In April 2006, 'precarious superheroes' took delicatessen from the delicatessen supermarket ‚Frischeparadies’ in Hamburg, and re-distributed them to precarious people in Hamburg.
Today, the court of appeal (in the only court-case related to this appropriation-action so far) ended with an a verdict of not guilty. An activist from the context of Hamburg EuroMayday had been convicted by the district court in Altona to pay 50 day rates and had subsequently appealed.
Apart from a vague similarity of the defendant with one of the superheroes found on out-of-focus photos of the action, a series of articles and texts on precarisation, appropriation and EuroMayday were at the focus of the court case. These materials were found at a house search which took place four weeks after the above-mentioned case of “collaborative shoplifting”. After a judge refused to grant permission for house-searches twice, they were carried through on the basis of “danger in delay”. (The solicitor Gabi Heinecke is considering to file a complaint of unconstitutionality regarding this issue).
Based on the outright absence of evidence, the appeal court only cleared out the absurd constructions of the court of first instance. The argument of the solicitor of defense and the supporters of the defendant was confirmed: “Criminalisation of studying the living conditions of people working in precarity is absurd. This would amount to incriminate hundreds of trade unionists, politicians and sociologists (Peter Bremme from ver.di, the main German service trade union). Accordingly, the public prosecutor pleaded for acquittal, while the judge even talked about a 'biased judgement' of the county court and virtually apologised for the course of the prosecution.
The precarious superheroes themselves found some degree of support for the format of their action: according to a till worker, the situation at the supermarket “really only became stressful when all those policemen turned up.”
Press release in German and overview of articles:
http://www.nadir.org/nadir/kampagnen/euromayday-hh/de/2008/10/794.shtml
Pre-courtcase press release:
http://www.nadir.org/nadir/kampagnen/euromayday-hh/de/2008/10/793.shtml
on imc
http://www.indymedia.org.uk/en/2008/10/410097.html