Ongoing Disputes in the Middle East Region - Contentious Palestinian Advocacy Rally in Legal Setting
At the Criminal Court Moabit, a crowd turned out for a pro-Palestinian rally. They blared out hostile slogans, one of which was the disputed, "From the river to the sea, Palestine will be free". The day's lineup included a 28-year-old lady who was set to face trial at the Tiergarten District Court. Several pops of firecrackers echoed through the air, as law enforcement officers swarmed the area in large numbers.
The trial never got underway, thanks to a flurry of requests by the defense in front of an unprepared judge, resulting in a postponement. The trial has been rescheduled for November, as stated by the defense.
Defense's Case: Innocent Accused
The 28-year-old stands accused of uttering the disputed phrase at a pro-Palestinian event in Berlin back in March. She's charged with displaying forbidden symbols. The court initially imposed a fine containing 40 instalments of 40 euros during a summary hearing. However, due to her appeal, an oral trial was mandated.
According to her lawyer Nadija Samour from the defense, the 28-year-old has been falsely accused. No evidence is there to challenge the facts, Samour said, but the phrase itself is safeguarded under freedom of speech. The defense aims to shed light on the slogan’s origins with the help of their evidentiary motions.
Diverse Jurisdictions' Viewpoints
So far, courts have reviewed the slogan with varying perspectives across the country. A final ruling has yet to surface from the higher courts. Recently, the Regional Court of Mannheim ruled the phrase to be unpunishable.
In Berlin, the Tiergarten District Court fined a 22-year-old almost two weeks ago to the tune of 600 euros (40 daily installments of 15 euros) for espousing criminal actions. She had belted out the slogan at a pro-Palestinian protest in the wake of the Islamic Hamas' attack on Israel on October 7, 2023. The verdict indicated the slogan must be interpreted with the context of the terrorist attack. The chant was seen as denial of Israel's right to exist and support for the attack under this context.
The 28-year-old's trial for uttering the disputed phrase at a pro-Palestinian event will be held at the Tiergarten District Court, a different jurisdiction from the Criminal Court Moabit where the initial rally took place. Despite the Tiergarten District Court initially imposing a fine for displaying forbidden symbols, the defense's appeal led to an oral trial being mandated due to the slogan being protected under freedom of speech.
