Legal Information for visiting the STOP DEPORTATION! PROTEST CAMP
!This flyer is not comprehensive. There will be further workshops, counseling offers and information material on legal topics at the camp!
1. Arrival
Participation in a registered protest camp is legally unproblematic for almost everyone and is legally equivalent to participating in a normal rally. There will be explicitly no direct actions planned or carried out at the camp that could bring us into conflict with the law. Unfortunately, we still have to assume that the police will check and search people when they arrive, even if the right to access the camp is protected by the right of assembly. BIPoCs are at risk of illegal but common place racial profiling by police. For your safety, it is best to always travel to and arrive at the camp with a group.
Detailed information on safe arrival will follow.
2. (Racist) police controls:
- Be sure to check all your bags before heading to the camp and make sure you are not carrying anything “illegal” (drugs, knives, etc.). Carrying weapons, which includes even a pocket knife, at political events is a criminal offense!
The consequences in case of prosecution can be especially severe for people with precarious residency status. If you are accused for any offence, the police or public prosecutor’s will inform the Foreigners Authority (Ausländerbehörde). Convictions for criminal offenses can, for example, make it more difficult to obtain and extend a Duldung and jeopardize your residency status. - Cell phones are also of interest to the police for various reasons. Be sure access to your phone is locked and password protected.
- If you are stopped for a police control, you should object clearly, ask for the reason of the control and point out that you feel your fundamental right to freedom of assembly is being infringed upon. Do not give out any personal information about yourself except for the data on your identity card (first name and surname, date and place of birth, address of registration and nationality). Participation in the camp is perfectly legal. There is no reason to be provoked by the police.
- Be aware that a confrontation with the police can be violent. This almost always has negative consequences for you. Stay calm, cooperative and cool. Even “tearing loose” can, according to new legislation, be considered “resisting police” (a criminal offense!).
- If you are controlled by the police and do not hold a German passport, your residence permit in Germany can be checked. This is usually done through proof of citizenship or relevant documents (residence permit, Duldung, Aufenthaltsgestattung, etc.).
- If you do not have any proof of identity with you, you risk being taken to the police station to determine your identity!
- Important note for people without papers: If the police finds out that you do not have a valid residence permit, they can detain you and initiate criminal proceedings against you. You could face the threat of deportation, as well as serious difficulties in the future, e.g. with applying for visa applications. Discuss possible consequences with your friends.
3. What to do if the police takes you away:
- At the police station you have the right to two successful phone calls. Be sure to call the Legal Phone of the camp organization (030-863214060) or, if you have one, your lawyer. The police must tell you where they took you and what they are going to do with you. Be sure to give your name and date of birth on the phone or the incident number (the police must also tell you this)! We will take care of organising (legal) support for you and pick you up from the police station, and if necessary also from the court. Write the numbers on your arm or a part of your body or memorize them, just in case.
- Please call the Legal Phone again when you have been let out.
- Absolutely refuse to give any statement! After giving a statement, anything you say can be used against you. You do not have to make a statement to the police on your own, and you should avoid it at all costs. If you feel you want to say something, state that you will only make a statement with legal assistance.
- Do not sign anything!
- If the police cannot establish your identity, they may treat you for identification purposes (ED): they take photos of you, take fingerprints and record physical characteristics (eye color, scars, tattoos, etc.).
- You have the right to go to the toilet and to get something to drink. If you are detained for a longer period of time, then you must also be provided with food and medicine.
- Unfortunately, you do not have the right to an interpreter. Assume that the police do not even speak English.
4. Police on the campsite:
Unfortunately, we cannot assess whether the police will find a reason to be present at the camp itself. However, since we are certainly a thorn in the side of the authorities, there will probably be undercover agents to keep an eye on things. Be alert and please report any police check as well as suspicions of civil police to camp organizers.
5. Participation in the demo:
- The above information also applies for participation in the demo on Monday.
- In case you are arrested, call the camp Legal Phone as well. Tell them who you are (name, date of birth or incident number), where you are and what the police plan to do with you.
- Please call the Legal Phone again when you have been let out.
6. After contact with the police:
- Please inform camp organizers about (racist) police checks, so that we can keep track of and better deal with the problem.
- Write down everything that you remember happening to you.
- If you feel bad after the contact with police, do not hesitate to approach or call our Awareness Team (general: 0152-10128593, BIPoC: 0152-15125995). There are BIPoC, Flinta* and TINA safer spaces, where there are people who can take care of you. We also try to give legal support in case of questions or uncertainties, including if you face legal consequences after the camp.
7. Advice for non-BIPoCs in case of racist controls:
- Use your privileges and stand in solidarity with the person being checked.
- Stay cool and do not escalate the situation unnecessarily. Do not provoke the police!
- Don’t let the police turn you away, and pay attention to how the affected person is feeling.
- Ask the person if there is something you can do and if they want you to stay.
- Document racist police practices (e.g., through writing a protocol of what you saw) and be aware of legal aspects of filming, such as obtaining the consent of the person affected or making their face unrecognizable. Ask the person concerned for their consent, and if they agree, send the recordings to a solidary organization like KOP Berlin. Also inform the Camp Orga about the incident.
- Should the person be taken away, ask for their name and date of birth and be sure to call the Legal Phone. Try find out where the person is being taken.
The most important things to do in case of police checks or detention:
- Disagree with everything
- Stay calm and friendly
- Refuse to make a statement
- Do not sign anything
- If arrested, call the Legal Phone (030-863214060)
- On release, call the Legal Phone again