Last generation: Minister of Justice Eisenreich rejects criticism of the raid

Bavaria’s Justice Minister Georg Eisenreich (CSU) has rejected criticism of the controversial search of environmental activists of the last generation. In the interior committee of the Bavarian state parliament, he contradicted in particular speculation and assumptions that the CSU-led state government had actively promoted the action in order to consciously set an example.

“The ministry has not issued any instructions regarding the investigations and has not otherwise influenced the investigations,” he emphasized. However, Eisenreich admitted that a warning from the authorities on a confiscated website was initially incorrect.

At the end of May, around 170 officers searched apartments and business premises in seven federal states during a raid against the last generation, according to the Munich Public Prosecutor’s Office and the Bavarian State Criminal Police Office. The charge is to form or support a criminal organization. The activists deny being criminals, although several members of the group have been convicted of criminal offences, some to prison terms. The raid was criticized by many as excessive. The group itself complained, among other things, that its members felt like they were being “treated with serious criminals”. The search operation was also defended by many other sides.

Ministry of Justice found preliminary investigations “justifiable”

According to Eisenreich, a criminal complaint by a lawyer was the reason for the investigation, and there are now 13 criminal complaints against members of the last generation. The initial suspicion against individual members had also been confirmed by an independent court – the search warrant had been issued by an independent court, he emphasized.

Eisenreich said that as important as the fight for climate protection is, the rule of law cannot accept crimes committed in the name of climate protection. “Good intentions” didn’t change anything about crimes.

As is usual in such cases, the Ministry of Justice was informed several times about the procedure. There, however, it is only checked whether the actions of the public prosecutor’s office are justifiable. And in that case, the responsible department of the ministry came to the conclusion that this was even “justifiable”. But there were only the reports and no agreements, it said.

Eisenreich was not able to spontaneously answer a question as to whether other judges had rejected such a measure before the search warrant was issued. But he assured full transparency.

“The presumption of innocence applies, of course”

The shutdown of the group’s website was also widely criticized at the time, with the note “The Last Generation constitutes a criminal organization pursuant to Section 129 of the Criminal Code”. The authorities had to backtrack immediately and emphasized that there was only an initial suspicion that it was a criminal organization.

Eisenreich admitted that the wording gave an incorrect impression. The public criticism was therefore justified. “In the preliminary proceedings, the presumption of innocence applies, of course, there is no doubt.” And that must also apply to every statement made by a public prosecutor.

Investigators assume a “conspiratorially operating structure”.

According to Eisenreich, the public prosecutor’s office based the initial suspicion on various points: According to the investigators, the last generation has “a professionalized hierarchical and conspiratorial structure” with several hundred activists nationwide. A “defining goal” is the commission of criminal offenses to gain media attention. This is shown, for example, by the fact that when recruiting, activists who are willing to go to prison are explicitly sought, he said.

In addition, the investigators pointed out that the numerous crimes posed a significant threat to public safety. The subject of the proceedings is also an attempted attack on an important transalpine oil pipeline. Overall, according to the investigators, an “escalation tendency” can be determined, said Eisenreich. The searches served to secure evidence and funds to commit crimes.

The last generation regularly draws attention to the consequences of global warming with sit-ins and actions in museums. Their members often stick to streets or works of art – but also obstruct emergency vehicles. They are also accused of attacking oil industry facilities. With their protest, the last generation wants to denounce climate policy deficits – for example with a view to the immense climate-damaging emissions from car traffic.

State Secretary Sandro Kirchner (CSU) was unable to comment on allegations by individuals affected outside of Bavaria that police officers had come to the searches with drawn weapons. In any case, no object was entered with a drawn firearm in Bavaria.