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Yves here. One troubling trend is the erosion of the rule of law in Europe, often attributed to various external pressures such as “Putin” or the defense of heinous acts. Germany is significantly affected by this phenomenon. The following article engages in standard Russia criticism to establish a pro-democracy stance while examining a trial involving pro-Palestinian activists that makes kangaroo courts seem almost legitimate.
By C.J. Polychroniou, political scientist, political economist, author, and journalist who has taught and worked in multiple universities and research centers across Europe and the United States. His most recent works include The Precipice: Neoliberalism, the Pandemic, and the Urgent Need for Radical Change (2021, interviews with Noam Chomsky), Economics and the Left: Interviews with Progressive Economists (2021), Illegitimate Authority: Facing the Challenges of Our Time (2023, interviews with Noam Chomsky), and A Livable Future Is Possible: Confronting the Threats to Our Survival (2024, interviews with Noam Chomsky). Originally published at Common Dreams
Germany has a fraught history with authoritarianism, notably as the cradle of Nazism, one of the most abhorrent political regimes in modern history.
After World War II, the Allies set out to denazify Germany, but history suggests this effort was largely unsuccessful. While some high-ranking Nazis faced trials and penalties, many others re-entered postwar German society, often resuming influential roles.
Today, Germany again shows unsettling signs of authoritarianism as the far-right party, Alternative for Germany (AfD), gains traction. However, the depth of Germany’s authoritarian tendencies runs deeper than the current rise of the AfD. Its legal system has developed a reputation for suppressing free speech and framing dissent as a threat to public order rather than as a valid democratic expression.
The ongoing Ulm5 trial in Stuttgart, nearing its conclusion, starkly illustrates Germany’s evolving neofascist tactics aimed at silencing opposition, alongside its alarming complicity in Israel’s perceived genocide.
In the early hours of September 8, 2025, five young activists supporting Palestine broke into the German branch of Israeli arms manufacturer Elbit Systems in Ulm. Inside, they vandalized the property, breaking windows and damaging equipment, while spray-painting messages like “Free Palestine” and “Germany finances, Israel bombs.” Thankfully, no injuries occurred, and the activists chose to remain at the site, voluntarily calling the police and awaiting arrest.
Since their arrest, the five activists—Daniel Tatlow-Devally (Irish), Leandra Rollo (Spanish-Argentinian), Crow Tricks and Zo Hailu (British), and Vi Kovarbasic (German)—have been subjected to degrading conditions in separate prisons, including solitary confinement for 23 hours daily and minimal family visits. Irish officials who visited Daniel Tatlow-Devally were shocked by the conditions.
The treatment of the Ulm5 activists parallels that of the notorious “Red Army Faction” members from the 1970s, despite the current defendants merely having committed property damage without any violence involved. It is telling that the trial is held at Stuttgart-Stammheim, the historic venue for those earlier terrorist trials.
The defense team has repeatedly questioned why the trial is hosted in a high-security courthouse when the defendants’ actions resulted in no harm, to which no satisfactory answers were given. The implication is clear: German authorities perceive Palestinian solidarity as a form of terrorism. Under the prevailing belief that “Israel’s security is Germany’s core interest,” any opposition to Israel’s policies is viewed as a criminal or terrorist act.
Significantly, the Ulm5 activists face charges under Section 129 of the German Criminal Law, targeting ordinary organized crime while criminalizing those forming or participating in organizations aimed at committing various heinous acts. This section comprises two components: subsection (a) focuses on “forming terrorist organizations” aimed at severe offenses like murder or genocide, while subsection (b) addresses actions that materially harm individuals or the environment.
Strikingly, Section 129(a) could equally apply to Israel, given its history of stated genocidal actions against the Palestinians. Numerous international entities and human rights organizations have documented Israel’s conduct in Gaza as genocidal, even corroborated by voices within Israel itself. Some reports accuse groups like Hamas of crimes against humanity during the conflict on October 7.
Charging the Ulm5 activists under Section 129 represents a blatant misuse of the law by German authorities. It illustrates a broader reluctance to accept dissent, with the government employing its repressive state apparatus to silence critics. This is not the first instance of Section 129 being used to stifle protests, as evidenced by a nationwide raid in May 2023 against the climate action group “Last Generation,” prompted by accusations from the AfD that the government should consider banning the organization. In another instance, in March 2025, charges were filed against five members of the same group for “forming a criminal organization.”
In Berlin alone, over 3,000 climate activists have been sentenced in recent years, according to the German publication Die Zeit.
Both climate and pro-Palestinian activists face stringent scrutiny from the German authorities. Marginalized communities across cities like Berlin contend with what journalist Hanno Hauenstein terms “the politics of extreme policing.”
The grotesque Ulm5 trial has several imminent hearings scheduled for October, with a projected conclusion in January 2027. Prosecutors aim to secure convictions against the young activists for being part of a criminal organization, potentially resulting in prison sentences of up to five years. The defendants are consistently shackled when entering the courtroom, held in a bulletproof encasement.
This scenario evokes comparisons with authoritarian regimes like those of Vladimir Putin or Kim Jong Un. It starkly reveals how far contemporary Germany has drifted towards authoritarianism once more. While this situation may have become “normalized” within mainstream German society, it remains profoundly disgraceful for the entire European continent. The treatment of the Ulm5 activists blatantly contravenes European human rights law, as noted by their defense attorney, and employing Criminal Code Section 129 to target protesting movements is tantamount to fascism.
