The Hamburg Regional Court has decided to keep the 160 hours of raw recordings sealed until the legal appeal is resolved, the court’s press office announced on Thursday morning. The recordings, secured since their seizure, will remain locked in a vault and unheard to anyone for the time being.
Court Orders Temporary Halt to Seizure
The court’s decision comes after widespread criticism of the search warrants issued against the Zeit newspaper and journalist Anne Kunze. The regional court (LG Hamburg) ordered the suspension of the seizure under § 307 Abs. 2 Var. 1 of the German Code of Criminal Procedure after an application from Zeit and Kunze. However, the appeals filed under § 304 StPO do not have immediate effect, meaning the court could normally review the recordings to select relevant material.
Instead, the court chose to keep the recordings untouched until the appeals process concludes. If it does not, the Higher Regional Court of Hamburg (HansOLG) will need to rule, a process that could take several months. The court’s statement cited the need to protect press freedom, referencing the public interest in the immediate execution of the seizure but finding it outweighed by the threatened press freedom cited in the appeals.
Press Freedom Concerns and Legal Implications
The seizure and search warrants sparked significant criticism from media organizations and politicians, who warned of dangers to press freedom. The court‘s ruling aims to address these concerns. The court also recognized that Zeit and Kunze could face serious disadvantages if they were to review the recordings before the seizure’s legality was definitively determined.
According to sources, the court’s action is seen as a measure to prevent further damage to the trust between informants and journalists. Once police obtain a search warrant, the trust in confidentiality is already significantly harmed. This ruling may help limit that damage and restore some confidence in journalistic sources. The recordings will remain “untouched for the time being,” effectively granting a pause in the proceedings.
