Germany’s enforcement of criminal code draws criticism for targeting Palestine supporters

ISTANBUL 

Germany’s application of its criminal code against Palestine supporters has come under scrutiny, with accusations of unequal enforcement and suppression of free speech.

Yalcin Tekinoglu, a criminal lawyer specializing in cases of anti-Muslim discrimination in Germany, has raised concerns about the government’s use of Section 130 of the German Criminal Code. This section, which deals with incitement to hatred and denial of genocide, is being employed in a way that Tekinoglu describes as a “weapon” to intimidate and silence supporters of Palestine.

According to Tekinoglu, while Section 130 has long existed, its application has intensified significantly since Oct 7. He notes that even social media posts critical of Israel are now being interpreted as potential crimes that could incite hatred or disturb the peace in Germany.

Unequal enforcement, double standards

The lawyer highlighted the “double standard” in the application of the law. He pointed out that when Muslims or non-Jews face discrimination or insults, the courts are often reluctant to apply Section 130. He also noted cases involving alleged anti-Semitism are now being handled by federal prosecutors, potentially leading to more severe penalties, including deportation.

“A man arrested for arson of a mosque might not be labeled as an anti-Muslim offender. However, attending a protest in support of Palestine can immediately result in charges under Article 130 and be recorded as an anti-Semitic offense,” said the lawyer.

Germany hosts one of Europe’s largest Palestinian communities, which Tekinoglu believes is a factor in the stricter application of the law. He reported numerous cases of German police applying Section 130 without proper justification, affecting many individuals within the Muslim community.

Tekinoglu raised concerns about the right to protest and freedom of expression in Germany, mentioning cases where individuals sharing cartoons depicting Israel’s actions in Gaza have received legal notices, potentially impacting their residency status or education.

Call for equal treatment

Stating that Germany’s biased attitude harms its perception of the rule of law, Tekinoglu said: “Unfortunately, there is a great deal of discrimination in Germany. In schools, workplaces, and public spaces, discrimination is practiced against Muslims, foreigners, and even fourth-generation citizens born in Germany.”

The lawyer emphasized the need for equal treatment under the law, regardless of political or ideological leanings. He said while politicians may express ideological views, judges, prosecutors, and teachers should remain impartial. He called for a balanced approach that respects the constitutional right to freedom of expression for all groups.

Section 130 calls for up to three years in prison or a fine for those who incite hatred and violence in a way that disturbs the public peace, who commit degrading and humiliating acts against a particular group or individual, and who deny crimes committed under Nazi rule.

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