Legal Challenge Against Police Actions During Corona Protests

Thu 13th Feb, 2025

In a significant legal proceeding, the Berlin Administrative Court has convened to examine the dissolution of protests organized by the 'Querdenken' movement, which arose during the COVID-19 pandemic. The movement's founder has launched a lawsuit against the police, claiming that their actions during the protests were unjustified.

During the height of the pandemic, thousands gathered in Berlin to voice their opposition to government-enforced COVID-19 regulations. The police intervened, enforcing mask mandates and social distancing rules, leading to the termination of demonstrations. The court proceedings have focused on whether these actions were legally sound.

Michael Ballweg, the initiator of 'Querdenken,' along with his legal representative, argued that the police failed to base their decisions on scientific evidence available at the time. They highlighted a notable incident from August 1, 2020, when a demonstration in the government district attracted around 20,000 participants. The police ultimately dissolved the gathering due to perceived violations of health protocols.

Ballweg's attorney contended that the police should have consulted the Robert Koch Institute (RKI) to ascertain whether the outdoor protests posed a significant risk of virus transmission without masks. The attorney criticized the police's actions as an attempt to impose restrictions on demonstrators, describing the enforcement of mask-wearing as an infringement on fundamental rights.

In a courtroom filled with supporters of the 'Querdenken' movement, applause erupted following the attorney's statement, prompting the presiding judge to intervene. Outside the court, demonstrators rallied to express their views on the police's handling of the protests.

A representative of the Berlin police, in response to the allegations, emphasized that their actions were informed by a range of factors, including public health concerns and the necessity for risk management. The representative acknowledged the uncertainty surrounding the situation at that time, indicating that decisions were made based on the information available.

Ballweg countered, asserting that restrictions on fundamental rights, such as the right to demonstrate, must be grounded in verifiable facts rather than conjecture. He criticized the police for not adequately enforcing social distancing or mask-wearing during the protests, suggesting that the measures were politically motivated rather than based on health considerations.

The discussions in the court also touched on another protest that took place on August 29, 2020, which similarly faced severe restrictions. Once again, Ballweg's legal team is questioning the legitimacy of the authorities' actions during this event, which was largely peaceful.

The 'Querdenken' movement, which originated in Stuttgart, has mobilized supporters across various German cities, consistently opposing governmental measures aimed at curbing the spread of the virus since the pandemic began.


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