In connection with the so-called Fretterode proceedings before the Mühlhausen Regional Court (Case No.: 3 KLs 101 Js 47753/18 jug), a search warrant issued by the Mühlhausen District Court on June 16, 2022, was executed on Tuesday, September 13, 2022, at the request of the Mühlhausen Public Prosecutor's Office. The apartment of a journalist was searched and several technical devices necessary for carrying out journalistic activities were seized.
The 32-year-old journalist is suspected of having erected posters in Hohengandern on the night of April 27-28, 2021, bearing the slogans "3 Years No Trial" and "Crime Scene Fretterode." The posters depicted the defendants from the so-called Fretterode trial, thus violating copyright law. The posters generated considerable media attention. The journalist was not present at the scene and, despite his legal representative requesting access to the case files in November 2021, was never questioned by the Mühlhausen public prosecutor's office. The public prosecutor's suspicion is based on a complaint filed by Thorsten Heise, the father of one of the defendants, "against persons unknown," and, according to the search warrant, solely on the grounds that a mobile phone with a camera pointed at the posters was found near them. The mobile phone was attributed to the journalist. The fact that the journalist was engaged in such activities was known to both the public prosecutor's office and the Mühlhausen district court when the search warrant was issued and is mentioned therein.
“Despite being aware of the journalist's journalistic activities, the search warrant contains no consideration whatsoever of the right of the free press, particularly the right to investigative work. Had the journalist been asked, he could have proven his non-involvement in putting up the posters. Such a significant measure as a search of his residence and the seizure of various technical devices, including routers and internet-enabled televisions, as ordered by the warrant, constitutes an unjustifiable infringement on press freedom,” says Göttingen lawyer Sven Adam, who represents the journalist, expressing his astonishment at the search and seizure. “Here, based on a complaint filed by Thorsten Heise in 2021, a search under the Code of Criminal Procedure (StPO) is being carried out two days before the verdict in the Fretterode trial. In my opinion, this search is unlawful under press freedom, and certainly disproportionate and unnecessary. Inexplicably, this same search was not conducted in the Fretterode trial itself on the day of the alleged offense.” Adam also criticizes the context and timing of the measure. "It is to be hoped that the Mühlhausen public prosecutor's office will now immediately return the confiscated devices and protect the journalist's address from access by third parties, possibly solely for the purpose of filing a complaint," Adam concluded.
Immediately after the search and seizure order was completed, an appeal was lodged with the Mühlhausen District Court and access to the files was requested again.
For further questions, please contact attorney Sven Adam using the contact details provided.
