Mr. Hans-Gerd Heidel | Co-founder and CEO
Interview given to Maria Louisa Vafiadaki
Please describe the model of the Umwelt-Treuhandfonds (“Environmental Trust Fund”). How does it operate ?
The Umwelt-Treuhandfonds (UTF) supports environmental and climate activists. Our purpose is to support them if their actions have legal ramifications. Activists usually are younger and have lesser financial means. Access to a fair trial is important, that is why we help in financing the lawyers and court fees.
As a trust fund the money with which we operate is not ours but remains legally the property of the donor up until it is spent for the aforementioned costs. We manage a person’s money coming from donations. The donor transfers the money to us for our special purpose and we manage and spend the money accordingly.
Could you share examples of environmental activist cases you have worked on ?
We have worked with environmental activists who went to the streets to demonstrate. They might have stopped cars for example. In these cases they are normally accused of preventing traffic. Other examples are the blockade or occupation of a coal power plant. These activists are accused of trespassing. Other activists demonstrated on an airport runway.
In court the activists explain why they did it. They argue that they practice peaceful civil disobedience, often in reference to other peaceful protest groups of the past, who broke the law to draw attention to injustice. The activist’s defendants can either argue that an act was not unlawful, or make the case, that it was necessary disobedience to fight for a higher legal and just cause. Another goal might be to get the attention of the public and the media.
A difficult situation in court is that activists, contrary to other persons who commit a criminal offense, do not repent to get a milder sentence. They argue that they believe in what they did and will repeat their actions unless the climate policy changes. Only for this reason some activists have been called in to the policy station every day or have been put in preventive detention for weeks. Just because they participated in a peaceful protest.
If people fight for just causes or only commit their fundamental right to protest and then are taken to jail for this, I believe it is important that they have good lawyers to represent and defend them. Otherwise, there is a serious problem of democracy.
What are the criteria to qualify for funding from your trust fund ?
The Environmental Trust Fund only supports activists who partake in actions that regard environmental and/or climate issues. It is paramount that the protests are peaceful and are planned as such from the start. Other living beings shall not be harmed. The principles of the rule of law have to be accepted by the applicants. And activists and their lawyers must be willing to cooperate with us and other lawyers to find good solutions for the climate movement.
We also established certain rules, how much money lawyers can apply for, according to German standards set by law. We only pay for lawyer costs and court fees. We do not pay for the penalties.
I myself examine every single application to check whether the criteria are met. Seldom do we say no, most of the time the criteria for funding are being met.
How do you respond to those who criticize you for representing activists?
Despite politicians and the media sometimes opposing them, to me it is part of a democratic process that protests take place. This is a guaranteed fundamental right. It is a democratic way of expression.
According to our constitution everybody has a right to a fair trial and a lawyer. We help to gain that access to justice fast and fairly unbureaucratic for those who cannot afford a defense attorney themselves.
What are the benefits for a donor and what’s in it for them?
I think that people engage in donations for moral reasons, because they see that activists are being criminalized and repressed. Whereas activists on the street spend their time and use their bodies for a good cause, donors can use their money to fight against repressive tendencies and for a strong democratic principle for individuals and the whole movement.
Hence the benefit is purely in the upkeep of a just system where peaceful protest is possible. There are no financial benefits in this. In fact, contrary to spending your money to a non-profit organization where you have tax benefits by German law, there are no financial benefits if you offer your money to us as a trust fund.
What actions take place to ensure that the settler’s money is being managed by the trust fund at their consent and to meet their initial purpose ?
I have an advisory board, comprised of lawyers, scientists and activists. So, we are a team of specialized professionals with high expertise on this matter.
I am a retired lawyer and have worked for over 40 years in a German law firm, well known for its track record and expertise in environmental law. Therefore, most of the donors automatically trust me for this, as my work experience inspires credibility.
Some of the donors trust me with large amounts for a good cause. My job is to spend it for the purposes that they have chosen. The money remains their property. They can ask for their money back, as long as I haven’t spent it yet. Therefore, we are accountable to our donors and need to have very accurate accounting and reporting on how their money is being spent.
What would you say is the biggest challenge in your work ?
It’s the fundraising. We organize fundraising events and crowdfunding campaigns. And we ask activists whether they can get donations from families, relatives etc. Additionally, we ask lawyers whether they can work pro bono.
Basically, we need around 50.000 euros per month or 650.000-700.000 euros per year to cover the incoming applications and our operational costs (i.e. freelancers’ salaries, administration costs). Thus, we need to fundraise on and on.
The Environmental Trust Fund was founded in 2021. In our starting year we had about 50 applications total. Since then, the number of applications has increased enormously. From 2023 we have an average of 50 applications per month! We calculate an average of about 1.000 euros per application for the lawyers, to give you an indication of costs.
Our goal is to have regular donors of money. Overall, it is very challenging to achieve our financial goals.
What is a particular successful case study where you won?
A memorable successful case study is when activists sat on the streets in Berlin and literally glued their hands on the street. The police had to disconnect them and for this “work” the police charged the activists and sent out cost notes with a 245 euros fee for every activist.
A lawyer, who was paid by us, objected to all those cost notes in a planned manner and a couple of months ago the court of Berlin (Verwaltungsgericht) decided that the cost notes were not legal. Therefore, it is calculated that Berlin police received around 300.000 euros too much. With our support the case was won, and this money shall be returned back to the activists.
One could say that your trust might have political anti-government implications. How do you respond to that ?
We haven’t heard such a claim yet. The UTF is strictly upholding the rule of law. A vital democracy needs to have active citizens who use their fundamental right to assemble. That is exactly why we have our above-mentioned set of criteria.
And even if the public, politicians or the police say a certain action might be illegal, as in the case of the glue-ons mentioned above, that doesn’t mean it actually is against the law. In a constitutional state, this is decided by the judiciary. And that is why activists need good lawyers, which we can provide and pay for. And courts sometimes can provide progressive decisions, which then can bring us as a society forward towards a more just future.
Why do you think that your trust fund’s work is important ?
If climate protest is criminalized, we as a society are on a path that nobody who believes in democracy can be in favor of. I think that activists who demonstrate and fight for the future of all of us, must at least have a fair trial. They should not be sent to prison. They might be doing criminal actions, but this is far too much. Because it is not their goal to become criminals; their goal is to generate change in climate policy. They have their values and morals. It is exactly their ethics and principles which lead them in their cry for change.
These activists need to have good lawyers to be defended and represented in court as good as possible. The least we can do is support them with this legal representation.
For Donations: Donations – Environmental Trust Fund
Thank you.