UPIII first trial report from Tuesday 24.7

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Before the trial unfolded those lining up in front of the court noticed that right next to the court was a traveling circus with its large tents and animals walking around in small enclosures. Apropriate in that UPIII was arrested during “Do or Die” Animal Rights Convergence at Hambi and doubly apropriate in some of the circus like proceedings that followed in the courtroom.

UPIII makes no statement in the process. It was admirable that she* presented herself in very good condition, smiled almost constantly and encouraged all supporters.

The arrest warrant is maintained after lengthy consultations with the prosecutor and defense attorney. Judge of 25 years at the court and also at the youth court in Kerpen describes defendants as stubborn.
A suspended sentence would be out of the question due to a lack of control over conditions. At the beginning of the trial, the judge positively pointed out that UPIII is committed to environmental protection, but in his opinion in the wrong way. So lack of “control conditions” seems to indicate continuing commitment to activism?
Judge also tries to appeal to UPIII emotionally by saying that he is sure that people would be happy to take her* in their arms.

Then there were corresponding testimonies that the alleged perpetrator threw firecrackers several times from a distance of approx. 20-25 metres in the direction of a group of police whose task it was to secure a hole in the ground.

All police forces had put their helmets on after they noticed the first firecracker which definitely hadn’t come from UPIII. The alleged perpetrator is said to have used a classic throwing technique with a sweeping movement over the shoulder.

According to the first witness, the trajectory was always too short due to a lack of throwing power for a threat to have occurred (witness: I cannot throw myself either).

According to another witness, who did not criticize the perpetrator’s throwing technique, the perpetrator missed the next policeman in one of her attempts only at a distance of about three meters (witness: Since I play handball myself, I know how to throw effectively).

All witnesses have also seen the alleged perpetrator after her arrest and removal of her face cover and are certain that the person arrested is identical to the accused in the courtroom.

A policewoman is convinced that she has not let the alleged firecracker thrower from one of her firecracker thrower out of sight, despite the fact that she described the situation in the forest and the arest happened at the train station over 2km away and some time later..

Why the other policemen* inside can assume that the arrested must have been also the thrower, is unfortunately not concretely questioned.

(Own note: It cannot be excluded at all that two similarly dressed persons of similar stature might have been in the undergrowth or that jackets and scarves were exchanged among themselves. Besides, it wasn’t really bright yet, the operation started in the darkness.

The firecracker thrower is only described as a person of stronger stature with olive-green trousers, black jacket and light scarf to cover up, which is described by the first witness without consultation as conspicuous clothing.
However, another witness also believes it could have been a dark blue jacket. Also the colour of the scarf cannot be clearly indicated as white or light grey.

Things of undetectable relevance are being discussed without a limit.
This would not be tragic if, on the other hand, after a total of more than four hours of witness hearings, police forces, without exception, had not completely ignored elementary things:

– Did the alleged perpetrator take a run-up with her projectile?
– How large was their radius of action?
– Did she move fluently with a group, did she sometimes set the direction herself?
– Were firecrackers deflected from trees?
– What were the visibility conditions?
– How did the alleged perpetrator behave after throwing? (e.g. recoiling, approaching, cheering, visible disappointment, targeted search for a better throwing position, increased or reduced aggressiveness, etc.)
– How bright was it early in the morning anyway?

None of this has been discussed.

And it could not even be determined whether UPIII made additional protest / drum noises, e.g. by means of pot lids, as several activists did this morning.

Witnesses essentially admit that they are unable to give any further details on the times and durations of the firecracker
throwing.
While one officer believed that the arrest of UPIII was possible by forming a task force by his unit to make arrests when the opportunity arose, another officer later felt that it was crucial that his support imot could approach the perpetrator unnoticed from behind.

A special section deserves the interrogation of the witness of the evidence team (who made video recordings that day).

Components of his statement were that only phased photographs were taken (witness: you have to imagine it like this: I can press play and pause on the camera) and that the situation was difficult for him (witness: In a forest, you cannot get an overview when filming, e.g. in a clearing or in open terrain).
Therefore, he could not make any statements about the number of persons who were in the forest.
Before he was to film the situation in the forest regarding the firecracker litters, he was busy with filming the hole that was being filled, which was used by the underground fire brigade at the burrow, in order to inspect it again before backfilling.
Here the witness checked whether it would not have been more important to put this filming back in the sense of the threatened colleagues*. The witness referred to the instructions of the operations command, the defender asked about the personal experiences of the witness.

A dispute arose here, as the defence felt that the witness gave little informative answers. The judge tried to mediate by asking the witness whether he was entrusted with the task rather five times or rather fifty times. Then more like 50 times was the answer.
The judge wanted to know when it would have been the last time that he had operated the camera to preserve evidence. Witness’ answer: I can’t tell you that exactly. The frequency of camera teams being used being presently very low.

The defender wanted to know if there were any real-time data in the recordings. The witness replied that the commonly used VLC playback software would display time information that he believed was based on the time stamps that are also visible in the file folders.
(Own note: These time stamps are so easy to manipulate that they could not be considered conclusive in case of doubt.)

The witness also looked at the file folder on the notebook on the judge’s desk. Witness after a few seconds: At first glance, I can see that the file folder is not complete. The first file name usually has a “1” at the end.

It is also worth mentioning that the witness was contacted by phone by a judge before the trial. Thus, in his interrogation of some questions, the witness improperly referred to the statements he had made on this occasion.

There were no questions about the name of the judge and if and where there is a protocol. Also why the witness immediately afterwards felt induced to call his colleague (first witness) to discuss the events on March 19 was not questioned.

(Own note: Both reasons for the motivation and whether the calling judge would have recommended this procedure to the witness remain hidden from the public forever.)

Furthermore, the witness stated that, after receiving the summons to the trial, he had a conversation in a duty room with colleagues of the operation to clarify which person could be UPIII.
Witness: “We had agreed” that it must be the lady present here.
The defender repeated this statement with a raised forefinger and added that it is a prime example of a statement in criminal proceedings that completely shakes the credibility of a witness.
The defender pointed out to the witness that he was not an assistant student, but a police officer. This statement by the defender prompted neither the judge nor the public prosecutor to object.
Comparing a police officer with an assistant student therefore seems to be opportune for judges and prosecutors.
Since the witness was unable to provide any further information on the defender’s satisfaction in response to further questions from the defender, the judge felt compelled to make a statement and said that the witness does not or cannot make any better statements.

The witness was dismissed, although his recordings were still to be viewed (and thus would no longer have been available for possible inquiries.)

During the later viewing of the videos on the notebook on the judge’s desk (very difficult for the audience inside to see, since the view was covered) the judge stopped several times selected recordings to count the number of persons.
(Judge: Yesterday I came up to 14 people at this recording. But not all of them can be seen at once. Drumming noises could be heard using pots, for example.)

Conclusion: It is always best to form your own opinion.

Next opportunity: Tue., 31.07., 8.30 am Local Court Kerpen

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UPIII Trial Tomorrow at 8:30 in Kerpen

The situation of Hambi Political Prisoners this year speaks volumes: As megatons of carbons continue to go into the atmosphere and coal lobbyists and CDU and SPD machine calls for massive “restructuring” subsidies to keep this failing and toxic industry going, the climate activists calling for change are experiencing unprecedented injustice and criminalization with Hambis having spend collecively a year and 2 months in prison in 2018.  Such twisting and perversion of already fucked profit oriented idea of capitalist justice showing it clear agenda is to intimidate and terrorize activists into passivity and inaction. The fact that not seasoned, young activists such as UPIII continue not to be deterred and are exposed to this level of state repression show even more that is up to the activists to affect change and how repression has the opposite from what is intended effect.

It also shows how the state of North Rhine Westphalia with its officially paid by RWE and other energy companies politicians, interior ministers and private security like police forces is responsible for not only continuing to damage and destroy the planet, climate, ecosystems and communities for countless generations to come but how it is escalating and taking advantage of this situation to instill even more repressive reality in which previous legal checks continue to be removed and those who stand up protest, block and resist continue to be criminalized, repressed and abused.

UPIII has now spent over 406 day in prison with no trial, mail and visits being severly interfered with for most of her stay. Isolated by a language barrier and exposed like many other young refugees and UPIII to sexually abusive and pseudo-scientific “age tests”, experiencing abuse and intimidation by prison guards directed at most of those who surround her in prison.  Regardless of all this bull-shit she has painted, drawn and written letters that have inspired many on the outside and received hundreds of letters from the outside. Letter and messages that the state tried so hard to isolate her from. Showing again but what the focus of supression is how crucial and important those seemingly simple and symbolic actions are.

And as the Coal Regimes continue to destroy the future and attack and try to deter the opposition let that in itself be the ultimate wake up and call for action for forming affinity groups, engaging in more actions remembering and knowing how unprecedented and complete the present state of global climate emergency is and how it is up to us activists and not up to fat-cats(no offense to the actuall cats – as we know All Cats Are Beautiful) in industry/power structure that are wrecking this world  as we have known it, to affect change and transformation.

Support UPIII tomorrow by showing in front of the Court Building in Kerpen bringing not just signs and transpies but also vegan food and snacks to share with each other and especially with UPIII if she is released and prepare to continue the struggle of standing against this year cuttings season in Hambacher Forest, continuing “business as usual” carbon emission.

Skillshares Camp 20-29 Sept

EndeGaleande Acions 25-29 Oct

Free UPIII!

Fuck RWE and its subsidary power structures!

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Warm Solidarity Shout-Out from Klima Kamp in Emmetal to Hambi and UPIII

From the Second Swiss Climate Camp happening at Illuminox festival outside of Bern. Solidarity for both Hambacher Forest and UPIII on the frontline of resistance against global fossil fools climate chaos. One of over eight now annual large klimate convergences and mass actions taking place just across Europe comes multiplicity of issues from oil, nuclear, refugees so connected to climae break down, animal and feed industry, fracking and other disaster scenarios going hand in hand with false solutions of business as ussual profit based regimes.

The only change of not just affecting change and also creating a historical record of opposition and resistance, have become ongoing struggles like Hambi, Trebur Bleibt now under what seems like an arson attack with barricade and kitchen set fire resulting in a forest fire, like the moral victory of ZAD justifying further repression and state violence action. Much like the largest, longest and most expensive eviction in German History being prepared for Hambi for and possibly before Oct. to Feb. Cutting season to fuel the biggest single CO and toxin emmitter on the Continent.

Only a multiplicity of actions like those called for in solidarity in response to attack/eviction on Hambi, Climate and the Planet and only constant pressure on the polluters through diversity of creative resistance tactic can affect, not change, not even transition but a simple reconsideration for the masses presently so suicidally co-dependend on Fossil Fuels.  Forming temporary autonomous communities has become an example of the simplicity and strengths of transition and degrowth skills.

Next regional focus is preparation for Climate Games in Basil on the 4.8 to 13.8 which will include a base Climate Camp with a week of action training, reports and presentation from Global Struggles against Fossil Fuels and nuclear energy and related workshops. The culminating on Friday 10.8 and Saturday 11.8 Actions taking place in port of Basil focusing on oil loading facilities. Call goes out also to anti-coal resistance movement in the Rhineland to join and support the struggle across cross-sectional lines. And vice versa for the Skill-shares and the Cutting season in Hambi and mass actions against RWE.

See You In The Forest,

Hambi Bleibt, Klima one struggle one fight!

 

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Last Forest Walk: Message missing from the Media + Photos


This sunday was a unique walk in that it started in town of Mannheim where the destruction of houses is advancing, bringing attention to the plight of local inhabitants loosing their homes and being resettle by RWE. Then the approximately 300 people walked to the Bund meadow and placed a large yellow X in the paths of the diggers and unfolded and stood with numerous anti-coal mining signs and banners. Then it was through the forest, with several stops including the edge of the woods and then all the way to Oaktown where climbing demonstrations took place and the visitors joined the forest activists for a meal.

The forest walk continues to share the message that has been missing even from the less bias national and international media. Showing that the forest not only continues to be open but that the forest activist and supporters continue to invite and bring people into this vanishing ecosystem to share its beauty, uniqueness and its connection to global climate issues. Forest whose destruction is happening at the same time as that of the local towns and villages as the water table and aquifers are pumped empty to keept the mine dry.

The forest activists supporters and visitors also keep the message alive of the disproportionate use of force against the forest occupation going hand in hand with fear and propaganda campaigns against the activists.
The media can not be counted on to inform about the situation of our friends and comrades such as UPIII who continues to be imprisoned but it is something that it is up to the activists and all people of good will to keep this message going.

There was a common disbelief especially on the part of the younger participants that the towns, roads and forest that they walk on and through will be destroyed and cut. They have a valid reason to be concerned as that is another subject absent from the mass media narrative: How over the 50 millions tons of coal extracted from underneath Hambach Forest yearly is endangering their not just future but their very survival. Feeding runaway climate change, droughts, wild forest fires, Forcing on the future geteration through corporate greed backed up by the state force and repression a Climate Instability reality of violence,repression and food insecurity.

Using the tactic of invaders, occupiers and exploiters local media continues to attempt to redirect attention and blame to the very people that are resisting this war on the Planet and local communities. Attempting to justify the future waves of eviction and repression.  Which continue to be unjust and unjustified for all of those that have ever been in the forest, connected with Hambis or who have experience repression and who are not closed off to social and ecological injustice.

 

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