Our complainant is an activist of the “Last Generation” and is committed to effective climate policy. He took part in a peaceful road blockade at a demonstration organized by the protest group. After the police restricted the assembly away from the street onto the sidewalk, he was carried away by the police. The police officers used pain compliance holds against our complainant and inflicted considerable pain on him, despite him being completely peaceful and passive.

Pain compliance holds are only permitted in absolutely exceptional cases

Pain compliance holds are martial arts techniques that cause pain through physical impact on pain-sensitive areas of the body or a lever effect. The police want to ensure that protesters comply with their requests without having to carry them away. However, pain compliance holds may only be used in absolutely exceptional cases if there is no means available that is more respectful of fundamental rights. As a rule, the police can - and must - carry protesters away without causing them pain. The police may not torture protesters out of convenience in order to avoid physical exertion or to deter protesters from future protests. This incident was and is also traumatizing for our complainant. The trial makes what he experienced even more present: "Having to deal with that day brings back the fear of the police and the emotional pain of being at their mercy. I would prefer not having to bring this lawsuit, but I know that someone has to put an end to these tactics," says the complainant Jonas Ertle.

The government must protect freedom of assembly

The deliberate and unnecessary infliction of pain during the dispersal of protests is a serious interference by the government with the fundamental right to physical integrity. In individual cases, the prohibition of torture under Article 3 of the European Convention on Human Rights may also be violated. Freedom of assembly is also at risk. If people have to expect extreme physical violence by police officers during peaceful protests, this has a considerable intimidating effect.

It is the duty of the government to protect citizens during peaceful protests. If people have to expect violence when they engage in peaceful protest, they are permanently deterred from voicing criticism of political and social developments in public. For some time now, the police have been increasingly using pain tactics against protesters. Particularly serious cases of police violence have been documented during the dispersal of sit-in blockades at climate protests, but also increasingly at pro-Palestinian protests.

Use of pain compliance holds must be restricted by the courts

No matter how brutal - the police authorities and police unions have so far defended every excessive use of pain compliance holds as lawful. That is why a court decision is needed that clearly states: Officers must exercise the government's monopoly on the use of force in a gentle and proportionate manner. With our complaint, we want to ensure that the Ansbach Administrative Court sets constitutional limits on the use of pain compliance holds to disperse protests. A court decision to this effect would have a direct impact on the practice of pain compliance holds at peaceful assemblies. In this way, we are helping to protect protesters and the freedom of assembly.

We filed our first complaint against pain compliance holds back in June 2023. We have also filed a constitutional complaint against the NRW Assembly Act, which is explicitly directed against the climate movement.