counter-demonstrators that their behaviour was unlawful and that
they should let the PEGIDA demonstration proceed. However, the
measures taken by the counter-demonstrators ultimately caused the
PEGIDA demonstration to be stopped early.
In this regard, the NPM’s criticism was that the authority should have
issued a prohibition under Section 13 of the Assembly Act
(Versammlungsgesetz) to protect the constitutionally guaranteed rights
of assembly and free speech. The NPM cannot judge whether the
dissolution of the counter-demonstration would have met the
proportionality test in this particular case. However, if there had been
a larger police presence, it would have been possible to clear the
area. Based on past experiences in Vienna, the authorities and the
task force should have expected and prepared for numerous and, at
times, potentially violent counter-demonstrators.
The commission was very positive about its observations of the PEGIDA
demonstration in Vienna. The demonstration was very orderly and the
interventions made by police officers were reasonable and
deescalated the situation. The officers determined the identities of
persons properly and quickly. The commission also observed that
conversations between WEGA employees and demonstrators
deescalated the situation, as the NPM regularly advocates.
PEGIDA demonstration
in Vienna
Once again the NPM was critical of the fact that the head of one
commission, who wished to observe a restraint action, was prevented
from doing so by police officers, even though he was wearing the
identity card of the NPM on his body so that it was clearly visible. In its
comments, the Federal Ministry of the Interior stated that the helmeted
police officer initially did not recognise the head of the commission as
such. The Federal Ministry of the Interior added that, if the supporting
staff provided by the police department of Vienna had been deployed,
the incident could have been avoided.
Supporting staff
The commissions can decide whether to call on supporting staff on a
case-by-case basis. There are surely situations in which the authority’s
offer makes sense. However, being permanently accompanied by
supporting staff is inconsistent with the system of preventive control.
Moreover, permanent support is not feasible since the commissions
generally divide into small groups and it is often not clear in advance
how many small groups will be formed.
As in previous years, several delegations observed the demonstrations
against the Vienna Academics Ball, which is held every year at the
Vienna Hofburg at the end of January. The NPM noted a positive
development this year. In contrast to the previous year, the police were
well-prepared in 2015. They noticeably improved tactical
communication. The Federal Ministry of the Interior stated that the
Ministry and the police department of Vienna now strive for active and
open communication among all participants when there are large
operations. A concept has been developed which includes
communication not only with the advertisers at the rallies and the
organisers of the events and the demonstrators, but also comprises
providing information to the public and the media. Meetings are held
Demonstrations against
den Academics Ball
151
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