German courts rule against criminalisation of solidarity with Palestine in two rulings, pressure on journalists persists

Freedom of peaceful assembly

Berlin court drops charges against Palestinian rights activist

On Friday, 17th February 2023, a Berlin court dismissed the charges against an activist affiliated with the Jewish Bund, an anti-fascist left-wing organisation. This activist, along with two dozen others, had been detained for expressing support for Palestinian rights on 15th May of the previous year. In 2022, a demonstration to mark Nakba Day, commemorating the mass displacement of Palestinians caused by the creation of the state of Israel in 1948, was denied permission by Berlin authorities due to their assessment that there was “an immediate risk” of “inflammatory, anti-Semitic exclamations” and violent behaviour. As previously reported on the CIVICUS Monitor, protesters gathered despite the ban. Excessive force was reported, with participants in the rally forcefully dragged and shoved by police. Around 20 people were arrested during the protests.

The Jewish Bund released a statement regarding the trial, declaring “We celebrate the dismissal of these absurd charges against one of our comrades and call for the same for all those who were detained.” They further stated they view the decision as a significant victory for activists, noting that it carries particular importance in the broader context of the criminalisation of Palestinians and Palestine solidarity in Germany.

Journalist detained during International Women’s Day demonstrations

On 8th March 2023, freelance journalist Armilla Brandt was arrested while she was covering a feminist demonstration in Karlsruhe. Initially, Brandt was stopped by the police due to her hat and scarf and was asked to “remove her disguise.” Despite explaining to the police that she was present for journalistic purposes, she was taken to the nearest police station along with three other activists. During the detention process, her belongings were searched, her phone was confiscated, and her fingerprints were taken. According to the police officers, she was arrested for resisting law enforcement, as she refused to surrender her press card. Brandt was eventually released after spending three hours in police custody.

In response to the incident, Open Feminist Meeting Karlsruhe (Offenes Feministisches Treffen Karlsruhe) condemned the officers’ actions and deemed them a “clear provocation by the police.” They stated that “the amalgamation of labour disputes with feminist issues and the ever-expanding movement clearly poses a challenge to the state,” implying that police efforts are being made to undermine the movement. Additionally, Jörg Reichel, Managing Director of the German Union of Journalists in Berlin-Brandenburg, described this as “obstruction of press work” and “hostility towards the press,” calling on the Karlsruhe police to “critically assess their conduct and to provide training to police officers in press law.”

Freedom of expression

German court overturns Deutsche Welle's dismissal of Palestinian journalist

Following the dismissal of seven Arab journalists at Deutsche Welle (DW) in February 2022 due to allegations of antisemitism, a victory has been achieved for the group. Journalist Zahi Alawi recently won his lawsuit against DW and, on 24th February 2023, the German Labour Court ordered DW to reinstate him back to his position. Alawi had initially been fired due to his social media posts from 2014, which were deemed antisemitic according to the International Holocaust Remembrance Alliance's definition of the term, which critics say equates anti-Zionism with antisemitism.

In his Facebook post, Alawi condemned the Israeli offensive on Gaza in 2014, in which over 2,000 Palestinians were killed. “What the terrorist state of Israel is doing to the Palestinians is a repeated holocaust,” the post said. In 2021, DW banned journalists from calling the Israeli occupation an “apartheid state” and also advised them not to use the term “colonialism.”

Temporary Twitter Block on ZDF Frontal's Account

On 22nd February 2023, Twitter temporarily blocked the account of ZDF Frontal, the political magazine of the Second German Television (ZDF), for several hours. The media company stated that it received a message from Twitter indicating an incorrect creation date for the account. However, both ZDF and the German Association of Journalists (DJV) suspect that the suspension was linked to a report about missing children in Ukraine that the magazine published on the evening of 21st February. In response to the block on Frontal’s account, Frank Überall, Federal Chairman of DJV, described this action as “an arbitrary and unjustifiable interference with the freedom of broadcasting."

Journalist threatened by right-wing organiser

On 22nd February, Christian Klar, a member of an extreme right-wing group, made threats against journalist Fabian Klaus at a right-wing event held in the city hall of Thuringia, Germany. Klar openly advocated for displaying the journalist's face on a pillory at future demonstrations and suggested that Klaus should be punished for his articles. The following day, Katharina König-Preuss, Spokesperson for migration policy, anti-fascism, and anti-racism for the Left Party (Die Linke), condemned this “insidious attack on freedom of the press and on specific journalists” and expressed solidarity with “the media representatives who are repeatedly targeted for their investigative work.” The event was attended by several hundred people from right-wing extremist groups, namely the Free Thuringians, Free Saxony, and AfD.