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Banned footie fan takes complaint to top court

The Local · 5 Dec 2009, 13:17

Published: 05 Dec 2009 13:17 GMT+01:00

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Der Spiegel magazine reported that Stuttgart-based lawyer Rüdiger Zuck, who represents the FC Bayern Munich fan, is to take the case to the highest court in the country.

The fan was banned from visiting any football match from the regional league upwards for two years, purely on the assumption that be would be violent.

An appeal against the decision, arguing it was unfair, was rejected by a federal court, leaving the Constitutional Court as the last place to try to overturn the ban.

The man concerned was 16 years old when he was among around 60 fans held by police after rioting during a Bundesliga match between FC Bayern Munich and Duisburg.

He has always insisted he was only watching the rioting from afar, and there was never evidence of him having taken part in the violence and an investigation was dropped.

Despite this, MSV Duisburg issued the ban, which was supported by the court on the basis that he belonged to the group of fans considered ready to use violence.

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This was considered to justify the assumption that he was moving in an environment which tended towards violence and that it could be expected that he would be involved in violent acts.

Zuck’s appeal to the Constitutional Court is being supported by the Fanrechtefonds, a football fan organisation which campaigns for supporters’ rights.

The Local (news@thelocal.de)

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Your comments about this article

03:53 December 6, 2009 by wood artist
I'm not sure if it's the same situation in Germany, but in the US this would be termed "Prior Restraint", a legal term that means the government is "locking you up" because they believe you "might" do something bad. In general, it's illegal.

On the surface, knowing nothing more than what's written in the article, it would seem they have no basis for the ban. He was swept up during a "riot" but was never charged nor convicted of being directly involved. So, what's the basis for the ban? "We think he might do something bad if we let him attend?" To me, that doesn't cut it.
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