When the Duisburg police have to answer for themselves in court! On Monday (November 28), the Higher Administrative Court (OVG) will deal with the not always easy relationship between football fans and the police.
The reason for the dispute is a game in the 3rd Bundesliga in February 2017. At that time, 1. FC Magdeburg played at MSV Duisburg. The police tweeted a photo of the Magdeburg fans as part of a planned search operation at the guest entrance. There is also a woman on it who feels that her personal rights have been violated – and is therefore going to court!
Duisburg: the court must judge the police tweet
Actually, the police “only” wanted to warn the guest fans about a traffic jam at the entrance control. The plaintiff, however, sees it very differently, had already sued the administrative court in Düsseldorf in the first instance and lost there. The Higher Administrative Court in Münster must now clarify whether it shares this verdict.
At the time, the police rated the game as a risky game because it was feared that both fan camps could ignite forbidden pyrotechnics. In the end there were 18 criminal charges, twelve of them against Magdeburg fans. 17 stadium visitors were taken into police custody, including eleven fans of 1. FC Magdeburg.
Duisburg: The occasion was a third division game in February 2017
The police have therefore set up a control and security lock at the guest entrance at the stadium in Duisburg. Around 100 Magdeburg fans had put on white rain capes to hold a non-registered choreography. The police had suspected that banned pyrotechnics were also to be smuggled into the stadium.
An exact identification of the persons was also difficult because of the capes. The guest fans did not comply with the police request to take off their capes – and therefore simply stopped. Fans pouring in have put the pressure on, with some threatening to storm the entrance. The police announced the use of a water cannon.
Personal rights violated by photo?
The Duisburg police then tweeted at 5:44 p.m.: “#MSVFCM traffic jam at the guest entrance, some fans have put on rain capes to prevent the search.” A photo from 5:36 p.m., where most of the capes fans could be seen.
This is where the complaint of the woman, who sees her fundamental rights violated, begins. She can be identified in the photo and has been asked about the photo several times. It remains to be seen how the Higher Administrative Court will decide…