Berlin court tilts the ban on activity for Palestine speakers!

Berlin court tilts the ban on activity for Palestine speakers!

In the case of the Palestine Congress, which took place in Berlin in 2023, the Berlin Administrative Court ruled that the prohibition on activity imposed on the British-Palestinian doctor Ghassan Abu-Sittah was illegal. The immigration authority had prohibited the doctor to participate in the congress and the opportunity to publish what he wanted to say there. This prohibition was justified with the supposed danger that Abu-Sittah could glorify the Hamas terrorist attack on Israel during his speech and support the destruction of Israel, such as Deutschlandfunk reported.

But the court rejected this reasoning. It could not understand why Abu-Sittah's statements should endanger the freedom-democratic basic order or public security. It found that no criminal statements or actions that represent a support for terrorist organizations were used as a reason. The ban on activity was therefore classified as disproportionate. It can be ruled out that Abu-Sittah, who supplied in the Gaza Strip in October 2023, had reached for extremist rhetoric at the congress, the court continued.

criticism of the procedure of the authorities

The Palestine Congress, which the German government wanted to criticize in the Gaza Strip because of an alleged “genocide”, was dissolved by the police after only two hours. The planned speaker Abu-Sittah was rejected by the federal police at the airport when he entered Germany. This raises questions about freedom of expression in Germany, which is particularly protected by the Basic Law. The Federal Center for Political Education emphasizes that state intervention in freedom of expression is only permitted to protect legal goods, but not to check.

Abu-Sittah's lawyer emphasized that his client had neither approved nor approved the Hamas attacks on October 7th. He is certain that his criticism of the Israeli military actions is covered by freedom of expression. The court found that the immigration authority also had to take the role of Abu-Sittahs into account as a contemporary witness of the Israeli air strikes in October and November 2023.

social context

The debated freedom of expression in Germany is closely linked to democracy and political discourse. The legislator is required to protect the balance between freedom of expression and the protection of other legal goods. This makes it clear that the limits of freedom of expression are clearly outlined, but the public discourse should always be promoted. This shows the tension, as in the analysis of BPB Enjoys political speech and is fundamental for the discussion in a democratic society.

The decision of the court could be an important precedent and raises awareness of the need to protect opinions in a democratic framework without excessive interventions by state institutions. It remains to be seen how these legal developments will influence the public discussion and the political landscape.