Thursday July 10, 2008, 5:50 am
Scandal of Justice Continues: New Extension of Remand in Custody for Animal Protectionists
Because the suspects refused to renounce animal protection, their remand in custody was extended on the grounds that there remains the risk they will perpetrate criminal offences!

The District Court of Wiener Neustadt extended the remand in custody of the ten animal protectionists for a further two months today.
Even after inspection of the numerous computers and photos that have been confiscated, not one single substantiating charge has been added and many of the existing charges that made the strong impression of having been fabricated have already been dropped by the Chief Public Prosecutor. Nevertheless, the authorities insist on further remanding the animal protectionists in custody.
Legal animal protection work put forward as grounds

The judge presents as grounds for the extension that there is both legal and illegal animal protection work, so it is to be expected that those who work legally on animal protection must also know about the illegal activities.

This is only one of the hair-raising arguments that have resulted in ten innocent people's being further robbed of their freedoms.

This is particularly absurd in Martin Balluch’s case: He was evidently asked if he would want to remain as chairman of the Association Against Animal Factories (VGT) if he were released. He naturally answered with “yes.” The court apparently considers this evidence of a risk that he will perpetrate criminal offences, and has used it to serve as further justification for his extended remand in custody.

Stefan Traxler, legal counsel to four of the accused commented, “The extension of the remand in custody is scandalous and completely excessive. Not only is there still no substantial evidence for criminal offences, but at these review proceedings once again files were referred to which defence counsel has no access to.”
Further files that amount to nothing

The new parts of files which were released by the Public Prosecutor last Friday contain no new counts of indictment, instead they indicate a surveillance operation of immense proportions.

For years, telephone calls were listened in on, entrances to private apartments put under video surveillance, individuals observed, and homing devices were even placed on cars.

Apart from the unbelievable cost of such an operation, what is most interesting is that the authorities are unable to find evidence of any criminal offences despite the incredible lengths they went to. The only conclusion that this warrants is that the operation was carried out on a hunch and the accusations are simply wrong.

Still the costs must be somehow justified, so ten animal protectionists must pay the price, so to speak. More “confiscations of computers” have been announced. How far do the authorities really want to go? It seems that the twenty-four controversial search operations have produced nothing of relevance, yet the authorities still intend to continue - in the hope that somewhere they will uncover something incriminating that in retrospect could justify the measures they took?!
Awaiting the decision of the Regional Appeal Court

A complaint against the remand in custody was sent to the Regional Appeal Court in Vienna (Oberlandesgericht) some weeks ago and a decision is to be expected by the end of the week. It is to be hoped that this decision will reinstate faith in justice and the rule of law in Austria.
Upcoming events:

* By the end of this week, Friday 11 July: Decision of the Regional Appeal Court in Vienna on the complaint against the remand in custody.
* 8 September 2008: The next scheduled review of the remand in custody.
* 21 July 2008: After two months of remand in custody, risk of collusion is no longer valid as an argument for continued remand. This could give rise to an extraordinary review of the remand in custody.

Thursday July 10, 2008, 8:27 am
This makes no sense at all! They are keeping these peaceful activists in jail, assuming that they MUST know something about the activity of other "animal groups" what kind of justice is that????? Talk about being judged by association! This is crazy! I, personally, hope that when this is done, they sue everyone responsible with this unlawful imprisonment.
I still crosspost petitions, send emails/faxes and I forwarded the signatures I collected from the colleges here (we managed almost 2000 when we were done) so I hope this helps. I am keeping them all in my prayers as well. As long as they are locked up, our animals continue to suffer. That hurts even more so for them I am sure....after all they have managed to do peacefully. Follow the money....someone wanted them jailed for a reason! As always, thank yous to you, Hans, Joanna and Alf for making a difference here.

Thursday July 10, 2008, 8:49 am
Hi people thank you!! We got 1000 signatures right now. Hans changed the goal for 1278, so we wait for more signatures.
Dusty you're GREAT thanks for your signatures - actually you've collected more than we...

Thursday July 10, 2008, 1:14 pm
I think that since 278 is the reason why they are in prison no crime!! The reason is 278! I want to add that to the 1000! Dusty did you allready submit your signatures to the VGT? I dont know when they want to present if for tomorrow is the last day of the work in parliament! Until 4 days for the elections end of september! If they are not free this week i guess we should switch from the petition to sending e mails! But not just 10 100 1000 of e mails every day! The whole green movement on this planet should
work together on this one! Not just the vegans and animal right activists!
I dont know how many but the green party in Austria will manage to get more
than 500.000 votes..so why is this petition just under 5000 after so many weeks! We have reached 1000 in less than 5 days and many things have gone wrong...the number of sites that have linked to the petition is tiny!
Where are all the people who are fighting for freedom?

Combined effort thats my story but it seems that even the organisations in
Austria do not work together! If they realy would be criminal i swear they
would work much more professional! This is no way to fight a war for justice! They should learn from Machiavelli!
All the people who have signed up to the group and support the activists
thank you so much for your help! I am sure that we must change history what Austria is trying to find out with this action is something that would fit perfectly to Hitler and Goebels! Makes me sick to see how they can do this and how the people in Austria can be so stupid! 95% or more of the Austrian citizens think that this is OK! Thank you all for helping to free them! I am sure that they are innocent and that there is no way that they belong to a criminal organisation! Right now they would even put Mother Theresa or the pope in prison...if they would speak up for these people and support them!

Thursday July 10, 2008, 1:23 pm
Now, the government and industry, working in cahoots, and
responsible for this disgraceful deed, have made the rest of the
world look back in history to a time when Austria was shamed for its
role in injustice and oppression.

Thursday July 10, 2008, 2:20 pm
noted,thanks Hans

Thursday July 10, 2008, 2:44 pm
DDr. Martin Balluch˘s Address to the Court at Remand Review Hearing of 7th July 2008

Your Honour,

As my right as accused (§176 StPo) I would like to take this opportunity to make a statement. After all, this concerns two months of my life. Two months which, according to the Public Prosecution, I should spend in a cell. In the past seven weeks imprisonment I have had to share a cell with a violent offender, who after having been sentenced five times already, has now been sentenced to exactly two months for committing grievous bodily harm. So, the judgement to be passed today is of grave importance.

The Public Prosecution has read out a long and impressive list of offences. One might well be forgiven for thinking that almost every shop has had windows broken and shop floor areas stunk out with butanoic acid. However, had the Prosecution read out a list of all car accidents which have happened over the last years, one would get the impression that nearly everyone must have been involved in a road traffic accident. But, wait! It is only through a statistical analysis that we can really assess such a list objectively.
Fact is, compared to international figures, the number of crimes associated with animal welfare in Austria is incredibly small!

Even in countries where animal welfare is less established such as the Czech Republic, Mexico or Spain there are higher numbers of animal welfare motivated offences. This is the case even though statistically speaking, Austria is the most animal welfare active country in the world. In terms of animal welfare over 600 animal protection protests, over 150 animal protection actions and over 50 animal protection events every year have to be weighted against a handful of criminal cases related to animal protection.

From a sociological point of view the interesting question is actually why animal welfare motived offenses are so minimal in Austria?

And further: why in that case has this draconian police operation been carried out precisely here in Austria?

The Public Prosecution and the animal welfare Special Commission set up by the Ministry of the Interior have carried out investigations for the last two years. They were unable to solve a single case, despite the massive surveillance measures taken which included wire tapping, bugging of telephones and homes, police infiltration and spying. Instead of coming to the logical conclusion that they were obviously on the wrong track and that maybe those responsible for criminal activities could be individuals operating alone or in small autonomous groups that do not publicly engage in animal protection, as indeed stated in the police files, the authorities wade in with a massive assault.

The reason can be understood as follows: Public Prosecution and the Special Commission do not want to lose face and be seen as unsuccessful and incompetent. Therefore, it was decided to carry out massive raids necessitating huge numbers of specially trained police officers against Austria˘s most active animal protectionists. And how were these measures justified? In the absence of any concrete suspicion a nebulous concept of a criminal organisation was construed. Because such an organisation needs to consist of 10 persons, 10 were randomly taken into custody. The fact that these people don˘t know each other and are involved with groups which have had no contact to each other for years, indeed groups which more or less regard each other as enemies, was completely ignored.

It is also remarkable that the Public Prosecution and the police have both persistently refused to interview me or present any evidence against me, although my lawyer has been making these requests for weeks. What other conclusion is one to draw from this other than they have no questions and no evidence.
A few critical questions immediately show that the accusation of a large criminal organisation is untenable:

* Why should those responsible for animal welfare motivated criminal activities be from a large organisation and not small autonomous groups? There is no evidence to support the existence of a large group. The real reason is that remand custody is only possible with the accusation of a large criminal organisation.

*

* Why are exactly these offences listed by the Public Prosecution attributed to the criminal organisation and not more and not less? There is no criterion for this allocation. The list is random: not too short, in order to make the organisation appear sufficiently dangerous, and not too long, in case it would appear exaggerated and unbelievable.

* Which persons are supposed to belong to this organisation and why? Again, no criteria are given. The 10 arrestees were chosen randomly, because a minimum of 10 suspects are needed for a criminal organisation; more than 10 would seem improbable. The fact alone that exactly 10 were picked out demonstrates the randomness behind this choice.

* It is utterly shocking to see how the Public Prosecution and the Special Commission are prepared to stop at nothing in order to save face. Obviously these people are unaware of the consequences of their actions!

* Countless people were assaulted in their own homes in the night by groups of armed, masked men. People, peacefully lying in their beds had spotlights shone into their faces and guns held at their heads. Of those affected by these attacks, some were people in the homes who had absolutely nothing to do with animal welfare, including a seven-year-old girl. All of the victims of this police assault have been severely traumatised.

* The private sphere of countless people has been invaded, their personal spaces ransacked and their possessions pried into.

* Ten people have been held for weeks, indeed months in tiny cells, robbed of their liberty. Unable to see the people and animals most dear to them, their entire lives have been put on hold. In addition the reputation of these people has been damaged beyond belief. From neighbours, work colleagues and acquaintances, to members of the animal protection organisations and the target groups of animal protection campaigns, all these people have been led to believe that there is the suspicion of criminal activity that does not exist.

* This police action has also caused an immense amount of damage to property, for example, to computers and notebooks which, must now be replaced. The damage to property for the VGT probably amounts to hundreds of thousands of euros.

The psychological damage caused by the Public Prosecution and the Special Commission, either through gross negligence or intentionally, cannot be rectified. Countless people have been severely traumatised, their trust in the State destroyed. Their homes have been violated and they themselves, humiliated. In the future they will live in fear. Most will need psychotherapy.

Public Prosecution and the Special Commission have even fabricated evidence. They have invented a witness statement and fabricated a case of arson. Those responsible for these crimes must be held responsible!

For the future, I have one last question. Today˘s hearing is not about guilt; it is solely about strong suspicion. When I am released, what should I do differently, according to the court, so that I will not be seen as suspicious, so that I will not to be put in remand detention?

ˇ Do I have to change my ethos, even though the constitution guarantees that I will not be disadvantaged because of my ideology?

ˇ Am I not permitted to carry out normal NGO work anymore, even though this work is accepted internationally and is not only necessary in a democracy, but also desired by a large majority of the Austrian population?

ˇ Am I not permitted to organise conferences or hold meetings for (new) activists?

ˇ Or am I not permitted to write books anymore or to collect and archive the data necessary for that?

ˇ If these questions cannot be answered clearly and satisfactorily, then how can my remand sentence be in accordance with the rule of law?

DDr. Martin Balluch

Appendix:

Analysis of the list of offences, which according to the Public Prosecution, are attributed to the allegedly existing criminal organisation.

At the remand review hearing on 6.6.08 the Prosecution read out a list of 33 offences. Five of these offences had to be immediately dropped because they are not covered by section 278a of the Criminal Code (criminal organisation):

1) Incident A-j was a classic run-in, which is a non-criminal act of civil disobedience, typical of NGO campaigning.
2) Incident B-a was a registered demonstration held in the presence of police: also fully legal.


3) Incident A-bb and A-ee concern the filming of the inside of a pig farm, accessed simply by walking through an open door without any damage to property, therefore also not a criminal act.


4) Incident A-y is, as detailed elsewehre, not a case of arson, but an incident involving the negligent installation and overseeing of a wood burning stove.


5) Incident A-dd concerns the puncturing of police car tyres and has no connection to animal welfare.

What remains are 22 incidents over a period of 6 years, with a total of damages amounting to certainly significantly less than 100, 000 euro. This works out at 3 incidents per year! These incidents can be categorised as follows:

* 7 butanoic acid stinkbombs

* 7 cases of broken windows

* 3 cases of sprayed graffiti / paint daubing

* 2 cases of damage to hunting platforms and to an empty, deserted pheasant enclosure.

* 2 animal rescues (pigs and pheasants) without any damage to property

* 1 threatening letter
Is it credible that within 6 years, with this level of activity the allegedly existing criminal organisation was able to exercise extensive influence over politics and the economy?

The sawing down of hunting platforms can in no way be construed as having influence over politics and the economy. Likewise the graffiti on the wall of a vivisector˘s house. The 2 animal rescues are obviously attempts to directly help two individual creatures and therefore, also not attempts to exercise influence over politics and the economy. A remaining 17 incidents took place over a period of 6 years. Fifteen of these were against the owner of the clothing store Kleider Bauer, 1 against a fur shop and a threatening letter was to a company carrying out animal testing.


DDr. Balluch has no leading role in the Kleider Bauer campaign, nor is he significantly active against fur. No individual in Austria is either running a general campaign against animal testing nor one against the company which received the threatening letter, or any other particular company involved in animal testing.



There is no indication that the same group of people is responsible for these incidents. There have been no concrete reasons for suspicion of being responsible for these offences presented against any of the accused!

Thursday July 10, 2008, 2:49 pm
DDr. Martin Balluch˘s Address to the Court at Remand Review Hearing of 7th July 2008

Your Honour,

As my right as accused (§176 StPo) I would like to take this opportunity to make a statement. After all, this concerns two months of my life. Two months which, according to the Public Prosecution, I should spend in a cell. In the past seven weeks imprisonment I have had to share a cell with a violent offender, who after having been sentenced five times already, has now been sentenced to exactly two months for committing grievous bodily harm. So, the judgement to be passed today is of grave importance.

The Public Prosecution has read out a long and impressive list of offences. One might well be forgiven for thinking that almost every shop has had windows broken and shop floor areas stunk out with butanoic acid. However, had the Prosecution read out a list of all car accidents which have happened over the last years, one would get the impression that nearly everyone must have been involved in a road traffic accident. But, wait! It is only through a statistical analysis that we can really assess such a list objectively.
Fact is, compared to international figures, the number of crimes associated with animal welfare in Austria is incredibly small!

Even in countries where animal welfare is less established such as the Czech Republic, Mexico or Spain there are higher numbers of animal welfare motivated offences. This is the case even though statistically speaking, Austria is the most animal welfare active country in the world. In terms of animal welfare over 600 animal protection protests, over 150 animal protection actions and over 50 animal protection events every year have to be weighted against a handful of criminal cases related to animal protection.

From a sociological point of view the interesting question is actually why animal welfare motived offenses are so minimal in Austria?

And further: why in that case has this draconian police operation been carried out precisely here in Austria?

The Public Prosecution and the animal welfare Special Commission set up by the Ministry of the Interior have carried out investigations for the last two years. They were unable to solve a single case, despite the massive surveillance measures taken which included wire tapping, bugging of telephones and homes, police infiltration and spying. Instead of coming to the logical conclusion that they were obviously on the wrong track and that maybe those responsible for criminal activities could be individuals operating alone or in small autonomous groups that do not publicly engage in animal protection, as indeed stated in the police files, the authorities wade in with a massive assault.

The reason can be understood as follows: Public Prosecution and the Special Commission do not want to lose face and be seen as unsuccessful and incompetent. Therefore, it was decided to carry out massive raids necessitating huge numbers of specially trained police officers against Austria˘s most active animal protectionists. And how were these measures justified? In the absence of any concrete suspicion a nebulous concept of a criminal organisation was construed. Because such an organisation needs to consist of 10 persons, 10 were randomly taken into custody. The fact that these people don˘t know each other and are involved with groups which have had no contact to each other for years, indeed groups which more or less regard each other as enemies, was completely ignored.

It is also remarkable that the Public Prosecution and the police have both persistently refused to interview me or present any evidence against me, although my lawyer has been making these requests for weeks. What other conclusion is one to draw from this other than they have no questions and no evidence.
A few critical questions immediately show that the accusation of a large criminal organisation is untenable:

Thursday July 10, 2008, 3:09 pm
It has become clear that exMinister Platter is finally responsible for the exaggerated, inhumane, illegal and blotted police action against 28 private residences as well as offices and that Dr. Maria Berger as Minister of Justice is finally responsible for the continuous detention without having any evidence against the jailed 10 people. It is suggested that as good coalition-partners both ministers should resign due to these and other cases, which are pending against them and that § 278a ÖStGB (formation of a criminal organization) should be called in concerning all criminal state-corruption and corporate cartel-building cases, but not be misused for the legitimate work of registered and recognized NGOs and their members, donors, sponsors or supporters.

Thursday July 10, 2008, 5:33 pm
So what you're saying, Hans, is that when I sent my email to Dr. Maria Berger she probably deleted it as it hit too close to home?? There are many things in life that I understand, many that I don't. This whole comedy of intentional "errors" is certainly at the top of the I DON'T UNDERSTAND column. If Shakespeare were still alive I wonder what he would write about this farce. Since Shakespeare isn't here amongst us I guess I will have to write and send all these emails to these clowns myself. I'll start writing tonite so I have a backlog I can fire whenever we need a bow hit.

Friday July 11, 2008, 12:36 am
Austria turns out to be as blind for justice as the lady on the picture is.
Continue of International pressure is needed,that's why we have to contact newspapers all around the world,get it in the news.
It's up to us contacting whoever might help to put pressure on Austria.That means polital parties,newspapers in your own country.Write letters,phone them.
Never surrender.There are many more activists in jail all over the world that in reality did nothing against the law.
If we don't stand up for them,who will do so??
Thank you Hans

Friday July 11, 2008, 1:49 am
URGENT URGENT URGENT PLEASE SEND MAIL TO MINISTER OF JUSTICE!

GLOBAL ALERT: 10. July 2008 -It has been leaked that the judge of the appellate court, who has to deliver her overdue verdict upon the appeal against the detention latest by 11. July 08 wants to sneak out. A tricky situation, because on the one hand she is said to be a hard-liner and not much sympathy is expected from her anyway whereby pleading with her might not help or would even be seen as interfering into her "independent" judgement, which she might like "to take not lightly". But if she doesn't deliver and goes then as planned away to her holiday's from Monday, the detainees have no chance as to wait until the 21 July 2008 inside their cells, when after two months of remand in custody the "risk of collusion" is no longer valid as an argument for continued remand. This could give rise to an extraordinary review of the remand in custody, since the other reason "risk to commit a further offence", according to legal experts, can already now not be held up any longer either.

It is, however, now important to demand from Justice Minister Dr. Maria Berger, that she would not allow the appellate judge to escape from her duties. It must be ensured that the judge ruling upon the appeal sets the innocent detainees free or at least she must deliver and be held later also accountable for her judgement. She must do this NOW!, while her minister has to guarantee that it happens.

Federal Minister of Justice; Frau Mag. Dr. Maria Berger; minister.justiz@bmj.gv.at

Friday July 11, 2008, 4:00 pm
Overwhelming Support for the Animal Protection Prisoners
We want to send out heart felt thanks to all those supporting our Austrian animal protection prisoners

Not only have protests taken place outside countless Austrian embassies in the world, but people have also been prepared to take up continued contact with embassy officials to press for explanations about the deeply worrying situation in Austria.
We are enormously grateful that people are taking the time along side their own campaigns, jobs and families to support colleagues so far away.
We know that the vast amount of protest letters being written are starting to cause discomfort for Austrian politicians.

International organisations, scientists, academics, writers and artists have also been active; writing statements to show their disgust at this state repression and their support for the prisoners. Ingrid Newkirk, founder of PETA reminds us of the following quote in her statement:

.......A Lutheran pastor and survivor of a Nazi concentration camp once said: "First they came and took away the communists and I did nothing because I wasn't a communist. Then they took away the Jews and I did nothing because I wasn't Jewish. Then they took away the unionists and again I did nothing because I wasn't in a union. And then, when they came for me, there was no one there to stop it."

Read the statements of other well-known individuals and organisations.
http://www.vgt.at/actionalert/repression/prominente/index_en.php

We look forward to our imprisoned colleagues being able to thank you themselves, but until that day we must continue to sound the alarm about this attack against democracy.

Saturday July 12, 2008, 2:31 am
Noted, thanks Hans!

Saturday July 12, 2008, 4:51 am
Noted! There was a place for a comment on this story and I gave them one that they will not soon forget. Their behavior is disgraceful. Sorry I don't have more time to devote to this.

Saturday July 12, 2008, 4:59 am
Anyone who has sent a clear comment to Austria will help to get them free!
I guess that the number of letters and mails from all over the world is ten times higher than the echo from Austria....But its still not enough!
Que Sera sera! Its all up to the judges! No chance for the advocates!
And no chance for democracy! If even african people write and state that that what is happening is worse than the human rights situation in Africa
you know how bad that is...AUSTRIA=ZIMBABWE! Congratulations President Fischer!

Saturday July 12, 2008, 5:13 am
The top of hypocrisy is that Austrians want to celebrate from the 90th birthday (18. July) of Nelson Mandela in Vienna for 3 days. They really want to celebrate a former political prisoner, for whose release Austria has done absolutely nothing, and they dare to do it, even if it is for them only a gimmick to boost the income of the Africa Days, while their government keeps political prisoners in their dungeons? WHAT A SHAME!

New Interior Minister Fekter, who even hasn't answered the parliamentary questions on the arrests, wants now to install as her first act in office video-cameras in schools and thereby break the constitution already. She better should instruct her intelligence service to monitor herself and her sick governing colleagues.

One can only walk away from Austria and this is what all the clear-minded Mediterranean states as well as the all the sober nations, who have to vote on Austria's seat in the Security Council, will do.

Saturday July 12, 2008, 3:12 pm
Its incredible that this can happen in 2008! Austria is realy going back in time! And i cannot imagine that anyone on this planet wants to see this dark site of Austria! It realy is strange when african people can comment that they have better human rights than Austria! This is realy insane! Lets stop this by writing to the right people! All together on the same days to the same people...bomb the mail boxes of the most important people in Austria!

Monday July 14, 2008, 3:16 pm
!!! THE APPELLATE COURT JUDGE MUST DELIVER TODAY !!!

- 10 innocent animal-rights-advocates in jail, 23 private homes and offices stormed and ransacked illegally by rogue and excessive police squad, 1000nds of documents with campaign and personal data of NGO sponsors misapprehended, Austrian Green Party preparing criminal charges against state-investigators -


Police and court atrocities by Nazi-Austria's police-state-organs:

10 phone connection and GPS monitoring observations reaching into the past

4 determinations of IP addresses

1 intrusion into an e-mailbox and download

1 establishment of bank and banking data

15 video observations

17 direct observations

2 installations of hidden GPS monitoring systems on private vehicles

12 concurrent phone connection and movement monitoring observations

12 concurrent total communication surveillance cases

23 searches at private and office premises

14 arrests

10 detentions

10 extended detentions

10 prolonged detentions

Tuesday July 15, 2008, 2:40 am
"A society whose citizens refuse to see and investigate the facts, who refuse to believe that their government and their media will routinely lie to them and fabricate a reality contrary to verifiable facts, is a society that chooses and deserves the Police State Dictatorship it's going to get."

-- Ian Williams Goddard

Tuesday July 15, 2008, 12:24 pm
This is just outrageous. This is making the name Austria really dirty in the eyes of the world, and if they think it will be easily forgotten, they´re very much mistaken, and a lot of people won´t want to touch Austria with a barge-pole.

The hypocrisy of the Nelson Mandela celebration too, I cannot believe my ears. That just smells of dirty arse. Yuk.

Emails sent.

Thursday August 21, 2008, 11:13 am
Today they are in prison without being charged since 90 days! And they can be in prison without being charged for 2 complete years! Thanks to the mafia law 278 a! But Dr. Dr. Balluch and the other prisoners are AR campaigners no criminials! Set them free or charge them!

Friday August 22, 2008, 1:45 am
WHO CARES?

Friday August 22, 2008, 2:38 am
Lady Justice is realy blind! And since the government is too busy with the new election and this is no topic at all in the election they have just bad luck....i think they will have to wait for a new government...The legal system is comletely independent but without Minister Platter this would never have happened!

Tuesday September 2, 2008, 8:48 am
THEY ARE ALL FREE!!! THANK YOU ALL FOR YOUR SUPPORT