Freedom of assembly threatened by bans on pro-Palestine protests, journalists harassed

Introduction

Deputy premier of Bavaria accused of antisemitism

Hubert Aiwanger, Deputy Prime Minister of Bavaria from the right-wing populist party Freie Wähler (Free Voters), has caused outrage with the revelation of an anti-Semitic pamphlet that he distributed at school at the age of 17. The pamphlet was allegedly written by his brother, who confessed to its authorship. In the pamphlet, Auschwitz was labelled an “entertainment quarter”. Bavarian Prime Minister Markus Söder described the pamphlet as “hateful and revolting”, but decided not to dismiss Aiwanger as he considered this consequence to be disproportionate.

Far-Right Politician to Face Trial Over Nazi Slogan

Björn Höcke, a senior member of the far-right Alternative for Germany (AfD) party and leader of the AfD in Thuringia, will face trial for allegedly using a Nazi-associated slogan, "Everything for Germany," in a campaign speech. In Germany, symbols and propaganda from anti-constitutional groups like the Nazis are banned. Höcke is also under investigation for incitement related to racial hatred from a 2022 incident, for which his parliamentary immunity was lifted.

Neo-Nazi Group Hammerskins Banned

Germany has banned the neo-Nazi group Hammerskins Deutschland, an extremist organisation with links to the United States. The ban, announced by Interior Minister Nancy Faeser, was accompanied by raids on the homes of 28 members. The ban extends to the organisation’s regional branches and its subgroup, Crew 38. According to the Ministry, the group used music as a means to recruit and indoctrinate followers and fund their activities, organising concerts and selling merchandise. In 2022, Germany experienced a record number of politically motivated crimes, with far-right movements on the rise. Faeser warned that "right-wing extremism remains the greatest extremist threat to Germany's democratic order."

Freedom of peaceful assembly

Climate Activists Fined for Airport Blockades

Activists from the environmental group Last Generation were fined a total of €6,590 for disruptive protests at Berlin Airport. In three incidents during 2022, they glued themselves to the runway, halting air traffic. Police stated that the fines would cover the cost of dispersing the demonstrators. Last Generation defended their actions, asserting that civil disobedience is necessary to highlight the urgency of the climate crisis.

Climate Activists Arrested for Defacing Monument in Berlin

Last Generation activists sprayed six columns of Berlin’s Brandenburg Gate with orange paint on 17th September 2023. The paint also covered Pariser Platz, the square at the foot of the monument, and a nearby road. Fourteen activists were arrested. As with many of their actions, the group's primary message was the pressing need to reduce fossil fuel dependence and invest in sustainable energy sources.

Systematic Bans on Pro-Palestinian Demonstrations Threaten Freedom of Peaceful Assembly

The terrorist attack on Israel carried out by Hamas on 7th October 2023 and Israel's subsequent violations of international law and international humanitarian law towards the Palestinians have provoked many strong reactions worldwide, including in Europe, some of which have led to strong polarisation. In Germany, this has led to particularly strong tensions and concerning trends in respect for civic space.

Bans have been systematically applied to prohibit pro-Palestinian demonstrations in the period since 7th October 2023. According to reporting by Coda Story, by early November, police had banned approximately half of all planned pro-Palestine demonstrations due to alleged security risks. This trend is not new; previous pro-Palestinian demonstrations, such as those commemorating the Nakba, have been forbidden on similar grounds, as previously reported by the CIVICUS Monitor.

During these protests, there were numerous arrests by the police. On 5th November 2023 in Berlin, thousands marched peacefully in solidarity with Palestine. Despite the peaceful nature of the protest, 60 people were arrested. A large number of police interventions were reported in relation to the pro-Palestine demonstrations. The police claim that these actions were necessary, while concerns continue to grow about the proportionality of the authorities' response.

On 10th October, Berlin police banned a march called “For a Free Palestine,” citing previous incidents where inflammatory and antisemitic statements had been made, with expectations that similar statements could occur again. Berlin’s CDU mayor, Kai Wegner, expressed support for the decision. Pro-Palestinian protests were also banned in Munich for similar reasons. Following widespread criticism, the Munich Administrative Court overturned the ban on 19th October, permitting a demonstration planned for that day at an alternate location. The court found that the predicted risks did not justify such a broad restriction on the right to peaceful protest.

Over 100 German-Jewish intellectuals condemned the bans on pro-Palestinian protests in an open letter, emphasising that such measures are being used “to suppress legitimate and non-violent political expression, which may include criticism of Israel.”

Freedom of association

Ban on Samidoun & "from the river to the sea"

On 2nd November, Germany banned the terrorist organisation Hamas and the Palestinian solidarity group Samidoun. The latter stems from the group’s alleged expression of anti-semitic hate following the 7th October attack on Israel. This move followed Chancellor Olaf Scholz’s announcement that German authorities will pursue a policy of “zero tolerance” towards any support for Hamas after their attacks on Israel. Samidoun has vowed to challenge the ban, calling it unjust.

As part of the ban on Hamas, the Federal Ministry of the Interior also ordered a ban on the slogan "from the river to the sea," in German or any other language. It has now been left up to authorities at the level of individual federal states to decide how to implement the ban. According to media reports, prosecutors in Bavaria have announced intentions to prosecute use of the slogan under statutes prohibiting the display of symbols associated with terrorist organisations, threatening imprisonment of up to three years or a fine.

Freedom of expression

Proposal to Tie German Citizenship to Support for Israel

German Federal Justice Minister Marco Buschmann has advocated blocking citizenship for those displaying antisemitic behaviour, citing Germany's historical responsibilities towards Israel. His position follows an even stronger proposal by CDU leader Friedrich Merz, suggesting that applicants for German citizenship should sign a statement recognising Israel's right to exist, a prerequisite he links closely to German identity.

Journalistic Freedom Hindered at Pro-Palestine Protests

Police have reportedly interfered with journalists' work during several pro-Palestine protests. On 18th October, during a large demonstration in Berlin's Neukölln neighbourhood, a police officer shoved a press photographer, nearly causing him to fall. On 21st October, journalist Nazeeha Saeed was forcibly removed from an area where other journalists were reporting, despite showing her ID and press credentials. She noted that two of her colleagues, who are white and male, were allowed to continue reporting from the same location.

Other incidents involved bystanders obstructing journalists. On 2nd November, demonstrators in Berlin covered a journalist's camera lens with their hands; a similar occurrence took place on 4th November, where journalists were also called "fascists." Further instances of harassment during pro-Palestine protests included verbal abuse of an RBB news crew on 17th October and physical threats and attacks on journalists by crowds on 11th and 15th October. Journalists were also obstructed during a protest organised by Global South United on 28th October in Berlin, with reports of aggressive shoving and camera-grabbing.

Harassment of Journalists at Far-Right Rallies

Attacks on journalists during far-right demonstrations continued this autumn. Physical assaults occurred on 3rd September at a Free Saxony rally in Crimmitschau, on 7th September at an AfD rally in Oranienburg, on 12th September at a Querdenker demonstration in Achern, on 3rd October at a Berlin Querdenker rally, and on 6th November at a gathering of the far-right movement PEGIDA.

In addition to anonymous rally participants, far-right politicians also engaged in discrediting journalists and obstructing their work. On 25th September, AfD politicians C. Rohde and R. Wasiliew repeatedly urged attendees not to speak to journalist Joachim Schaefer, and on 3rd October, AfD parliamentary leader in the Brandenburg state parliament Hans-Christoph Bernd accused two journalists of being “Antifa” members and taking unauthorised photos. The journalists stopped reporting due to security concerns after multiple attempts by participants to interfere.

Neo-Nazi Threats Against Journalists

On 3rd September, journalist David Janzen faced intimidation at his home in Braunschweig, where graffiti, a candle, and a cross with his name were left, alongside red writing linking him to leftist movements. Raw meat was also left in his mailbox. Janzen, who is a spokesperson for the Braunschweig Alliance Against the Right, sees this incident as connected to neo-Nazi groups. Police have opened an investigation, following similar intimidation attempts in 2019.

Journalist Investigated After Reporting on Far-Right Extremism

German freelance journalist Joachim Schaefer is being investigated by Middle Hesse Police for posting a video from an AfD campaign event, which captured individuals making extremist statements. The video, which the journalist published on X (formerly Twitter), was recorded in front of a building where the AfD was launching a local election campaign in the municipality of Geilshausen. The footage contains statements by a man calling himself a National Socialist and another person comparing the member of the Bundestag Felix Döring (SPD centre-left party) to Josef Mengele, the Nazi “doctor” and war criminal. Authorities justified the investigation against the journalist with their suspicion that the people in the video were filmed without consent. Schaefer defended his decision to share the video, stressing his responsibility to warn of threats to democracy. Journalists' associations criticised the investigation as an attempt to deter coverage of far-right extremism.

Palestinian Author Silenced at Frankfurt Book Fair

Palestinian author Adania Shibli was set to receive the LiBeraturpreis 2023 at the Frankfurt Book Fair, an award recognising female authors from Africa, Latin America, and the Arab world. However, organisers postponed the ceremony due to the conflict in Palestine, claiming it was a joint decision with the author, which her literary agency denied. In response, over 350 authors signed an open letter condemning the postponement as censorship, highlighting the need for cultural spaces to support Palestinian voices. The award had previously stirred controversy, with one juror resigning over Shibli’s depiction of Israeli soldiers, which some found overly negative.

Journalist Forced to Delete Footage of Ill-Treatment

On 20th September, journalist Lennart Mühlenmeier was threatened by police to delete footage of officers using a taser on a migrant in Berlin. Officers threatened to confiscate his phone and press criminal charges against him, despite his press credentials. Germany’s journalist union, Vereinte Dienstleistungsgewerkschaft (ver.di), condemned the incident as an obstruction of press freedom.

Bomb Threats Against Media Outlets

On 23rd and 24th October, bomb threats led multiple media stations to evacuate their premises as a precaution. The targeted outlets included Zweites Deutsches Fernsehen (ZDF) in Mainz, as well as the radio stations Antenne Thüringen, Landeswelle Thüringen, Radio Top40 in Weimar, and ARD-aktuell’s editorial office in Hamburg. The authenticity of the threats, which also extended to schools and referenced Hamas, remains uncertain.