Germany: Comedian Böhmermann to appeal against court injunction on Erdogan poem

May 18, 2016 By administrator

0,,19192771_303,00 The German TV host has decided to appeal against a court’s decision to prevent him from reciting a poem critical of Turkish President Erdogan. The verse accuses the leader of bestiality and watching child porn.

Böhmermann’s lawyer Christian Schertz said on Wednesday that the Hamburg court’s decision to put a restriction on the poem was “blatantly wrong” and based on “technical errors.”

Schertz said he would file an appeal against the injunction and even push for a decision from the Constitutional Court. “You can’t cut up a painting and only allow parts of it to be shown,” he said.

If he failed to respect the injunction, Böhmermann would have to pay up to 250,000 euros or spend six months in jail.

‘Slanderous and defamatory’

The German judiciary system allows plaintiffs to register a case in a court of their choice. The Turkish president filed a complaint at the court in Hamburg, known to be particularly strict in cases of defamation.

The court’s judges had said on Tuesday that the poem was subject to artistic freedom but contained sexual references that were “slanderous and defamatory” of the Turkish president. They insisted that their decision was based on balancing freedom of opinion, on the one hand, and the personal rights of the plaintiff, Recep Tayyip Erdogan, on the other.

“The court has found that the statements in the poem are undeniably slanderous and defamatory and that it is not a question of taste,” Erdogan’s lawyer Michael von Sprenger told reporters after the verdict was announced.

Merkel’s intentions under question

Böhmermann’s poem about Erdogan was aired on March 31 in German public television. It made fun of the Turkish leader’s authoritarian policies and accused him of indulging in child pornography and having sex with goats.

Last month, the German chancellor allowed a request from Erdogan to investigate the comedian under a law that prosecutes people insulting foreign heads of state. Although prosecutors have not yet filed charges, the incident has sparked a nationwide debate on freedom of speech in Germany.

Critics have also questioned Angela Merkel’s intentions regarding Germany’s relationship with Turkey, which is part of a multi-billion deal to take back refugees fleeing to Europe.

mg/bw (dpa, epd)

Source: DW

German state seeks to scrap lese majeste law even faster #Böhmermann

April 21, 2016 By administrator

0,,19193592_303,00 Politicians in Germany are preparing a motion which might protect German satirist Böhmermann, after Ankara filed a defamation suit against him. Meanwhile,

The state of North Rhine-Westphalia is seeking an initiative to scrap the German lese majeste law faster than currently planned, the state’s justice minister, Thomas Kutschaty, told the German daily “Rheinische Post.”

The law, which forbids defamation of foreign heads of state, is in the center of the widely publicized scandal surrounding comedian Jan Böhmermann and Turkish President Recep Tayyip Erdogan.

Erdogan’s lawsuit against Böhmermann has sparked a fierce debate on freedom of speech in Germany, and put pressure on the federal government to change the law. According to Chancellor Angela Merkel, however, this would not happen before 2018.

State lawmakers poised to decide

The upper chamber of German parliament might solve the issue much sooner, according to North Rhine-Westphalia’s minister Kutschaty.

“I want to bring forth a motion aimed at immediate scrapping of lese majeste law before the chamber,” he told the Wednesday edtion of “Rheinische Post.”

“Then, they would not be able to convict [Jan] Böhmermann,” he added.

The lawmakers might discuss the initiative as soon as mid-May, according to state officials from North Rhine-Westphalia, where Böhmermann also resides.

In Germany, the upper house of the parliament consists of members from all 16 German states, often with different political parties in charge from region to region. Several other states had indicated their support, according to Kutschaty.

If the law is changed or scrapped before the court decision, the judges would be legally obliged to follow the milder regulation.

Also on Wednesday, the Dutch “Telegraaf” newspaper reported that the cabinet in the Hague was mulling over a legal move to scrap a similar law in the Netherlands.

‘Nothing to whine about’

Violators of the current German law can face a maximum sentence of three years in prison.

Also, according to the regulations, the German government needs to approve defamation lawsuits before the investigation starts. Berlin’s decision to give the green light in Böhmerman’s case has prompted accusations against Chancellor Merkel, with government critics claiming she surrendered freedom of speech to Ankara.

German comedian Dieter Nuhr, however, publicly backed the government’s position stating there was “nothing to whine about” when it comes to the investigation against Böhmerman.

“A certain Mr. Böhmermann has insulted the Turkish president in a poem,” he wrote in the article for the German “Tagesspiegel” on Wednesday. “There might be good reasons to insult [Erdogan], but defamation is forbidden by law. And that applies to the Turkish president, because our laws apply to everybody. This, among other things, is the difference between us and Turkey. We have the rule of law.”

According to Nuhr, “everybody can sue everybody” in Germany, even Nazis, terrorists and other people who may not believe in the rule of law themselves.

Thus, Berlin was right to approve the investigation, Nuhr wrote, adding that “not everything is allowed in satire.”

“In addition, the lese majeste law … should be scrapped. This is also a good idea. Until then – it applies. That is how we do it when it comes to laws,” he added.

Germany: Prosecuting Böhmermann satire for dictator Erdogan could ‘cost Merkel the chancellery’

April 11, 2016 By administrator

0,,19178912_303,00 (DW)Turkey is asking Germany to prosecute a satirist who made fun of its president. No matter how Merkel decides, experts say she can’t win. She’ll either offend an important diplomatic partner or alienate German supporters.

Jan Böhmermann has probably never received this much attention in his entire life. The German comedian is at the center of a controversy surrounding the question of what qualifies as satire and how far the limits of free speech stretch.

On Monday, the German government announced it would look into Turkey’s request to prosecute Böhmermann for a taunting poem the satirist presented in his weekly TV show, “Neo Magazine Royale.” In it, Böhmermann called Turkish President Recep Tayyip Erdogan a “zoophile,” accusing him of sleeping with goats and beating up girls, Christians and Kurds.

In his show, the comedian said that the poem he was about to read would be illegal and that he wanted to show what satire is and isn’t allowed to do in Germany. The law in question prohibits insulting foreign heads of state. One of its particularities is that the German government, and not the state prosecutor, has to decide whether to take up criminal proceedings.

‘Lose-lose situation for Merkel’

“I find it problematic that the government, which is not part of the judiciary, has to make this decision,” political scientist and journalist Frank Überall told DW. “Government politicians are stuck in this intricate diplomatic web and decisions like this one have no place in that.”

The diplomatic spat between Turkey and Germany comes at an especially inopportune time. For Chancellor Angela Merkel, Turkey is an important partner in the refugee crisis. The EU and Erdogan’s government agreed on a deal in March that sees Turkey taking back refugees that entered the EU illegally via Greece. In return for Turkey’s help, the European Union will restart talks with the country about joining the EU.

Critics of the deal had already complained that by entering the agreement, Merkel would make herself too dependent on Erdogan, a man whose regime has recently made news by shutting down newspapers and arresting government-critical journalists.

Even foreign politicians have entered the discussion. Former Greek finance minister Yanis Varoufakis has proclaimed his support for Böhmermann.

Now Erdogan is putting Merkel on the spot.

“It’s a lose-lose situation for Merkel,” Alexander Kissler, media researcher and journalist with political magazine “Cicero,” told DW. “She either loses face with Turkey or she loses face domestically if she agrees to prosecute Böhmermann.”

Fateful phone call

German broadcaster ZDF, the channel where “Neo Magazine Royal” airs, has deleted the poem from its online media center. Merkel tried to calm the waters, too, by calling Turkish Prime Minister Ahmet Davutoglu on Sunday. That information was released publicly, including her quote that the poem was “deliberately offensive.”

“That call was a big mistake, especially making it public,” Kissler said. Her “attempt to tame Turkey” failed and everyone could see it.

On Monday, Merkel’s spokesman said the government would take a few days to look into the issue before deciding whether Böhmermann should be prosecuted. Kissler sees this statement as a diplomatic gesture, but says that eventually, Merkel’s government will have to deny Turkey’s request. “Anything else could cost Merkel the chancellory,” he said.

An overwhelming majority of social media users in Germany supports Böhmermann, so Merkel would indeed face domestic outrage should she agree to criminal proceedings. Twitter user Gräfin Kerssenbrock, for example, called the German government’s stalling a “complete failure.”