Brifing

Lawyers Demand Judge Recusal in Ulm 5 Trial Over Blocked Expert Testimony

Defense attorneys challenge judicial impartiality after court rejects experts linking Elbit Systems to Gaza.

Middle East Eye2 min

1Ulm 5 Trial Developments

Five activists, known as the Ulm 5, face trial in Germany for allegedly damaging an Elbit Systems facility. The defendants, arrested on September 8, have remained in pretrial detention for over a year. They are accused of smashing office equipment and damaging the glass facade at the Israeli-owned arms firm's site.

2Expert Testimony Rejection

Defense lawyers filed applications to present expert witnesses, including weapons expert Dr. Shir Hever and international law professor Isabel Feichtner. The court rejected these requests, claiming the software developed at the Ulm laboratory lacks connection to Israel’s offensive in Gaza. Defense attorney Benjamin Düsberg labeled this judicial decision as entirely absurd.

3Motion for Judge Recusal

Following the exclusion of their experts, the defense team submitted a formal application demanding Judge Kathrin Lauchstadt’s recusal. Lawyers argue that the court reached conclusions without hearing evidence, indicating potential bias. Düsberg described the ongoing proceedings as a pure show trial, citing the court's refusal to examine the laboratory's specific technological role.

4Technological Link Allegations

Expert witness Dr. Shir Hever stated the Ulm site houses a Tactical Data Links laboratory. This network allegedly enables Israeli soldiers to share target locations, which are then analyzed by AI via the Nimbus Project. The defense argues this technology is central to the war, justifying the activists' actions as a form of protest.

5Police Testimony Concerns

Defense lawyers reported that prosecution witnesses, specifically police officers, have consistently failed to provide clear answers during cross-examination. Officers frequently cited memory loss or confidentiality regarding the investigation's scope. Nina Oner, a defense lawyer, noted that witnesses seem to suffer from identical amnesia whenever the questioning turns toward sensitive or critical details.

6Procedural Rights Allegations

Mimi Tatlow-Golden, mother of defendant Daniel Tatlow-Devally, testified that police officer Ms. Jager claimed to recall nothing about the arrest conditions. Allegations suggest the activists were held for 12 hours without access to legal counsel or family contact. The defense suspects German intelligence services may be involved in the investigation's management.

7Court Response and Stance

The Stuttgart regional court declined to comment on the presiding judge's conduct or the specific behavior of trial participants. While confirming the rejection of defense-led expert applications, the court stated that no final decisions have been made regarding remaining evidence. The prosecution remains obligated under German law to investigate both incriminating and exculpatory circumstances.

8Broader Legal Implications

This case highlights the tension between activist protest methods and German judicial processes regarding international conflict. The defense's struggle to introduce evidence linking local industrial activity to foreign military operations remains a central point of contention. The outcome of the recusal motion will determine the future trajectory of this highly polarized legal proceeding.

Original article: Middle East Eye — Lawyers Demand Judge Recusal in Ulm 5 Trial Over Blocked Expert Testimony