Lawsuit against schleierfahndung

The state-wide dragnet in Bavaria leads to a general criminalization of foreigners – the Bavarian Grunens believe and are suing in the State Interdiction Court

So far in Bavaria, a black person has a good chance of being checked by the police on the train. Because he is black. Now the Grunens want to take legal action against the section of the police law that requires and allows this kind of search.

In 1995, Bavaria was the first state to introduce such "police checks without suspicion" a. They should compensate an alleged threat of the opening of the borders. All over the country, police officers can check on transit roads, train stations, in trains and near the border, who they consider suspicious based on their appearance.

"The law has a discriminatory effect, people who look different are under blanket suspicion", says Grunen legal expert Susanna Tausendfreund, explaining the complaint. At the beginning of next week, their Grune parliamentary group will file a complaint, at the same time three members of parliament will file a popular complaint. This is possible in the Free State even without personal involvement.



The lawsuit invokes the right to informational self-determination, which the Federal Constitutional Court (BVG) derived from Article Two of the Basic Law in the People’s Payment Judgment. The Bavarian constitution contains a very similar section. Thus, the Greens also firmly expect that the lawsuit will be successful. A decision will be made in eight months at the earliest. According to a legal opinion, the Greens think they have a good chance of success. However, if the court recognizes the dragnet as verfangsgemab, they will continue to sue before the BVG, because then the Bavarian interception would violate federal law.

The chances of success of the lawsuit are increased by a decision of the Mecklenburg-Western Pomerania Constitutional Court. In October of last year, the court declared the statewide dragnet to be unlawful. In principle, controls are only permissible within a 30-kilometer cordon at the border, and on long-distance roads in the interior of the country only if they are legally defined "Thresholds for intervention".

Bavaria’s Interior Minister Gunther Becksein has no sympathy for the Grunen’s complaint: "The suspicion-independent control has proven to be indispensable. Whoever wants to tamper with this endangers the internal security of our country", he explained. similar to Baden-Wurttemberg, Saxony, Thuringia and Hesse. The fact that dragnets are not a means against criminals, but against criminalized foreigners, was unconsciously revealed by Bavaria’s Secretary of the Interior Hermann Regensburger during a speech in early April. He spoke exclusively of "Romanian gang members, Turkish perpetrator groups, Swedish Sinti, Polish nationals, Czech Parchen and smuggled Armenians".