Decision on Residence Ban Against Windl Still Open

No decision was made on Wednesday. The court decided in the early afternoon that the verdict would be delivered in writing. The hearing, scheduled for three hours, began in the morning with the questioning of the German activist. It was disconcerting for her that "peaceful protest is considered a security police problem," said Windl. "Then it is not the public order that is disturbed, but only the political calm," she said.

Solidarity Rally for Windl Before Decision on Residence Ban

Meanwhile, several dozen supporters had already gathered at a rally against the residence ban. Windl should be expelled from the country while it is still being debated "whether climate protection is reasonable," it was said in one of the speeches. The presiding judge also wanted to know on Wednesday how Windl viewed the reasonableness of her protests. They had never disrupted the flowing traffic on highways during blockades. "We are not that stupid," explained Windl. Although it was announced during the "Last Generation" campaign that they would disrupt fossil infrastructure if necessary, it ultimately never came to that.

"Was at Enough Demos with Pretty, Colorful Signs"

A smearing action at the ÖVP party headquarters in Vienna's Lichtenfelsgasse in early January during the coalition negotiations between ÖVP and FPÖ was also a topic. The negotiations "had upset her immensely," said Windl, which is why the smearing action occurred. Windl had smeared the party's headquarters facade with dog feces at the time - the motto: "You stink of brown shit." "Why not in another way that does not cause damage?" asked the judge. "I was at enough demos with pretty, colorful signs," replied Windl. She no longer felt "picked up" by other movements like "Fridays For Future" at the time of her involvement with the "Last Generation."

"Would Not Do Something Like That Anymore Today"

She had participated in enough such protest actions; her goal was to spark a discussion. However, she would not "do something like that anymore today," said Windl - "because I - quite honestly - want to stay in Austria." When asked by the BFA representative if she could rule out participating in further protests of this kind in Austria in the future, she replied: "I can control myself. I don't just get out of bed and then stand in front of the ÖVP headquarters."

She had participated twice in glue protests with quartz sand and superglue - known as "mummy hands" - in Austria. The reason for this was that the actions could not be ended quickly. She had experienced in previous protests with mummy hands in Germany that a resolution of the protest could also occur "without us having to be cut from the roadway." Several activists had cemented themselves in November 2023, among other places, on the Vienna Ring and the Southern Motorway (A2). Numerous pouring actions had also only served to temporarily extend the protest actions.

Heated Verbal Exchanges Between Windl and Officials

During the course of the trial, there were quite heated skirmishes between Windl and Niederhammer on one side and the officer in charge of the BFA on the other. "You talk a lot about strategy. You give the impression that you are in a fight with whoever," said the BFA officer. "One can certainly think about strategy and how to protest," Niederhammer retorted.

Merely violating an administrative regulation does not mean a threat to public safety. There are "a few criminal allegations" against his client, said Niederhammer. "But these also do not pose a threat." The BFA sees Windl as an abstract threat without a specific cause. Her last administrative violations date back to the previous year, the last criminal allegation from January 2025.

Such a threat remains, however, even if one wants to give protest actions a "veneer of legitimacy," the BFA noted again towards the end of the court session. Also, the fact that Windl repeatedly participated in glue protests in neighboring Germany during the ongoing immigration proceedings suggests "further relevant disruptive actions," argued the BFA.

Decision on residence ban against Windl pending

While the trial was concluded for the public in the early afternoon, Windl, Niederhammer, and the BFA representative remained in the room to explain "non-publicly relevant details." The judge also wanted to reserve the possibility in the afternoon to await the outcome of the criminal proceedings against the activist. As the court explained after 1:00 p.m., the decision on the residence ban should in any case be delivered in writing. When this will happen was not yet clear in the afternoon.

BFA speaks of "querulous tendency"

If the appeal against the residence ban is indeed rejected before the criminal trial at the Vienna Regional Court, there is also the possibility that the student cannot participate in it. There is no date yet for the trial, which is supposed to start in the spring. However, her lawyer Ralf Niederhammer emphasized on Wednesday that in the event of a rejection of the appeal, there is still the possibility of a legal remedy.

Windl has been living in Klagenfurt since autumn 2017. The Bavarian student is considered one of the faces of the Austrian branch of the climate protection movement "Last Generation," which was dissolved in August 2024. The residence ban came about last March after more than two years of immigration proceedings. The BFA accuses the 28-year-old of a "massively querulous tendency" and a "far-reaching disturbance of public peace and order."

(APA/Red)

This article has been automatically translated, read the original article here.