DThe dispute over a protest camp by punks in Westerland on Sylt continues. After a resolution was expected at the weekend, the appeal against a court decision is causing further delay. The district of North Friesland has promised not to vacate until a decision has been made in a higher instance, wrote Sylt’s mayor Nikolas Häckel (independent) at the request of the German Press Agency.
The administrative court in Schleswig had previously declared a resolution to be lawful. The 3rd chamber had confirmed a corresponding decision by the district in an urgent procedure on Tuesday. Häcker announced that “the former demonstrators had agreed to voluntarily clear the camp by Saturday night.”
Now he has learned “that the former demonstrators have lodged a complaint against the administrative court’s decision with the Higher Administrative Court (OVG).” The OVG would probably decide on Monday. According to earlier information from the district and the administrative court in Schleswig, a complaint actually has no suspensive effect.
Inconsiderate noise pollution
Häcker wrote on Facebook that unfortunately the promise was not kept. That was “regrettable and shameful”. He can only hope that the Higher Administrative Court will confirm the decision of the Administrative Court and that the eviction can finally begin. “My request for enforcement assistance has been submitted to the police and will be confirmed by me as soon as the OVG decision is available. This “never-ending-story” demonstrating the rule of law must finally come to an end.”
The administrative court in Schleswig had shared the view of the district’s assembly authority that there was an immediate danger to public safety in connection with inadequate sanitary conditions in the camp and because of the risk of reckless noise pollution for the residents.
According to the administrative court in Schleswig, it is therefore proportionate to prevent the protest camp from continuing beyond August 31, the court explained in a statement. According to the court, the longer a meeting lasts, the more serious the violations of the rights of third parties caused by it. The event fell under the protection of freedom of assembly according to the Basic Law. But the protection of longer-lasting protest camps is not unlimited.
The protesters also failed to comply with the requirement to provide and use chemical toilets. Rather, they would have relieved themselves on the surrounding private and public areas. There was considerable soiling and odor impairments for the residents due to human and animal excrement. According to the police, there were also disturbances of the peace. Officials were insulted and pelted with bottles. A police officer was injured.