- cross-posted to:
- europe@lemmy.ml
- cross-posted to:
- europe@lemmy.ml
cross-posted from: https://lemmy.ml/post/28684388
In a recent escalation, Berlin authorities ordered the deportation of four pro-Palestine activists – three EU citizens and one American, none of whom were convicted of a crime. Rather, citing Staatsräson, their threatened deportation was for holding anti-Israel views. Although one of these deportations was later deemed invalid by the Berlin Administrative court, the move followed 18 months of cancellations, bans and dismissals of artists, academics and speakers – Palestinians, Jews, Israelis and others – for speaking out against Israel.
In a cruel historical twist, Germany, the perpetrator of the Holocaust, has enabled what numerous observers, including Amnesty International, have identified as a genocide of Palestinians. Rather than learning a universal historical lesson that applies to all people, Germany chose a particularist interpretation of its history, centered on the state’s relation to Israel.
The recent deportation order suggest a dramatic escalation in the influence of Staatsräson, which now seems to extends beyond foreign policy. For example, one controversial clause in a draft of the coalition agreement leaked last month proposes stripping dual nationals of German citizenship if they are found to be “supporters of terrorism, antisemites or extremists who jeopardize the free democratic order.”
This article is misrepresenting what happened.
The four people in question were not simply peaceful advocates. They participated in a violent occupation of university offices, destruction of property, breaking open of closets, graffiti. University employees were threatened with violence and barricaded themselves in their offices. Some employees reported being physically assaulted.
State attorneys are prosecuting these crimes against these four. It’s true it hasn’t gone to court yet. All four have formally protested against their deportation and the court has granted them extensions until the verdict.
https://www.tagesschau.de/inland/regional/berlin/rbb-innenverwaltung-verteidigt-moegliche-ausweisung-von-aktivisten-nach-protest-an-der-fu-berlin-100.html
The people in question are not convicted of any crime. Also the state attorneys are not prosecuting the people in question for violent crimes at the event in question. Rather they are prosecuted for “freeing prisoners” because they were outside the building when police brought out people it arrested inside. one of the people is investigated for calling a policemen fascist.
See https://www.lto.de/recht/hintergruende/h/abschiebung-ausweisung-palaestina-aktivisten-rechtswidrig-eugh-freizuegigkeit-berlin for a more neutral description by a legal magazine, which bothers to make proper distinctions:
Roughly translates to:
"The description of the events by the LKA (state criminal investigators) used in the deportation notices is reading less brutal but still threatening. It describes 20 people which empowered themselves entry to the building, vandalised walls and destroyed technical equipment. They are alleged to have carried crowbars, with which they (the 20 people who entered the building) tried to open a room, in which a strongly scared FU employee had barricaded himself. Axes, Saws and clubs are not mentioned. Subsequent to the occupation, multiple arrests occured. Ten suspects -among them the four activists- are alleged to tried to prevent the arrests.
So the police investigators are not claiming the people to have participated in the occupation, but rather to try to prevent arrests that were made because of the occupation.
The next Paragraph:
Translates to:
"The deportation notice against US-Citizen Longbotton only lists this occurence. For the other activists other occurences in relation to different protest actions are mentioned as being under investigation. These are “typical for demonstrations” such as resisting or attacking police officers (§ 113-114) and “Speak-Crime” (sorry for the bad translation) such as insults (§185), hate speech (§130) or using symbols of an unconstitutional organisation (§86a). The attempted prevention of arrests after the FU-occupation is considered by the police as freeing of prisoners (§120).
So none of the people are investigated for violent crime in relation to the FU-occupation.
The article further notes that the “typical for demonstrations” investigations do not warrant a deportation unless convicted and repeated. For the FU-occupation it is noted that this is more serious and could suffice for such a move, however the police reports only provide general descriptions rather than tying specific actions to the activists threatened with deportation.
Long story short: At the time of the deportation notices none of the people were accused for violent crime in regard to the FU occupation. All of this was conjecture made by the interior ministry of the state of Berlin and a willfully or ignorantly complicit press
Are you sure? (German) source::
Translation
E: formatting
As it explains further in your article in the next paragraph:
For clarity for non Germans, the event mentioned regarding the minister occurred in a different state in Germany and was in relation to farmer protests against reducing subsidies on diesel fuel.
So the question of “Landfriedensbruch” is in regards to the entirety of the events, by which then an individual participation could be claimed on the basis of being present. It does not require the individuals charged to actually have been violent or threatening violence. If they were part of an organized crowd from which violence was enacted or threatened that is considered enough.
These kind of charges are often politically motivated, such as with charges and convictions surrounding the G20 summit and protests in Hamburg in 2017:
https://www.dw.com/en/hamburg-g20-riots-polish-man-becomes-first-charged/a-40028143
https://www.wsws.org/en/articles/2017/08/30/prot-a30.html
https://taz.de/Urteil-im-G20-Rondenbarg-Prozess/!6032364/
Note that the lawyer specifically talks about an occupation of the HU in May, not the famously violent one of the FU in October that is discussed in the rest of the article.
Also, the article states that it is currently still investigated by the public prosecutor, outcome unknown.
Therefore, I find it difficult to claim that none of these persons is ‘investigated for violent crime in relation to the FU occupation’, Even if they should decide against ‘Landfriedensbruch’ specifically, something we don’t know, who’s to say it won’t be something else instead?
E: formatting
I really, really don’t understand why we are getting bombarded with posts about those 4 people here. This is the 5th? 8th? 10th article that was posted in /c/europe about this? And it’s infuriating stupid. Germany “has to save its democracy and respect the Holocaust” by letting random people destroy their university buildings? Meanwhile there were some Palestinians in Gaza protesting against Hamas, with a great risk for themselves and their lives. Nobody here did care about this. Nothing those “activists” did will help in any way to solve the conflict. Nothing, absolutley nothing. Let’s not talk about stupid people doing stupid things for stupid reasons and let’s really not smear the history of the Holocaust by doing a comparison here. Kicking out some foreigners doing crimes is not the same as fucking murdering million people on an industrial scale.
Thank you for the article with more details.
Calling resisting and attacking policemen and freeing of prisoners non-violent is a bit of a stretch though.
If you go into fetal position or “make yourself heavy” as police is arresting you, this is “resisting” policemen in Germany. So if a policemen beats you into your stomach and you fall to the ground, making yourself round as a result of the pain in your stomach, you will be charged as a violent offender.
https://taz.de/G20-Urteil-im-Berufungsverfahren/!5567626/
That still doesn’t invalidate that the authorities tried to deport people without a trial, ignoring the presumption of innocence and rule of law in general. That’s at least AfD level disregard for the Grundgesetz.
Everyone involved in this should be forbidden from holding authority until they are able to explain why what they did is the opposite of the values of a Rechtsstaat.
Three of these are EU citizens. The EU wide freedom of movement can be revoked for public order and safety, health, or security reasons.
The corresponding law is Gesetz über die allgemeine Freizügigkeit von Unionsbürgern (Freizügigkeitsgesetz/EU - FreizügG/EU) § 6 Verlust des Rechts auf Einreise und Aufenthalt
Known football hooligans and violent political activists are often barred from entry into other EU countries, if they’re likely traveling to a violent protest or big football match.
The law doesn’t say that a court verdict is necessary, it does say it isn’t sufficient though.
The argument is that these people are a danger to public order and safety. That means this is about prevention (Gefahrenabwehr) of future acts. Prevention is always done to the detriment of the innocent, because nobody has actually done anything yet. All of these are known to be active political activists and at times violent. They are likely to continue their activities, some of which endanger public order and safety. That’s sufficient to make a legal argument.
The courts are working this out now and the authorities are respecting court orders. So, I don’t see where this is disregards the Grundgesetz.
That said, I also think this is targeted repression and the crimes aren’t serious enough to warrant immediate revoking of residence.
The ministry of the interior is testing what the courts require as a minimum for losing residence rights.
That is false. They are not “known to be violent” see my other comment. They are not accused of violence in regards to entering the FU building. They are merely accused for trying to prevent arrests by the police. Something that is already the case if you build a chain and let the cops beat you, but not push through to grab someone they want to grab.
The rest is politically motivated conjecture by the interior ministry.
Because repeated attempts to violate the principles of the constitution by the executive are still causing a lot of damage, even if the courts later catch it. For the people threatened with deportation their life was turned upside down for at least two month now. Losing everything you have in one country, your flat, your personal belongings, your work, your education, your social environment… Those are huge impacts on the individuals protected constitutional rights. These go far beyond what a conviction to a fine or even a short prison sentence would cause in damages to the individual. This is also fundamentally different from your example of people not being granted entry into a country. Being deported from where you life is different from not being able to enter another country for a limited time.
I agree that this is politically motivated and these folks don’t deserve losing their residence.
thank you for using that colorful midi icon on your posts samskara. I can find them very easily and downvote before even reading a word. All zionists should use that icon.