Court declares police surveillance unlawful: The consequences for Thuringia!

Court declares police surveillance unlawful: The consequences for Thuringia!

In a groundbreaking decision on June 18, 2025, the Gera Regional Court classified telephone surveillance and apartment searches in connection with internal investigations by the Thuringian police as unlawful. This ruling 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 policy spokesman for the Die Linke parliamentary group in the Thuringian state parliament, described the decision as an important legal benchmark. According to Hande, it is important that invasions of privacy caused by such measures are treated with the utmost care.

One point of criticism is the lack of consideration for the requirements for telecommunications surveillance in accordance with the legal provisions. These are regulated in the Code of Criminal Procedure, in particular in Sections 100a and 100e: This stipulates that surveillance 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 even in an area as sensitive as surveillance. Hande explained that the measures against third parties affected, as in the case of a witness in the Saalfeld complex who was not a suspect, were only permissible as a last resort and should under no circumstances become routine.

Legal situation and internal investigations

The legal framework for telecommunications surveillance is clear: an individual examination and proof of an increased level of suspicion are required before such measures can be ordered. Surveillance not only affects the direct suspects, but can also affect uninvolved third parties who may act as message intermediaries. Hande complains that the principle of proportionality was not adhered to in his case, which led to legal uncertainty for those affected, especially for the police union (GdP). This was affected by a search warrant, although no such warrant existed for it - as a third party affected.

Due to Article 10 of the Basic Law, surveillance is a significant interference with the fundamental rights of citizens. As the Commissioner 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 provides a level of control that is essential to prevent abuse of surveillance rights and protect people's rights.

Calls for reforms

In view of these events, Hande calls for a thorough review and review of the internal investigation procedures as well as a reform of the applicable laws in order to strengthen the public's trust in the work of the investigative authorities. Current developments make it clearer than ever that careful handling when arranging such means is essential not only to meet legal requirements, but also to ensure social acceptance of investigative measures.

The debate about telecommunications surveillance and its application shows how important it is to maintain the balance between necessary security and the protection of individual rights. Hande concludes: "Every measure must be comprehensible and legally clean. This is the only way we can gain the population's trust in our state monopoly on violence." It remains to be seen how court practice will develop in the future.

You can find more information about the legal basis of telecommunications surveillance at Lecture and for general monitoring on the website BfDI. For further details on current developments in Thuringia, please read the articles from The Left Thuringia.