Berlin Court Convicts Activist for Leading Controversial Chant Amid Rising Tensions

[Social Media]

 

In a controversial decision, a Berlin court has convicted pro-Palestinian activist Ava Moayeri of condoning a crime for leading the chant "from the river to the sea, Palestine will be free" at a rally in the German capital. The rally took place just four days after the Hamas attacks on Israel, and the court's ruling has sparked a heated debate about free speech.

 

Presiding judge Birgit Balzer ordered Moayeri, a 22-year-old German-Iranian national, to pay a €600 (£515) fine, dismissing her defense that she was merely expressing support for "peace and justice" in the Middle East. Balzer stated that she "could not comprehend" the logic of previous German court rulings that found the slogan to be "ambiguous." To her, it clearly "denied the right of the state of Israel to exist."

 

The judge acknowledged that such an opinion could fall under freedom of expression in Germany but emphasized that the context of the "biggest massacre of Jews since the Shoah" made this case particularly sensitive. This trial is one of several in Germany examining the country's strict limits on pro-Palestinian demonstrations since the 7 October Hamas attacks in Israel and the subsequent destruction in Gaza.

 

Moayeri's defense team argued that the ruling marked a defeat for free speech. Her lawyers contended that this was the first trial in Berlin to center on the use of the politically charged phrase. The slogan is especially contentious in Germany, where support for Israel is considered a matter of Staatsräson, or reason of state, due to Germany's historical responsibility for the Holocaust.

 

Judge Balzer also highlighted Germany's obligation to ensure that Jews in the country feel "safe and comfortable," particularly in light of the rise in antisemitic crimes since 7 October. About 100 protesters outside the courthouse could be heard chanting "Free, free Palestine" as the verdict was read. Moayeri, smiling at her 20 supporters inside the courtroom, was met with cheers upon leaving the building. Two members of the public shouted "against repression" after the judge closed the trial.

 

State prosecutors, who had initially demanded a €900 fine, said they would consider an appeal. Moayeri’s lawyer, Alexander Gorski, condemned the ruling as a victory for "state oppression" and vowed to challenge the verdict in a higher court. Moayeri, who has no previous criminal record and identifies as an activist for feminist and refugee causes, co-organized the protest on 11 October near Sonnenallee in the diverse Neukölln district of Berlin.

 

Moayeri testified that the rally was organized in response to media reports of a teacher hitting a pro-Palestinian student, and the protest aimed to condemn "violence in schools." However, two police officers dispatched to the scene disputed this account, stating that participants waved Palestinian flags, wore keffiyehs, and did not mention school safety in their slogans.

 

Her legal team argued that the slogan is a "central expression of the global Palestine solidarity movement" with historical roots predating Hamas. They insisted that Moayeri rejected "any form of antisemitism." The phrase "from the river to the sea" refers to the land between the Jordan River and the Mediterranean Sea, encompassing Israel and the occupied Palestinian territories. The slogan's interpretation varies globally, ranging from calls for peace and democracy to more extreme views.

 

The legal framework in Germany for assessing the slogan is complex, with courts issuing varied interpretations. Last November, Interior Minister Nancy Faeser banned Hamas activities in Germany, including the use of the phrase, declaring it a Hamas slogan. In February, Justice Minister Marco Buschmann suggested that the phrase could be seen as "antisemitic incitement" and as condoning killings committed in Israel.

 

German police have frequently used the slogan as a reason to revoke permission for protests or as a condition for granting permission. In June, a Bavarian court ruled that the phrase expected at an upcoming demonstration in Munich did not constitute a crime and could not be banned outright, stating that the "benefit of the doubt" must prevail. This decision was criticized by the Central Council of Jews in Germany, which represents the roughly 200,000-strong community. The Council stated, "Hamas’s battle cry means the annihilation of Israel and the expulsion and destruction of the Jews living there," emphasizing that it is the German state's "urgent duty" to clarify the phrase's implications.

 

Credit: The Guardian  2024-08-08

 

 

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[nobodysfriend]

4 hours ago, Social Media said:

a Berlin court has convicted pro-Palestinian activist Ava Moayeri of condoning a crime for leading the chant "from the river to the sea, Palestine will be free" at a rally in the German capital.

 

Germany is heavily biased towards Israel .

Critical views of Israel are not wanted there , no matter what happened ...

Shame .

[stevenl]

14 minutes ago, nobodysfriend said:

 

Germany is heavily biased towards Israel .

Critical views of Israel are not wanted there , no matter what happened ...

Shame .

I agree with your general sentiment. But this i think is a personal opinion of the judge that won't hold out on appeal.

"Balzer stated that she "could not comprehend" the logic of previous German court rulings that found the slogan to be "ambiguous." To her, it clearly "denied the right of the state of Israel to exist.""