of a pitiful spectacle of the German state, and not being able to even be respectfully heard, the team of lawyers in a power move left the room.
The judge stuttered about a 20 minute recess only to change her mind within seconds and say 2 hours. The 14 security personnel escorted the public out, and then threatened us with violence if we did not leave the room fast enough. During this recess lawyers came to the rally to speak with the press present (that wanted to actually do their job) and held some speeches, informing the people of what was going on.
When the recess was over, and we were allowed to return, to our surprise the lawyers had made a power ranger move and sat themselves in the security glass box. This was met with barely contained fury by the judge, who did not let them speak and gave them 5 minutes to take their previous seats. They just stood up and had a chat waiting for the 5 minutes to be over.
After that the judge called it a day, and the show trial will resume on the 4th of May.
By refusing to bow to injustice, and positioning their defendants dignity and wellbeing as the main focus, the team of lawyers — considering how well prepared they seem to be — are playing 3D chess against a state playing peek-a-boo with the only thing they have going for them, their hate of any solidarity with the self-determination and right of life and land of the Palestinian people.
Demonstrating Outside the Court makes a difference
by Compañera Emiliana, and Pepe T.
We travelled as a group of activists from the solidarity movement in Berlin to Stuttgart to show the Ulm 5 their support and to join other regional groups. The goal was to be present and loud while the Ulm5 were transported separately to Stammheim for the first hearing. It was clear that the morale of the Ulm 5 was uplifted and it was a joyful moment for the movement to see them through the vehicle windows: Their faces full of joy, smiling and showing a victory V with their handcuffed hands.
During the “show” that happened inside the court, the solidarity group held a rally outside, listening to some speeches, music, and writing them letters. There were chants demaning justice for the Ulm5, for a free Palestine, to end Germany’s active role in the Gaza genocide and for shutting Elbit Systems down (Israel’s largest weapons manufacturer, supplying the vast majority of arms used in the war in Gaza, and famous for their killer drones).
A great part of the group came all the way from Berlin and a good-sized rally as well as a full courtroom of observers was able to be achieved, for them to be present alongside the Ulm 5‘s family and the solidary press. Nevertheless, there is much more potential for increasing the presence of activists at the court hearings, for at least keeping a very good presence of observers for all the dates.
Consider joining the upcoming court hearings, since our presence is paramount for the best chances of success for the Ulm 5 and the antizionist and antigenocide movement in all of Germany and worldwide. Direct action is the most effective but also the most risky way of activism, so the least we can do is do all we can to support them, at best with our presence, moral backing and our encouragement. Free the Ulm 5! Free Palestine! (Insert link to previous article at the Left Berlin)
“Ulm 5, we are proud”
by Yasemin Özdemir
The chant that echoed loudly through the otherwise quaint residential area of Stammheim-Stuttgart, where the Ulm 5 are being tried inside the maximum security prison court. “Only a few meters away from where the RAF activists were tried”, an Anarchist comrade explained about the historical significance of this location on the 10 hour ride from Berlin. Transported by the most solidary and well organized activists from the Solibus, the Pro-Palestine community showed up in full conviction and affection for their comrades.
The sense of purpose and community was palpable, the common goal clear. We will leave no one behind if it’s up to us, and certainly not to the German state. Beyond full solidarity with the Ulm 5, the movement has understood that the state aims to end direct action by anti-zionist activists through heavy criminalization, invoking paragraph 129. If that becomes the sentence, this would be disastrous.
After a short night in a hall in Karlsruhe, where comrades improved the walls with missing Palestine stickers and a little round of antiD cleansing, the bus left to arrive at Stammheim by 7:15, making sure to catch the Ulm 5 arriving. One by one they were driven in by unmarked cars from different prisons across the South. Each car was welcomed with steadfast chanting and declarations of loyalty and love. Nothing was more important than showing them we were there.
The rally outside began, often invoking chants against Elbit Systems, the actual perpetrator of war crimes operating from Ulm. It is the lack of state and corporate accountability in ending the Gaza genocide, that the brave people have to step up and obstruct genocide at a high cost, their freedom. After having to tow an entire row of parked cars from the lot, because the cops ‘forgot to prepare for our rally’ we joined the Stuttgart team. Banners lit up the parkplatz while Lowkey’s famous song led the Versammlungsleiter to receive an Anzeige. Comrades from Shut Elbit Down and the Bündnis gegen Waffen gave moving speeches that tied the Ulm 5 case seamlessly to the militarization of our economy. Afterwards, it was time to settle down in the sun and wait for news from inside.
After 2 hours the family, legal defense team, press, court observers and others came out, exclaiming about the farcical nature of the proceedings. But despite that they were also thrilled. Thrilled for the glorious way the Ulm 5 showed up and how iconic they looked, despite these harsh months alone (not to diminish how disturbing and tough they were). A video journalist from Junge Welt mentioned how emotional it was to capture them on camera and groups sprawled around him to see the photos, some tearing up at the sight. The lawyers gave an update, how they had to stage a walkout because the judge wouldn’t let them sit next to their defendants, upsetting the obstructive judge. An “offensive defense”, and a “revolutionary spirit” were some of the jubilant ways the defense team was being described, leading to elation and standing ovations.
Finally, the recess was over and the queue to go inside did not diminish this time. Shortly after, it was over. The defense team in a surprising act of defiance got behind the glass and took their rightful place next to their defendants.
See you on May 4th.
Press release: Start of proceedings against the “Ulm 5” at the Stuttgart Regional Court – Motion for recusal against the presiding judge
During today’s opening of the trial at the Stuttgart Regional Court in the case against the “Ulm 5,” events escalated rapidly.
Prior to the hearing, the defence had attempted to contact – both by writing and by calling – the presiding judge in order to discuss various matters, in particular the seating arrangement in the courtroom. However, these requests went unanswered.
Instead, the court unilaterally scheduled a so-called “inspection appointment” without coordinating with the defence.
From the outset, the defence emphasised that the defendants should be seated next to their lawyers in order to ensure unobstructed and confidential communication in accordance with the European Convention on Human Rights (ECHR).
This fundamental right was not, in the eyes of the defence, guaranteed under the planned seating arrangement in the courtroom today.
Motions to change this and other related objections were not given consideration. The defence was not given the floor, and the microphones were not switched on, even though, according to the presiding judge, anything not spoken into the microphone would not be translated and would “disappear.”
The defence sought dialogue with the court not only prior to and during the main hearing in order to reach a constructive solution, but also during the recess. The court did not respond.
The defence views this conduct as an unacceptable violation of the defendants’ right to a fair trial and has therefore filed a motion for recusal against the presiding judge.
The undersigned are available for further inquiries.
- Dr. Maja Beisenherz, München, Info@beisenherz.eu, 0177 / 70 95 812
- Michael Brenner, Nürnberg, michael.brenner@anw-nbg.de, 0911 / 37 66 42 77
- Mathes Breuer, München, breuer@kanzlei-abe.de, 0175 / 52 46 963
- Anna Magdalena Busl, Bonn, busl@anwaltsbuero-bonn.de, 0176 / 23 23 32 35
- Benjamin Düsberg, Berlin, mail@rechtsanwalt-duesberg.de, 0157 / 30 30 8383
- Carolin Kaufmann, Berlin, kaufmann@akm-berlin.de, 0172 / 47 21 420
- Rosa Mayer-Eschenbach, München, eschenbach@kanzlei-abe.de, 0176 / 65 35 94 43
- Christina Mucha, Memmingen, info@kanzlei-mucha.de, 08331 / 69 08 136
- Nina Onèr, Berlin, kanzlei@ninaoner.de, 01520 97 33 278
- Matthias Schuster, Berlin, mail@anwalt-schuster.de, 0176 / 24 75 8230
- Martina Sulzberger, Augsburg, kanzlei@anwaeltin-sulzberger.de; 0821 / 50 87 385O
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Videos and Pictures from the Trial
Videos before the trial: Hebh Jamal
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Photos from inside the court: Ignacio Rosaslanda https://www.instagram.com/nachonal_geographic
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Photos from outside the court: Compañera Emiliana
