Coercion Case I (Mutlangen)

73 BVerfGE 206, 1 BvR 713/83, 1 BvR 921/84, 1 BvR 1190/84, 1 BvR 333/85, 1 BvR 248/85, 1 BvR 306/85, 1 BvR 497/85 (1986)

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Coercion Case I (Mutlangen)

Germany Federal Constitutional Court
73 BVerfGE 206, 1 BvR 713/83, 1 BvR 921/84, 1 BvR 1190/84, 1 BvR 333/85, 1 BvR 248/85, 1 BvR 306/85, 1 BvR 497/85 (1986)

KS

Facts

In 1979, NATO member states decided to install nuclear warheads throughout Europe. In 1983, the planned stationing of 108 launch facilities began. Throughout this period, protestors participated in demonstrations, vigils, fasts, church services, petitions, and other mass actions to prevent the installation. Protest actions escalated to include roadblocks in front of military installations. Protestors involved in these roadblocks avoided violence, sat passively in the street, and regarded the actions as nonviolent symbolic blockades. State governments across Germany (defendants) prosecuted protestors involved with roadblocks for coercion using force under § 240 of the penal code. The protesters who were charged and sentenced for coercion using force (plaintiffs) filed constitutional complaints against their sentences in courts across Germany. The Germany Federal Constitutional Court combined multiple cases in which protestors argued that their prosecution and sentencing for coercion using force under § 240 of the penal code violated Article 103 § 2 of the Basic Law for the Federal Republic of Germany (the Basic Law).

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Holding and Reasoning ()

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