Activists face 'extreme isolation' in German prisons after Elbit break-in, families say
Five anti-arms trade activists accused of breaking into a facility owned by Israel's largest weapons manufacturer in Germany have spent months in pretrial detention under highly restrictive conditions, according to their families and lawyers.
The activists, who are from Germany, Spain, Ireland and the UK, were arrested on 8 September following the alleged break-in to the premises of Elbit Systems in the southwestern German city of Ulm.
The group - Daniel Tatlow-Devally, Zo Hailu, Crow Tricks, Vi Kovarbasic and Leandra Rollo - are accused of damaging the building's glass facade and smashing office equipment, including computers, screens and telephones.
In addition to charges of trespass and damage to property, the five are accused of "membership of a criminal organisation" - namely Palestine Action Germany - under Section 129 of the German penal code.
The legislation is typically used to target organised crime networks and carries a potential sentence of up to five years in prison.
The families allege that, following their arrest, the defendants were stripped to their underwear, with one defendant held for six hours wearing nothing but a nappy.
They said that the group were offered police-appointed lawyers while their chosen legal representatives were denied access.
The activists have remained in pretrial detention since their arrest, after a Stuttgart court deemed them a flight risk.
Under Section 129, suspects can be held for up to six months before trial, though lawyers say this period has now been significantly extended.
By the time the trials are expected to conclude, the five will have spent around around 11 months in custody.
The defendants are being held in separate prisons and are not permitted to communicate with one another.
Their families report that some of the prisoners have been locked up in solitary confinement for hours at a time, with family visits heavily restricted and closely monitored by police officers.
'No phone calls, no visits, nothing'
Mimi Tatlow-Golden, the mother of one of the defendants, said Daniel Tatlow-Devally, who is held at a prison in Ulm, is locked up for 23 hours a day.
She said Daniel was permitted only one hour of gym time a week and an hour in the yard each day, though the gym session is sometimes denied due to staff shortages.
"No phone calls, no visits, nothing for a full month, and no news transmitted to Daniel," she said at a press conference. "They thought we'd disowned them."
'Daniel wrote to their partner, saying: "It's now been five months and I haven't had any physical contact with a human being'''
- Mimi Tatlow-Golden, defendant's mother
Speaking to Middle East Eye, she said that for several months, visits took place behind a plexiglass barrier.
"I knew theoretically that physical contact is really important, but [until] you're not allowed to touch your family member, you don't realise what a toll it takes," she said.
"Daniel wrote to their partner, saying, 'It's now been five months and I haven't had any physical contact with a human being'."
She said that members of Ireland's parliament raised concerns with the German ambassador, who took it to the German foreign office. The barrier was subsequently removed. Authorities reportedly said the court had not ordered the measure.
She also said that when the activists are permitted visits or calls, their conversations are monitored and recorded by police representatives, except for meetings with their legal representatives.
"Every letter is opened and read and translated," Tatlow-Golden said. "Every visit is attended by a translator and one or two police representatives. A report is then sent to the prosecutor about the whole content of every conversation."
The defendants and their families are barred from mentioning the case. If they do, prison staff end the meeting immediately.
"We really don't know anything because we're not able to discuss, support or advise our family members," she said.
Rosie Tricks, the sister of co-defendant Crow Tricks, said the level of surveillance has inhibited the defendants' ability to speak freely with their families about their conditions.
"We're not having detailed conversations about their conditions," she told MEE. "I don't know whether that's because Crow is worried about repercussions, or trying to protect us."
'Empty words'
Lawyers representing the group say authorities have failed to provide case-specific justification for the restrictive measures imposed, with their justifications amounting "to empty words" that "lack any reasoning specific to the case".
Nina Oner, who represents one of the defendants, told MEE that the authorities have failed to provide concrete justifications for the measures.
'They're painting this image of people with 'high criminal energy'. That's the exact wording they use, which, in our view, is just a joke'
- Nina Oner, lawyer for defendants
"They're just repeating the law without giving us actual reasoning connected to our specific case," she told MEE.
The defendants have been repeatedly denied bail, with the court citing varying reasons, including concerns around flight risk.
According to Tricks, one of the bail stipulations put forward by the court was that the family could not suggest addresses where the defendants would reside in Berlin.
"There was this idea that they would disappear off into Berlin and never be found again," Tricks said.
An alternative address outside the city, near a police station, was also rejected.
"From our perspective, we had done everything we could to put together a solid offer," Tricks said.
Oner said that the use of Section 129 charges facilitates the lack of transparency around the decision to implement the restrictive measures.
"It makes it easier for them to say, we have to do this because of public order, because they're painting this image of people with 'high criminal energy'. That's the exact wording they use, which, in our view, is just a joke," she said.
Section 129 is increasingly being used by the German authorities to crack down on direct action protests, allowing for the police to monitor activists and conduct raids on their homes.
In May 2024, five members of the German climate group Letzte Generation were charged under the same provision in what is thought to be the first instance of the law being used against a peaceful protest group.
The charges followed a two-year investigation into the group that included raids on members’ homes and surveillance of communications.
Mary Lawlor, the UN special rapporteur on human rights defenders, expressed concern at the time over the "necessity and proportionality" of applying the law in such cases.
"We note that section 129 is primarily used to target organised criminal groups seeking to enrich themselves through illegal acts, or who pose a threat to the public, and underline our fear that in this case it appears to be being misused to sanction acts of civil disobedience," Lawlor said.
MEE contacted the German Ministry of Interior, the Ministry of Justice and the State of Baden-Wurttemberg for comment, but did not receive a response by the time of publication.
This article was sourced from Middle East Eye.
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