Legal stuff

Legal-Team (EA): (+49) 30 / 340 603 13

Legal Aid Manual for Actions in Saxonia 2018

For legal issues regarding the action in 2017 follow this link!

Take action – and be well informed. During the action this will cool many situations down which might otherwise be critical.

“Our sit-in is a conscious act of Civil Disobedience. Therefore we will disregard all those laws and regulations which ensure the smooth procedure of burning coal. We will not leave the access roads voluntarily, as we see this action as urgently necessary and legitimate in view of imminent catastrophic climate change.

In contact with police and security forces we will act calmly and without violence. We will deal carefully with other’s property. In general we will not discriminate against others. We want to convey a colourful, life-affirming perspective on the action.” (Extract Frame of Action)

It is very likely that the police will dissolve our assembly at some point. If one stays afterwards, this constitutes an administrative offence. Usually the police then announces three times, that you should leave the site in question. This might or might not take a longer time in which you have the possibility to leave. If you do not comply, the police then bears you away and will most likely gather your personal data. Talk with your affinity group beforehand about how you will act in these situations.

If there is some indication that you would continue the action (or similar ones) after this procedure, the police might issue a restraining order. This has to be very clearly specified, locationwise and timewise. Otherwise it still has to be followed, yet is not legally binding in regards to potential lawsuits.

In general, sit-ins constitute mere administrative offences and no crimes. Sometimes the police will try to fabricate the allegation of “coercion”, yet this practically never holds in front of a court.

The police might ask for your personal information. There is some controversy here in the movement: whenever many people reject giving their details and the police is then not able to collect all data like fingerprints and photos, this might prevent a judicial follow-up. But keep in mind: not giving your personal information when asked will most likely result in being detained for a couple of hours. With rePlace coal! we are not as many people, and we consider the detention/custody to be too much to bear for an action with the ambition to be open for newcomers. We therefore recommend to give the personal details (and carrying your ID with you) in the action / when in risk of detention.

A similar controversy revolves around mummery. We have discussed intensively, weighed different options and came to the following conclusion, hoping that everyone might now be able to feel safe during the action. We want to convey a colorful, life-affirming image with the action. We want to show our faces in the struggle towards coal phase-out and climate justice, therefore mummery in a body, especially in black, shall not be part of our action. Yet it is understandable if people have the need to protect themselves in certain situations (e.g. with colorful scarves).

For further Information we recommend this detailed brochure of the Legal Team for actions in the German federal state of Saxony (some laws differ from one federal state to another): (PDF)

During our action preparation, there will also be a slot for legal input. There will also be workshops and a legal tent on the climate camp for all your personal questions. If you are unsure about whether to come at all because of legal questions, contact either us for RePlace-Coal-specific stuff or, for general questions, the legal team by email or phone: (+49) 30 / 340 603 13