Martin writes from his cell:
Unbelievable but true: Today I have been a prisoner of the State Prosecution for exactly 3 weeks, and not only as an innocent person, but also without even any suspicion against me.
Last Friday was the first time that a judge looked at my case. I was absolutely sure that after this hearing I would be released, but my trust in our legal system was sadly misplaced. The judge at my hearing had only taken one sided information from the Public Prosecution and arrived at the hearing already firm in the decision to extend the remand for the maximum period of a further four weeks. According to a new paragraph in the law § 176 (4) I had a right to reply to this decision and address the court at the hearing. However, as I began to speak, it was clear that the judge was not listening and after I had spoken a few words, she ordered me to stop talking. As a result of this unlawful proceeding, I was placed once again in remand custody.
How is such treatment possible in a state under the rule of law? The Public Prosecution use this argument: There is some animal rights related criminal activity in Austria, this is not in dispute. However, this is the case in all countries though out the world, where people care about the welfare of animals. The amount of animal suffering and the frustration at being helpless to do anything about this leads some to such acts out of desperation. However, it is precisely because organisations, such as VGT and others have achieved so many reforms here that, compared to international levels, Austria has a very low animal related criminal activity rate. And that, even though the Public Prosecution includes such actions as filming (note: filming, not damage to property) in pig factory farms and the early release of pheasants intended for shooting to their list of illegal activities.[more]
The VGT and I are well known and very active here in Austria in terms of animal welfare. The Public Prosecution Service now conclude from this that therefore, I and the VGT must have something to do with Austrian animal rights related criminal activities. But, amazingly enough, in addition to this the Public Prosecution Service is of the opinion that there exists the suspicion that I, as leader of an imaginary criminal organisation, am responsible for ALL animal related criminal activities that have ever taken place in Austria! Yes, you heard correctly: Without exception, every unlawful act to do with animal rights in Austria could have been committed through me. And in order to establish this “suspicion“, say the Public Prosecution Service, I must remain on remand.
On the other hand there are the police files that document how I and the VGT have been under police surveillance for years; my mobile has been tapped, every e-mail has been read and I have been continuously followed. That the results of these enormous efforts have resulted in not even the slightest shred of suspicion to connect me to any punishable offence should put me above any suspicion. This would be the case if things were being done by the book, but somehow it doesn’t seem as if anything is being done by the book.
It is for this reason that I am on hunger strike and have been now for three weeks. A very long time to go without anything to eat. But, there are many historic examples of people, who managed to expose the brutality of state violence through going on hunger strike. On my thirteenth day without food I was transferred to the prison hospital wing. Two days later I was unable to leave my bed. On day sixteen I had a blackout and lost consciousness. Because of my remand hearing on the seventeenth day I ate a small amount in order to be able to attend. I wanted to make a statement in court and I needed a clear head to do this. But, since the evening of that day I have resumed my hunger strike. I am once again in the prison hospital wing and can see my strength leaving me. I have lost 20 kilos and am taking medication for stomach and muscle cramps. I feel as if I am in a world of cotton wool. But, I am receiving so much support from outside: Prof. Dr Klaus Petrus from Bern University in Switzerland and Prof. Dr Peter Singer from Princeton University in the USA have both made it clear to the authorities that I am anything but a criminal. I have written books about animal protection with both these people. In these books I have stressed how important it is to achieve good animal welfare laws and that any kind of criminal offence is counter productive. My exact words in one of the books are “No realistic level of guerrilla attacks of the kind carried out by the Animal Liberation Front could have hurt the battery farming industry as much as the new Austrian law does. I hope that the kind of campaigns favoured by people in the movement are not determined by what is “cool” and makes you feel better, but, rather, by what is most effective in achieving animal rights. A law banning a whole industry is by far more effective that anything else the animal movement could do“.
Amnesty International has issued a public statement criticizing the Austrian authorities’ dealings with regard to my case. This is the first time that the law; § 278a StGB, introduced in 2002 and aimed at tackling terrorism and Mafia groups, has been used against an NGO and against social activism, although the law was not intended for this use. AI also criticises the fully inappropriate manner in which the police carried out the house searches, and that the confiscation of NGO office equipment has made the completely legal work of the association impossible.
It is worthy of mention that the Public Prosecution Service is obviously supplying certain media with incorrect information in order to justify their actions and to thereby also damage my reputation and that of the VGT. This is also highly questionable behaviour and points to what is actually going on here: namely the intention to damage and silence one of the most successful animal protection organisations. The English newspaper “The Guardian” for example, was aware of this when an article from 5th June drew attention the connection between this police action and the important roll I, and VGT have played in achieving animal welfare reforms that count as being the best in the world.
How will this continue? I don’t know. But, I appeal to you to remain strong in your solidarity. I am convinced that this will not lead to a trial and won’t even come to a concrete charge. Our joint task right now is to get the authorities to release us from remand. When we have achieved that we can begin to repair the damage that has been done to the VGT and make it the effective and successful association it was before this random act of state violence.
DDr. Martin Balluch, Prison Hospital Josefstadt, Vienna, Austria, Zelle 25/04
Read the Guardian article: http://www.guardian.co.uk/commentisfree/2008/jun/05/animalwelfare.austria
Read More: http://www.vgt.at/index_en.php
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