Germany: Police arrested more than 100 people who protested against the lockdown | Hacker News Reader

Germany: Police arrested more than 100 people who protested against the lockdown

reuters.com

2 pointshirako20007 comments

Context: demonstrations in Germany do not require permission [0] but they can be forbidden in case that they endanger the public safety or order. Such a ban has happened here on the advice of the health office. The protesters ignored it and gathered anyways. (There were no objections by the health office to distributing flyers instead but it seems that wasn't enough for them). They even did not seem to keep distance either.

Dissolving this protest feels actually warranted, in my opinion.

[0] They need to be announced in advance to authorities though, so preparations like securing the course of the march against traffic or providing a police escort can be made.

Some context on the freedom to gather/protest from NL, triggerd by your [0].

In NL our authorities are also keen to stress 'the need' for a protest to be announced to the local authorities.

However, it is only common courtesy to do so : constitutionally, there is no such requirement.

This need is actually a legal one, not only a recommendation.

The Basic Law for the Federal Republic of Germany (i.e. the 'constitution') says

Art[ikel] 8

(1) Alle Deutschen haben das Recht, sich ohne Anmeldung oder Erlaubnis friedlich und ohne Waffen zu versammeln. (2) Für Versammlungen unter freiem Himmel kann dieses Recht durch Gesetz oder auf Grund eines Gesetzes beschränkt werden.

Notice sentence (2) which says that gatherings outdoors can be restricted by law. This law is called Versammlungsgesetz [0] here and, among other things, it states that all gatherings except spontaneous ones (i.e. without any advance organization) have to be announced 48 hours in advance at the latest.

From what I can tell, such a relativization also exists in the Dutch constitution [1]. I do not think that I could look up the actual law specifying the details in a reasonable timeframe, though.

[0] https://de.wikipedia.org/wiki/Versammlungsgesetz_(Deutschlan...

[1] https://nl.wikisource.org/wiki/Nederlandse_grondwet/Hoofdstu... - "Artikel 9: Het recht tot vergadering en betoging wordt erkend, behoudens ieders verantwoordelijkheid volgens de wet. De wet kan regels stellen ter bescherming van de gezondheid, in het belang van het verkeer en ter bestrijding of voorkoming van wanordelijkheden."

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Edit: This, maybe? https://www.parlementairemonitor.nl/9353000/1/j9vvij5epmj1ey...

Thanks for your thorough reply, appreciated. I will keep it short though.

I can't speak for the German case, but I am sure about the Dutch one. However, if your demonstration is a threat to the public order ( health, traffic etc ) you are (criminally) responsible.

But this is always the case, demonstration or no demonstration.

So I will repeat, in NL there is no requirement to register your protest with the authorities.

Not sure where we stand with democracy these days.

May I suggest this as a coping method?

https://www.invidio.us/watch?v=AkE7Ju0cK5Y

Just imagine that the 100 people were Nazis.

I suggest you read the article, this isn't the police jumping in and arresting anybody the congregates in a group of more than 10. this is where protesters are given options alternatives and they refuse them, they then refuse to observe social distancing during their protest and then they are subsequently arrested. democracy is not dying because of the sort of arrests. and people that say that are being overly dramatic. personally I see it as an extension of natural selection, I don't care if all those idiots die, but they will spread it to others too.

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