Expert: German bans on pro-Palestinian rallies are legally dubious

Berlin, Oct 19, (dpa/GNA) – Sweeping bans on pro-Palestinian rallies or demonstrations imposed by German authorities, are potentially problematic and violate core rights, enshrined in Germany’s constitution, according to a leading constitutional law expert.

Police in Berlin have banned nearly all demonstrations, that express support for the Palestinian cause or criticize the Israeli government in the wake of bloody massacres against Israel, carried out by Hamas militants.

Denials of the freedom of assembly are only permissible in Germany “if the assembly itself directly poses an immediate threat to public order and safety,” Michael Wrase, a professor of law at the University of Hildesheim, said on Thursday.

It isn’t enough if authorities suspect, that individuals at the meeting might commit criminal acts, Wrase said.

Wrase said that in his opinion, authorities would need to have reason to believe that “a majority of people at the rally, or the organizers themselves” pose such a threat.

At the moment, authorities have argued that the conflict is so charged that criminal acts, such as expressing approval of attacks on Israel, will occur at virtually every such gathering, Wrase said.

“Whether this sweeping assumption actually justifies such far-reaching bans, I would put a big question mark over that,” he added.

Organizers of pro-Palestinian protests have not yet taken legal action to challenge police bans. Far-right extremists, including neo-Nazi groups, frequently go to court to do so.

Berlin’s education minister also advised schools in the German capital to ban symbols such as the Palestinian flag, scarves or stickers with slogans such as “Free Palestine” in a letter dated October 13.

The minister, Katharina Günther-Wünsch, said such a ban is needed to maintain peace and order within schools, although she added that a decision on “which measures are proportionate and effective for your school within the framework outlined in this letter can only be assessed by you as the responsible persons on site.”

Wrase said the guidelines in the letter are in a “gray area.”

He said that there are legal doubts that wearing the so-called Palestinian scarf, for instance, can always be considered as a sign of “support for Hamas or the terrorist attacks on Israel” – or whether it is merely “a general expression of solidarity.”
GNA