Since the end of November 2017, a preliminary investigation has been under way against the German performance group “Center for Political Beauty” (ZPS) according to §129 StGB at the request of the public prosecutor’s office in Gera (Thuringia) with serious suspicion of “forming a criminal organization”. The investigation was initiated one week after the start of the ZPS action “Deine Stele” (Your Stela), the construction of a copy of the Berlin Holocaust memorial opposite the house of right wing MP Björn Höcke (AFD).
Investigations according to §129 has never been used against artists before. They allow comprehensive surveillance and applied to particularly serious crimes such as terrorism and gang crime and which are punishable by terms of imprisonment of two to five years. The proceedings were also not discontinued after the Cologne Regional Court, in its decision of February 2018, clearly and unambiguously regarded the action of the ZPS as a “work of art” and assessed it to be fully covered by the fundamental rights of artistic freedom and freedom of expression.
The case became public by a parliamentary interpellation from the Left party, followed by investigative reports from the media. After 16 months, the case was dropped yesterday.
The Gorki Theater, Berlin which presented several ZPS projects , wrote an open letter of protest, signed by a large number of people and cultural institutions, including ITI, which protests against the criminalization of critical art: “We formally oppose and defend ourselves against a tendency towards the political-ideological criminalisation of art, which endangers the community and the free democratic basic order, and against the the instrumentalisation of criminal law on the basis of convictions.”
Sources: Gorki Theater, Center for Political Beauty
Today, a Moscow court has released theater director Kirill Serebrennikov together with two other suspects on bail after a year and a half spent under house arrest on criminal fraud charges.
Source: Moscow Times
David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has urged the European Union to bring its Copyright Directive into line with international standards on freedom of expression.
“Article 13 of the proposed Directive appears destined to drive internet platforms toward monitoring and restriction of user-generated content even at the point of upload. Such sweeping pressure for pre-publication filtering is neither a necessary nor proportionate response to copyright infringement online” Kaye said, and added: “Misplaced confidence in filtering technologies to make nuanced distinctions between copyright violations and legitimate uses of protected material would escalate the risk of error and censorship. Who would bear the brunt of this practice? Typically it would be creators and artists, who lack the resources to litigate such claims.”
Source: United Nations Human Rights Office of the High Commissioner (OHCHR)
The EU will simplify procedures for requesting and issuing short-stay visas and will use the visa policy to encourage non-EU countries to cooperate on migration. On January 29th Parliament and Council negotiators informally agreed on a new EU Visa Code, establishing the procedures and conditions for issuing visas for short periods (up to 90 days in any 180-day period). The visa fee will rise from 60 to 80€, with some exceptions and reductions (children, students). Applications could be submitted earlier than now – between six months and 15 days ahead of the trip. Additional facilities are planned for well-known artists and high performance athletes touring in the EU, as well as multiple entry visas for frequent travelers.
The informal deal will now be put to vote in the Civil Liberties Committee. It will also need to be confirmed by the plenary before formal adoption by the Council of Ministers. The changes will be applicable six months after the text is published in the Official Journal of the EU.
Source: European Parliament, see also the text of the proposal of the European Commission from March 14, 2018
The premiere of the new creation Histoire(s) du Théâtre II by the Congolese choreographer/director Faustin Linyekula at the NTGent (Belgium), scheduled for February 21, has been canceled. Despite all efforts, the European borders remained closed for three Congolese dancers. Together with directors of the festivals and theatres which were booked for the upcoming tour, Faustin Linyekula (photo) and Milo Rau, artistic director NT Gent, have published an open letter: “Making international artistic cooperation impossible. Is this what we want?”
Darko Lukić is a theatre scholar, playwright and novelist. He hold the keynote on recent cases in Eastern Europe at the public symposium “The Challenges of Artistic Freedom” at the Maribor Festival, on October 23, 2018, organised by ACAR with the ITI centres of Slovenia and Germany.
You may read “Degenerate Art” 81 Years after Munich – Eastern European contemporary examples here.