In a bold and daring move, a German journalist and activist, Arne Semsrott, embarked on a mission to buy out prisoners who had been incarcerated for not buying a ticket on public transport. With the help of his organization, Freiheitsfonds (The Freedom Fund), Semsrott managed to secure the release of 12 men from Plötzensee prison and nine women from Lichtenberg prison. Since then, they have continued their efforts and have freed approximately 850 people, at a significant cost of over â¬800,000.
This extraordinary campaign aims to draw attention to what Semsrott believes is a grave injustice within the German legal system. While someone sentenced to pay a fine has the option to avoid paying it themselves, those who cannot afford the fine often end up in prison. Semsrott argues that this disproportionately affects individuals who lack financial stability, housing, or are already in crisis. He firmly believes that this law needs to change to create a more democratic and just society.
In Germany, an estimated 7,000 individuals are held in prisons for not paying their fare on trains, trams, or buses. Most of them were initially sentenced to a fine but were unable to pay. As a result, they serve what is known as a substitute custodial sentence. However, some individuals are sent straight to prison without being given the option to pay a fine.
Gisa März’s case sheds light on the impact of this law. März, a small, fragile woman in her mid-50s, spent four months in prison after being caught multiple times without a ticket. Despite being on methadone and struggling financially, she found herself behind bars due to her inability to meet the court’s conditions. Her case garnered attention from various media outlets and even sparked discussions in the German parliament.
While most people who travel without a ticket simply pay the penalty fare, public transport companies take a stricter approach with repeat offenders. These individuals are referred for prosecution, regardless of whether they have paid the penalty fare or not. People like Gisa März, who were not sentenced to pay a fine, cannot benefit from the Freedom Fund’s assistance.
Arne Semsrott strongly believes that individuals in Gisa März’s situation should not be sent to prison. Many prison governors share this sentiment, as they recognize that prisons are not equipped to provide the necessary support for people dealing with mental health issues, homelessness, or other social challenges. In fact, some prisons even distribute the Freedom Fund’s application form to incoming prisoners, highlighting the absurdity of criminalizing individuals for this offense and then seeking help from civil society to correct it.
Semsrott has calculated that by buying out 850 prisoners, his organization has saved the state approximately â¬12 million, based on the estimated cost per day of keeping someone in prison. Despite these significant savings, the public transport industry in Germany remains resistant to any change in the law. They argue that retaining the threat of prison as a deterrent for serial offenders is crucial, as fare evasion costs the industry around â¬300 million annually.
However, the Gisa März case has served as a catalyst for change in Düsseldorf. The city council has ordered the local transport authority, Rheinbahn, to cease prosecuting individuals caught without a ticket. Although it is uncertain if the law will be amended at the national level before Germany’s next parliamentary election in 2025, this local decision demonstrates a step toward reform.
The actions of Arne Semsrott and Freiheitsfonds have sparked an important conversation about the unjust consequences of the current law. By drawing attention to the issue and freeing hundreds of prisoners, they have challenged the status quo and raised awareness about the need for change. It is crucial for citizens, policymakers, and the public transport industry to engage in constructive dialogue to create a fairer and more equitable system for all.
