The detention of 22 climate activists from the “Last Generation”, who were taken to the Rossauer Lände police detention center (PAZ) on February 28, 2024 after a gathering in front of parliament was dissolved to establish their identities and locked in a 25.85 square meter cell for two hours, was not legal. This was determined by the Vienna Administrative Court.
The ruling issued last Thursday is not legally binding. “The Vienna State Police Directorate will appeal against the Administrative Court’s ruling,” the police press office said in response to a query. This was subsequently confirmed by Interior Minister Gerhard Karner (ÖVP). “I cannot understand this decision by the State Administrative Court. I have therefore instructed the Vienna State Police Directorate to take the necessary steps to challenge this decision,” said Karner.
41 people arrested
The “Last Generation” had demonstrated in front of parliament for the fundamental right to climate protection. 41 people were arrested by the Vienna police and crammed into two small cells, each designed for six people, separated by gender. According to the administrative court, the prison conditions did not meet the minimum requirements for respecting human dignity.
1,23 Quadratmeter pro Person
The ruling (VWG-102/067/5000/2024-13) states that the women had an area of 1.23 square meters each at their disposal for hours, with the space in the cell additionally “restricted to a not inconsiderable extent” by three bunk beds, three closets, three benches and a table. The women sometimes had to eat their food standing up or sitting on the floor. “The air was stuffy and the noise was unpleasant,” the ruling states.
“Climate activists also have human rights”
“This makes it clear that we climate activists also have human rights. And that the authorities must respect these,” said climate activist and former ski racer Julian Schütter (26), one of the complainants in the successful case. “A 110 kg fattening pig in organic farming is entitled to 1.3 square meters of space in Austria. The Vienna State Police Directorate only granted us around 1.2 square meters on that day, which is less than pitiful animals from factory farming. And all this harassment just because we are protesting for a basic right to climate protection,” emphasized Lukas Zimmermann (28), another activist from the “Last Generation”. The data analyst had to share a six-person cell with 18 other men.
“Clear boundaries shown”
The lawyer for the “Last Generation”, Ralf Niederhammer, explained in a press release: “It is particularly disturbing that the State Police Directorate was of the opinion that recognized minimum standards for detention in custody did not apply. The Vienna Administrative Court has shown the Vienna Police a clear limit that must be observed in future detentions and will hopefully prevent similar situations.” The decision will set a precedent for other affected parties.
The administrative court rejected the argument that the representatives of the “last generation” had been detained “only briefly” under the cramped conditions. “A human rights violation is a human rights violation, regardless of whether it lasts hours or days. It is absurd that we have to have this clarified in court. In a constitutional state and a democracy, this should actually be clear to the executive,” emphasised Schütter.
The Vienna State Police Directorate can lodge an appeal against the decision with the Constitutional Court (VfGH) or an extraordinary appeal with the Administrative Court (VwGH). This appeal must be lodged within six weeks of the decision being served.