DThe Frankfurt Administrative Court has ruled that restrictions on two Palestine demonstrations imposed by the city are unlawful. In one case it is a demonstration that took place on Friday evening under the motto “From the river to the sea – Palestine will be free!” For a free Palestine for ALL people!” should take place. The city banned the statements “Jews murder children” and “from the river to the sea”. The applicant filed an urgent application against the second part.
The administrative court upheld this. The judges justified this by saying that, despite nationwide case law, it was not clear whether the slogan “from the river to the sea, Palestine will be free” was criminally relevant. The court is aware that Hamas also uses them. However, the applicant credibly distanced himself from their goals and expressly spoke out for “a free and peaceful Palestine for all people with equal rights, regardless of religion or origin”. An actual connection to Hamas and thus possible criminal liability cannot therefore be “even remotely” deduced.
VGH confirms decision
In the court's opinion, there is no danger to public safety and order, which is a prerequisite for bans. The city's danger forecast is not sufficient and the police have no corresponding information. All of the applicant's meetings so far have been peaceful and he has been cooperative.
In a second decision, the court also declared the city's subsequent order that the applicant was not allowed to take part in the rally to be unlawful. Here, too, there is no specific danger situation and the city has not presented any new findings. In their decision, the judges also referred to the Hessian Administrative Court (VGH): On Friday afternoon, in response to the city's complaint, it confirmed the first court decision and declared the requirements to be unlawful.
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The judges in the second instance also consider the criminality of the slogan “from the river to the sea” to be “extremely doubtful”. This alone says nothing about how the goal should be achieved: In principle, it is possible through international treaties, a two-state solution, a unified state with civil rights for everyone or through armed struggle. The city did not provide any concrete evidence that the person registering the rally necessarily wanted to use the slogan as a call for violence and terror against Israel. Although Hamas is now banned in Germany, the Senate believes that using the slogan only has a criminal impact in direct connection with Hamas.
According to Hesse's former Justice Minister and current Interior Minister Roman Poseck (CDU), it was the Interior Ministry that had asked the city to take all legal options to prevent the rally. In his opinion, the slogan fundamentally questions Israel's right to exist and this is usually accompanied by an anti-Semitic attitude. “We can’t allow this on our streets.”
Conditions for the second rally are also illegal
According to his statement, Poseck, who was at the head of the ordinary judiciary – including the criminal courts – as President of the Higher Regional Court before entering politics, is of the opinion that the slogan is already punishable today. Because the courts repeatedly expressed doubts about this, it was essential to include the denial of Israel's right to exist in the criminal code. He had already campaigned for this as Minister of Justice.
The city had also imposed conditions for a second rally on Saturday at the Hauptwache, which had been registered by the Palestine Association: There should be no calls for the destruction of Israel, the statements “Jewish child murderers” and “from the river to the sea” were not allowed prohibited. The association's urgent application against this was also successful before the administrative court. The judges found that the city did not provide sufficient specificity that such statements were to be expected. Simply referring to the club, which is not banned, is not enough. With regard to “from the river to the sea,” the city only argued that it would be punishable if the slogan was uttered as a symbol of Hamas. But whether this will happen at the rally on Saturday is speculative.
As far as the slogan “Jewish child murderers” is concerned, the judges believe that criminal liability exists. However, the applicant credibly distanced himself from the fact that it could be used. According to a spokesman for the public order office, the city has also lodged a complaint against this decision. However, a decision from the VGH was still pending on Friday afternoon.
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