Berlin Police Fail in Appeal: Pain Compliance Against Climate Activist Remains Unlawful
Berlin, January 14 – The Berlin-Brandenburg Higher Administrative Court (OVG) has rejected an appeal by the Berlin Police, confirming a previous ruling by the Berlin Administrative Court (VG) that the use of pain compliance techniques against a climate activist was unlawful. The decision, handed down on January 8, 2026, means the initial judgment from March 2025 stands, solidifying the legal position against such police tactics in this specific case.
The Incident: Climate Protest on Straße des 17. Juni
The case stems from an incident on April 20, 2023, when climate activists from the “Letzte Generation” (Last Generation) group demonstrated on Berlin’s Straße des 17. Juni to protest climate policies. Among the approximately 40 activists sitting on the roadway was Lars Ritter. After the police declared the assembly dissolved, Ritter refused an officer’s request to leave the street.
Subsequently, three police officers carried Ritter off the road. During this process, two officers applied “pain compliance techniques” to subdue the activist. It is important to note that Ritter was not glued to the road or otherwise affixed, a common misconception in such protests. Video footage of the incident reportedly showed no resistance or aggression from Ritter towards the police. According to the court, the officers could have easily removed Ritter from the road without intentionally inflicting pain.
Administrative Court Ruling: Disproportionate Force
In March 2025, the Berlin Administrative Court (Az. 1 K 281/23) ruled that the police’s actions were unlawful. While Berlin’s administrative enforcement law permits the use of direct force, including pain compliance and nerve pressure techniques, under certain circumstances, the court found that in this specific instance, the police’s actions exceeded the boundaries of proportionality. The Gesellschaft für Freiheitsrechte (GFF), a civil liberties organization, supported Ritter’s legal proceedings.
Police Appeal Rejected by OVG Berlin-Brandenburg
The Berlin Police challenged the Administrative Court’s decision by filing an application for leave to appeal under §§ 124a Abs. 4, 124 Abs. 1 of the Administrative Court Procedure Code (VwGO). However, the 6th Senate of the OVG Berlin-Brandenburg rejected this application on January 8, 2026 (Az. OVG 6 N63/25).
The OVG’s decision did not delve into the substantive merits of the lower court’s ruling. Instead, the Senate found that the Berlin Police had failed to adequately demonstrate that any of the grounds for granting leave to appeal, as required by §§ 124a Abs. 5, 124 Abs. 2 VwGO, were met. The police had merely presented their own differing assessment of the evidence presented to the VG, rather than demonstrating why the VG had based its decision on an incorrect factual basis, or why its assessment appeared arbitrary, or disregarded natural and logical laws or general principles of experience.
This outcome highlights the formal requirements of the appeal admission process. While administrative courts generally operate under the principle of official investigation, where the court itself ascertains the relevant facts, this does not relieve parties of their duty to present substantial arguments, particularly in appeal admission proceedings under § 124a VwGO. In such cases, the OVG has a limited scope of review, examining only the grounds for appeal presented by the applicant.
Finality of the Judgment and Future Steps
The OVG’s decision is final and cannot be appealed further, meaning the Berlin Administrative Court’s judgment is now legally binding (§ 124a Abs. 5 VwGO). The GFF has indicated its intention to support Ritter in a subsequent claim for damages before the civil courts.
This ruling serves as a significant legal precedent regarding the proportionality of police force during protests, particularly when activists are not actively resisting or posing a direct threat. It underscores the importance of adhering to legal standards for the use of immediate coercive measures and the need for police to justify their actions within the framework of established legal principles.
Source: https://www.lto.de/persistent/a_id/59044
