Five European activists opposing the arms trade have endured months of stringent pretrial detention in Germany under allegations of targeting an Israeli weapons manufacturing facility. The individuals—hailing from Germany, Spain, Ireland, and the UK—were apprehended on September 8 following a reported incursion into Elbit Systems’ premises in Ulm, where they are accused of property damage including shattered glass facades and destroyed office equipment.
Charges extend beyond trespass and vandalism to include ‘membership in a criminal organization’ under Section 129 of Germany’s penal code—a provision traditionally reserved for organized crime syndicates, carrying potential five-year sentences. This legal application has sparked significant controversy regarding its proportionality.
Families and legal representatives report extreme detention conditions: inmates subjected to solitary confinement for up to 23 hours daily, severely restricted family visits initially conducted behind plexiglass barriers, and comprehensive surveillance of all communications. One defendant reportedly endured six hours of detention wearing only a diaper during initial processing.
Defense attorneys argue that authorities have failed to provide case-specific justifications for these restrictive measures, with bail repeatedly denied despite proposed compliance plans. The use of Section 129 has drawn criticism from human rights experts, including UN Special Rapporteur Mary Lawlor, who questioned the ‘necessity and proportionality’ of applying organized crime statutes to protest activities.
This case occurs within a broader pattern of German authorities utilizing anti-organized crime legislation against direct action groups, following similar charges against climate activists from Letzte Generation in May 2024. The defendants are expected to remain in custody for approximately 11 months before trial conclusion, with their families decrying the lack of transparency and communication restrictions imposed throughout the process.