RAV demands the immediate cancellation of all postponeable court dates
Nationwide, public health offices and relevant ministries are understandably calling for a reduction in unnecessary close physical contact (social contacts). Mobility has also been severely restricted by the government. This is the only way to contain the rapid spread of the virus. The justice system, too, must respond to the coronavirus pandemic as quickly as possible.
“The first step must be to immediately cancel court dates that can be postponed in accordance with the law,” said Dr. Peer Stolle, Chairman of the Board of the RAV. “Deadlines for submitting statements in court and administrative proceedings must also be extended immediately. The rule of law must do its part in combating the pandemic.”.
Every court hearing and the associated travel exposes all participants to an avoidable and therefore unnecessary risk of infection. This directly contradicts all legitimate efforts to slow the spread of the coronavirus in Germany.
From the RAV's perspective, it is therefore essential to cancel all court hearings that can be postponed by the courts at least until the end of April 2020. In the case of unavoidable court hearings – such as in criminal proceedings involving pre-trial detention, guardianship cases, or domestic violence protection proceedings – appropriate protective measures must be taken for the parties involved.
According to the RAV (Representatives' Association of Prisoners), detention cases must be reviewed with particular care in light of the critical situation in correctional facilities. The question of whether detention is based on risk of flight is entirely new. In a society where the state is increasingly restricting social life and closing borders due to a pandemic, the opportunities to evade prosecution by fleeing have decreased significantly. "It is therefore necessary to examine whether arrest warrants based on risk of flight can be revoked or suspended," says Dr. Björn Elberling, a member of the RAV's board. "This would significantly reduce the risk of infection for all prisoners in correctional facilities. The situation in prisons must be adapted to the current crisis immediately.".
To counteract the spread of the Corona epidemic here as well, the RAV demands nationwide:
– No enforcement of substitute custodial sentences for the next six months
– Suspension of current substitute custodial sentences
– Amnesty for all prisoners with (remaining) sentences of up to six months
– Release of all persons from deportation detention
– Suspension of service of decisions with a one-week period for filing an appeal or application
– Appropriate structuring of deadlines for statements in court and administrative proceedings
Contact: Attorney Dr. Lukas Theune, Tel. 030-23 56 44 36
