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Detained during a Pro-Palestinian Protest Ahead of Legal Hearing

In relation to a contentious rally slogan linked to the Gaza Conflict, a legal proceeding was anticipated. However, rather than following through with the trial, police recorded fresh instances of disturbance.

Demonstration by Palestinians at the Criminal Court in Berlin-Moitab
Demonstration by Palestinians at the Criminal Court in Berlin-Moitab

At a Palestinian protest outside Berlin's Criminal Court, tension escalated into riots and clashes with law enforcement. Police officers temporarily apprehended various individuals, including a 28-year-old woman who was set to stand trial.

The crowd of roughly 100 demonstrators shouted disruptive slogans, including the controversial phrase, "From the river to the sea, Palestine will be free." There were frequent explosions of firecrackers targeted at the authorities.

Police presence was substantial. The protesters attempted to thwart arrests, resulting in skirmishes with the officers. Some officers employed unwarranted force against the participants. The gathering supported the 28-year-old woman, who was accused of employing unlawful symbols.

Penalty for Chanting Controversial Slogan

The protester was implicated in uttering the controversial slogan during a Palestinian rally in Berlin in March. Initially, the court levied a fine of 40 daily installments of 40 euros in a summary judgment procedure. However, upon her appeal, a formal trial was scheduled.

Unanticipatedly, the trial was delayed before it commenced. The reason behind this delay was the departure of a dozen objections from the defense, which the judge reportedly wasn't adequately prepared to address. The allotted time for the trial was deemed insufficient, according to a court spokesperson. The trial was rescheduled for November 11.

Following the trial postponement, the 28-year-old rejoined the demonstrators and loudly recited the slogan for which she was implicated.

Dispersal of Protest Outside Court

A spokesperson stated that the police intervened due to numerous hate speech eruptions and demanded the event leader to halt this behavior. However, the leader failed to respond. As a consequence, the police dissolved the gathering. The majority of the demonstrators remained stationed in front of the court building, with many linking arms.

The police cleared the assembly, causing traffic congestion and halting tram operations. Investigations are underway for hate speech, attempts at bodily harm, and breaches of the Berlin Freedom of Assembly Act, among other infractions, a police spokesperson confirmed.

Defense: Wrongfully Accused

From the defense's perspective, the protester was unjustly accused. Her attorney, Nadija Samour, stated that her client doesn't dispute the occurrences, but the slogan is not punishable; it's safeguarded by the right to expressive freedom. With her evidence motions, the defense aims to illustrate the slogan's origin.

Courts in Germany have handled the slogan's evaluation differently. To date, there is no constitutional court ruling. The Regional Court of Mannheim recently ruled that the slogan would not be punished.

In Berlin, the Local Court of Tiergarten imposed a fine of 600 euros (40 daily installments of 15 euros) approximately two weeks ago on a 22-year-old woman for endorsing crimes. She had recited the slogan during a Palestinian rally a few days after the Islamic Hamas attacked Israel on October 7, 2023.

According to the judgment, the slogan was perceived in the context of the terrorist attack. The chant could only be construed as a denial of Israel's right to exist and endorsement of the attack.

Men and boys joined the demonstrators during the tense protest, adding to the crowd of roughly 100 individuals. Despite the police intervention and attempts to arrest participants, some men actively sought to protect their companions, leading to further clashes with law enforcement.

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