- In a legal setback for Thuringia's AfD, their lawsuit against the constitutional protection was unsuccessful.
In the run-up to Thuringia's state election, the local AfD branch failed to overturn a lawsuit against the state's Office for the Protection of the Constitution. The Administrative Court in Weimar dismissed the party's complaint against their 2021 report as unjustified. AfD had requested the removal and correction of three sections, but this didn't affect the report's categorization as "unambiguously right-wing extremist."
AfD's co-state spokesman, Stefan Möller, voiced his displeasure with the decision, vowing to take the matter further to the Thuringian Higher Administrative Court. The deputy head of the Office for the Protection of the Constitution, Roger Derichs, appeared optimistic about the verdict's permanence.
Historical revisionism and disrespect to human rights
The trial centered around three sections in the report that presented statements from state spokesmen Björn Höcke and Stefan Möller as misrepresented and condensed from AfD's perspective. These sections fell under the headings "Islamophobia: Violation of Human Rights," "Assaults on Rule of Law Principles," and "Historical Revisionism."
The presiding judge maintained that the quotes were correctly presented and their interpretation stayed within acceptable limits. The office saw a violation of human rights in a statement from Björn Höcke implying not all cultures are compatible. Additionally, a post about the Day of Mourning, which left out Holocaust victims from a list of war victims, could be considered historical revisionism.
Public interest prevails
The judge determined that the public's interest outweighed the stigma attached to the party due to the publication. Further, AfD representatives could still voice their opinions despite the publication.
The AfD frequently challenges classifications by the Office for the Protection of the Constitution at state or federal levels. The Higher Administrative Court in Münster upheld the federal affiliate's right-wing extremist classification in May. Similarly, the Administrative Court in Munich supported the classification of the AfD in Bavaria. In Thuringia, according to Möller, there are no plans to challenge the "unambiguously right-wing extremist" label.
For weeks, the AfD has polled at around 30 percent in Thuringia, leading other parties. The state election is scheduled for September 1.
Despite AfD's co-state spokesman Stefan Möller's intent to challenge the court's decision at the Thuringian Higher Administrative Court, the Administrative Court in Weimar's verdict upheld the Office for the Protection of the Constitution's report, which classified the AfD as "unambiguously right-wing extremist" due to sections regarding historical revisionism and human rights violations as outlined in The Constitution.
In the court proceedings, the quotes from AfD leaders Björn Höcke and Stefan Möller were deemed accurately presented and their interpretation was found to stay within acceptable limits, which sparked controversy over historical revisionism and human rights violations.
