Court declares police monitoring for illegal: the consequences for Thuringia!

Court declares police monitoring for illegal: the consequences for Thuringia!

In a pioneering decision, the District Court of Gera, on June 18, 2025, classified the telephone surveillance and apartment search in connection with internal investigations by the Thuringian police as illegal. This pronouncement not only affects the legal framework for the police, but also raises fundamental questions about proportionality and the rule of law. Ronald Hande, the domestic spokesman for the parliamentary group Die Linke in the Thuringian state parliament, describes the decision as a significant legal yardstick. According to Hande, it is important that interventions in privacy that are carried out by such measures are treated with the greatest care.

A point of criticism is the lack of consideration for the prerequisites for telecommunications monitoring in accordance with the statutory provisions. These are regulated in the Code of Criminal Procedure, especially in §§ 100a and 100e: Here it is stipulated that monitoring is only permitted under strict conditions, for example if there is suspicion of a serious crime. Nevertheless, the court emphasized that the principles of proportionality must be strictly observed in such a sensitive area as monitoring. Hand said that the measures against third parties, as in the case of a non-suspect witness in the Saalfeld complex, are only permitted as an ultima ratio and should not become routine.

legal situation and internal investigations

The legal framework for telecommunications monitoring is clear: it requires a single exam and proof of an increased suspicion before such measures can be arranged. Monitoring not only affects the direct suspects, but can also affect uninvolved third parties that may act as a news agent. Hand criticizes that in his case the principle of proportionality was not preserved, which led to legal uncertainty for those affected, especially for the union of the police (GdP). This was affected by a search decision, although there was no such decision for you - as a third party.

The surveillance is a significant interference with the fundamental rights of citizens due to Article 10 of the Basic Law. As the representative for data protection and freedom of information (BFDI) explained, surveillance measures in Germany are only permitted on a legal basis and must be approved by a court. The duration is also limited in time and is limited to ongoing communication. This ensures a certain level of control that is indispensable to prevent the abuse of surveillance rights and to protect people.

demands for reforms

The debate about telecommunications monitoring and its application shows how important it is to protect the balance between necessary security and the protection of individual rights. Hande concluded: "Every measure must be understandable and legally clean. This is the only way to gain the trust of the population into our state monopoly by violence." It remains to be seen how court practice will develop in the future.

More information about the legal foundations of telecommunications monitoring can be found on Lecturio and for general surveillance on the pages of the bfdi . For further details on the current developments in Thuringia, please read the articles from Die Linke Thuringia .