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CRIME

State: school shooting killer mother must pay

German lawyers have said they will demand millions of euros in damages from the mother of a boy who killed himself and 14 people and injured a further 14 in a school shooting in 2009, for what they say was a breach of duty on her part.

State: school shooting killer mother must pay

The mother of Tim Kretschmer, the then 17-year-old boy who opened fire at his school in Winnenden in Baden-Württemberg in March 2009, will be asked to pay €9.3 million in damages for her role in the tragedy, the Stuttgarter Zeitung said over the weekend.

Four years after the incident, authorities are now claiming that the killer’s mother shared responsibility for the murders along with his father, who was sentenced in 2011 to 15 counts of manslaughter through culpable negligence after he was found to have left a weapon in an unlocked cupboard in the couple’s bedroom.

The gun was her shared responsibility, say claimants, and she committed a breach of duty because she knew her son had psychological problems at the time of the shooting.

The claim comes from local authorities in Winnenden, which together with the regional state accident insurance company paid out for restoring and reopening the Albertville-Realschule school following the incident, as well as for renting a replacement building in the interim and seeing to psychological treatment for survivors.

The mother’s lawyer Erik Silcher told the paper there is no proof of breach of duty, in that she could not have been expected to have kept an eye on her then 17-year-old boy day and night. His client will fight the compensation demands, added Silcher.

Meanwhile, wrote the paper, the killer’s parents, who now live under police protection programme, are hoping to sue the clinic in Weinsberg which had been treating their son Tim at the time of the shooting for €8.8 million – money they say will go straight to the relatives of the dead and injured.

DPA/The Local/jlb

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CLIMATE CRISIS

Why are Last Generation activists in Germany getting prison sentences?

A Last Generation activist was sentenced to prison for criminal acts of protest on Wednesday. As investigations into the climate group continue, The Local takes a look at how German prosecutors are coming down hard on its activists.

Why are Last Generation activists in Germany getting prison sentences?

The Tiergarten District Court sentenced a leading member of the Last Generation climate activism organisation to a prison sentence of one year and four months without parole on Wednesday.

The sentence was confirmed to Tagesspiegel by a spokeswoman for the court.

Charges were brought against 32-year-old Miriam M., a leading organiser for Last Generation who has previously been fined for acts of protest. 

She has been found guilty of resisting law enforcement officers, damage to property, and coercion (here meaning recruiting members to commit similar acts).

According to the court, M. played a significant role in at least seven previous actions including five road blockades, and smearing orange paint on the façade of the Federal Ministry of Transport as well as the Gucci store on Berlin’s Ku’damm.

Miriam M. commented on the indictment on Platform X, suggesting that her crimes were committed in an effort to “to preserve our safe life in the future”.

READ ALSO: ‘Prepare for 3C rise’ – Europe warned it must do more to deal with climate crisis

In a statement on X, Last Generation stated: “If peaceful protest is criminalised, it concerns us all.”

This verdict comes as prosecutors across Germany appear to be cracking down on disruptive climate protests, especially on members of Last Generation.

This sentencing of M., along with the rulings on a number of on-going cases brought against her and other Last Generation members can be expected to shape how the German judiciary deals with disruptive climate protests going forward.

What’s the case against Last Generation?

Last Generation members are the target of multiple ongoing investigations in Germany. Several of which are looking into the suspicion that Last Generation is a “criminal organisation”.

As reported by Spiegel, the public prosecutor’s office in Neuruppin, a town in Brandenburg, has filed charges against five climate activists for the formation of a criminal organisation.

The initial crime at the centre of the Neuruppin investigation: tampering with an oil pumping station. Last Generation members admitted to turning off a pipeline connected to the PCK refinery in Schwedt with an emergency off switch.

oil pipeline shut down

Self-portrait of two members of Last Generation after they shut down an oil pipeline in an act of protest. Photo provided by Last Generation.

READ ALSO: Will US climate plans affect German gas supply?

The Flensburg public prosecutor’s office followed with its own charges brought specifically against Miriam M., on the suspicion that she “participated in a criminal organisation”.

This indictment also mentions a case of tampering with a crude oil pipeline as well as glueing herself to the runway of the Munich Airport, and taking part in the group that sprayed orange paint on a private jet on Sylt.

The Munich public prosecutor’s office is also investigating Last Generation.

But legal opinions are divided as to whether or not Last Generation should really be considered a criminal organisation.

According to Section 129 of Germany’s Criminal Code, an association is considered criminal if its purpose is to commit crimes – specifically crimes that are serious enough to warrant a two-year prison sentence. 

According to Reinhard Röttle, attorney general in Munich, the case is clear. He told Spiegel that the group “openly calls for crime and recruits members for this purpose”.

road blockade

Members of Last Generation block a highway in protest of Germany’s lack of action on climate change. Photo: picture alliance/dpa/ZUMA Press Wire | Andreas Stroh

But the chair of German and European criminal law at the University of Trier, Mohamad El-Ghazi doubts that the crimes committed by Last Generation have exceeded the threshold of significance: “We must not shoot sparrows with cannons”, he said about the cases brought so far.

Are climate protest groups being disproportionately targeted?

A common critique of Last Generation and similar activist groups is that they cross the line from peaceful protest to criminality when they block traffic or damage property.

However, members of the groups saying that politicians, corporations and society at large tends not to react to protests that aren’t disruptive.

A statement posted by Last Generation on X on Wednesday sums up the sentiment among young people in Germany who are concerned about the government’s watered-down climate policies:

“Breaking: The federal government is reacting to our protests and tightening the climate protection law!

Oh, misread.

The climate protection law is being watered down. Laws to ‘deter activists’ are being tightened.”

The post links to a press release from Germany Interior Ministry announcing that the Federal Cabinet adopted a draft law intended to increase the punishment for people who trespass on airport tarmacs.

If the law goes forward, protestors could face up to two years in prison should they try to block an airport runway in the future.

READ ALSO: INTERVIEW – ‘Failed climate policies are fuelling far-right politics in Germany’

Germany has a reputation for a strong commitment to freedom of speech and the right to protest. But some watchdog groups suggest that these standards are slipping.

Global civil society alliance CIVICUS, which monitors civil freedoms around the world, downgraded Germany’s human rights rating from “open” to “narrowed” back in 2023.

The report cited disproportionate force used against climate protests, and the police raids against Last Generation specifically in their report.

“Germany used to be one of the most free countries in Europe. Now Germany is leading the pack in the EU-wide crackdown on climate activism,” said Tara Petrović, CIVICUS Monitor’s Europe and Central Asia researcher in a statement.

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