DThe city of Frankfurt has banned several demonstrations against the “oppression and occupation of Palestine” that were planned by left-wing groups. “The demonstrations are fueling the conflict. There must be no glorification of violence on the streets of our city,” writes Mayor Mike Josef (SPD) in a statement. An invitation was previously distributed in which Hamas’s terrorist attacks on Israel were described as a liberation struggle by the Palestinians and called for the end of Israel’s Zionist colonial regime. Uwe Becker (CDU), the Hessian anti-Semitism commissioner, had already asked the administration on Tuesday to ban a meeting that was planned for Saturday. On Tuesday evening, another pro-Palestinian group, Samidoun, called for a rally on the Zeil in Frankfurt on Wednesday.
Frankfurt’s head of public order, Annette Rinn (FDP), had announced that she would do “everything within our power and responsibility” to prevent the events. She does not want to tolerate images like those in Berlin, where demonstrators cheered Hamas’ brutal attacks on Israel, in Frankfurt. But the legal hurdles for banning demonstrations are high. Freedom of assembly is a valuable asset, which is why the law always requires consideration of milder means, i.e. appropriate requirements, which the leader of the meeting must first enforce. Rinn explained that so-called cooperation talks took place on Wednesday between the public order office and those who registered the demonstrations.
Different legal situation in Berlin
The Hessian assembly law, which was only revised this year, regulates that an open-air assembly can be banned or dissolved after it has begun if public safety is “immediately endangered”. The prerequisite is “that restrictions are not enough”. The assembly authority must precisely justify how it determines the threat to public safety and order. Those who registered the demonstration can take action against it before the administrative court. They are often successful because of the high legal rights of freedom of assembly and freedom of expression. It is unclear whether those who registered for the larger pro-Hamas demonstration on Saturday will object to the city’s decision.
In Berlin, where similar pro-Hamas demonstrations have been banned, the legal situation is different than in Hesse. A gathering can also be prohibited there if there is a risk of inciting hatred and violence against national, religious or ethnic groups in a way that is likely to disrupt public peace. The same applies if these sections of the population are insulted, maliciously scorned or slandered. This addition does not exist in Hesse.
Interior Minister: Crimes likely
Hesse’s Interior Minister Peter Beuth (CDU) shares the assessment that there is a risk of crimes being committed at the meetings, such as incitement to hatred or condoning crimes. This is evident from the calls for participation. “Highly anti-Israel” and anti-Semitic statements are to be expected, including negating Israel’s right to exist. In addition, a considerable willingness to use violence is conveyed. Beuth said the police would intervene “low-key and decisively” if anti-Israel rallies took place despite the ban. “We will immediately stop propaganda for terrorist organizations or public approval of murders if they are nevertheless discovered.” The police officers have been trained with regard to prohibited license plates and organizations.
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