TDs criticise German “show trial” of Dublin man

Government and opposition party politicians have criticised the “show trial” of a Dublin man who is before the German courts, after being accused of causing criminal damage to an Israeli arms manufacturer in Germany. 

Daniel Tatlow Devally, originally from Blackrock, is part of the so-called Ulm 5, an activist group who have been accused of causing damage to Elbit Systems, which owns factories in Germany.

Elbit Systems has substantial links to the Israeli war effort in Gaza, with some estimates noting that the company produces as much as 80% of the weapons used by the Israeli military in Gaza.

The German courts have alleged that the Ulm 5 caused €1 million worth of damage to a factory in the German city of Ulm and further alleged the group of spraying pro-Palestine graffiti at the site.

Tatlow-Devally is among those standing trial before the German courts, along with other Palestinian activists from the United Kingdom, Spain and Germany.

The BBC noted that the activists are being tried at Stammheim prison, the same location where activists from the Red Army were tried in the 1970s.

Local TDs Barry Ward (Fine Gael) and Richard Boyd Barrett (People Before Profit) are part of a cross-party group who travelled to Germany to show support for Tatlow-Devally and his fellow activists.

The cross-party delegation consisted of Ward, Boyd Barrett, Sinn Féin MEP Lynn Boylan and TD Mairéad Farrell, Solidarity TD Ruth Coppinger, Labour TD Duncan Smith and Social Democrats Senator Patricia Stephenson.

The cross-party grouping asserts that the Ulm 5 are being treated poorly by the German authorities.

Ward, who has over 20 years’ experience in the Irish legal system and has served as Legal Counsel, was among the cross-party grouping who visited the Ulm 5 in prison.

The Fine Gael TD said, “I am not here to condone the actions of Daniel or the Ulm 5, but I believe strongly in the rule of law, minimum standards of prison conditions and fair trial procedures.”

“A criminal prosecution is entirely appropriate, but in accordance with human rights and fair trial norms,” he explained.

“I have 20 years of experience as a barrister and senior counsel, visiting people in prison and representing them in criminal trials; I intend to use that experience to assess what I have been told about the way Daniel has been, and is being, treated by the German criminal justice system.”

The Ulm 5 have been held in solitary confinement in different prisons, 23 hours a day since their arrest. 

The trial started in late April, and the trial is not due to wrap up until January 2027.

At that stage, the group will have been in prison for 15 months.

Fellow Dún Laoghaire TD Boyd Barrett was more critical in his assessment of the situation, dubbing the German treatment of the Ulm 5 as a “show trial.”

“We went to Germany because we were gravely concerned by accounts of the trial and the conditions of detention for Daniel and the other activists. Having visited Daniel in prison and witnessed the manner in which the trial is being conducted, I am convinced this is a show trial where the defendants are not being given a fair chance to present their defence and are being treated in a brutal, inhumane  and totally unacceptable way.”

Boyd Barrett said that Tatlow-Devally’s family had raised complaints about how his son was being treated in German custody, with the family calling the conditions in the prison “inhumane.”

Labour TD and foreign affairs spokesperson Duncan Smith said “it is unconscionable that the Irish government would fail to send an independent observer to ensure that fundamental rights of an Irish citizen are being upheld.”

“For many months, myself and many other Oireachtas members have raised this case with government and with the German ambassador. Having witnessed it first hand, I am appalled at the manner in which the trial is being conducted.”

The Dublin TD said the trial is “very different” to what would happen if the trial took place in Ireland.

He noted that the trial does not take place on consecutive days, meaning that the process is being “drawn out,” and the accused are being kept in solitary confinement.

“This is despite the fact that Daniel and his colleagues are of no threat to people,” Smith noted.

“This has all the hallmarks of a show trial. In the courtroom, Daniel and his colleagues are kept behind a glass screen, unable to sit beside and confer with their lawyers.”

Social Democrats Senator and foreign affairs spokesperson Patricia Stephenson said that the government needs to do more for an Irish citizen who is being held abroad.

“I have been highly critical of the fact that no Irish consular officials or independent legal experts have attended the court hearings in Germany to observe proceedings and ensure that Daniel and the other four co-accused receive a fair trial,” Senator Stephenson said.

“A number of concerns about the legal process in Germany have arisen in this high-profile case, including the fact that no recording or transcript of the trial is being kept. There is a very real risk that Article 6 of the European Convention on Human Rights (ECHR) – which focuses on a defendant’s right to a fair trial – could be violated.”

The Soc Dems Senator said “there is too much at stake with this trial to not have independent observation by Department of Foreign Affairs officials or legal experts in attendance. Minister McEntee must now clearly set out her department’s position.” 

Sinn Féin MEP Lynn Boylan said “we have deep concerns about the manner in which this trial is being conducted,” and called on the government to send legal observers to the trial.

“Across Europe, those who show solidarity with Palestine face tougher sanctions than Israel, who are carrying out genocide and war crimes,” she said.

On a visit to Dublin last week, German Chancellor Friedrich Merz and Taoiseach Michéal Martin discussed the issue.

The Taoiseach told reporters that while he couldn’t comment on the specifics of an active legal case and he did not have detailed familiarity with German law, he said that the government were engaged with Tatlow-Devally’s family.

Chancellor Merz denied the charges that it was a “show trial,” but in the words of Mandy Rice Davies “well he would, wouldn’t he?”

In comments carried by The Irish Times, Chancellor Merz asserted, “I have absolutely no doubt that regardless of any nationality, Germany sticks to the rule of law, meets international standards – there is no doubt about this.

“The German judiciary is independent and is fully bound by the law. It is absolutely clear that this is a correct trial and not a show trial,” he told reporters in Dublin last week.

Germany’s relationship with Israel has come under increased scrutiny in light of the ongoing war in Gaza.

Besides the United States, only Germany has provided more arms and weapons to Israel since the war in Gaza started in 2023.

In German politics, the governing parties CDU and SPD (the German analogue to Fine Gael and Labour) have shown unconditional support for Israel, as did the previous government, which was comprised of the SPD, the German Green Party and the FDP (the German analogue of the Progressive Democrats).

Speaking in Dublin, Chancellor Merz (who is facing Keir Starmer levels of unpopularity back in Germany) claimed that his government were watching developments in Israel with “great concern” but said that sanctions were not on the cards.

“We are observing the Israeli government’s activities in the West Bank settlements with great concern,” he said in a joint press conference with the Taoiseach.

“I have expressed this on several occasions to Prime Minister Netanyahu, including in personal conversations. But we do not believe that general sanctions against Israel are the right approach,” he claimed.