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CRIME

Amnesty says Germany not probing police abuse

Human rights watchdog Amnesty International accused Germany Thursday of failing to probe claims of police abuse and excessive force sufficiently.

Amnesty says Germany not probing police abuse
Police attacking protesters at the G8 summit in 2007. Photo: DPA

An Amnesty report cited three documented deaths and 12 cases of serious injury in recent years which it attributed to police action but said the actual figure was likely to be much higher.

“Law enforcement officials are not above the law — they are subject to it. This means that the police must be accountable to the law, to the state and to the public,” Europe and Central Asia Deputy Programme Director David Diaz-Jogeix said in a statement.

“Failure to live up to international standards … is leading to a climate of impunity and a lack of accountability.”

The report, “Unknown Assailant”, recounts the use of what Amnesty calls excessive force during arrests, against protesters at demonstrations and during deportations.

It said a lack of information about how to lodge a criminal complaint over police abuse, difficulty in identifying officers involved and inadequate follow-up by the authorities were recurrent problems.

The report cited the infamous case of Oury Jalloh, an asylum-seeker from Sierra Leone who burned to death in 2005 after having been tied to a bed in a cell in the eastern city of Dessau.

“The accused police officers on duty when he burned to death remain in office but they are no longer working at the same police station,” it said.

Amnesty called on German authorities to tackle the problem head-on with independent police complaint bodies, clear identification of police officers when they are on duty and regular training for police on the use of force.

“Officers responsible for criminal conduct must be brought to justice in full and fair proceedings,” Diaz-Jogeix said.

The head of the German Police Union (GdP), Konrad Freiberg, rejected the group’s call for special commissions to address brutality at the hands of the authorities, saying victims already had means of redress at their disposal.

He also welcomed AI’s assurance that mistreatment of suspects was by far the exception in Germany, not the rule.

“Beginning with the selection of officers, to training and later the practice in the field, the police reflect the democratic understanding of the law set down in our constitution,” he said.

But he dismissed the call to require all police officers to wear name tags, saying it would expose them to potential threats and harassment.

A separate police union, the DPolG, said that stress, exhaustion and fear on the job could push some officers over the edge. It said that the political class and justice authorities should do more to protect officers on the beat as a means of preventing brutality.

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PROTESTS

FACT CHECK: Are foreign language protests really forbidden in Germany?

After a group of Irish protestors were told by Berlin police to stop singing songs in Gaelic while they held a pro-Palestine event, The Local looks at whether foreign language protests are really outlawed in Germany's capital.

FACT CHECK: Are foreign language protests really forbidden in Germany?

Around 40 Irish activists and Berlin residents were attending a ‘conversation circle’ in solidarity with Palestine on Friday last week – in which songs and conversations were had in Irish (Gaelic) language – when police arrived and told them to stop and disperse, according to the Irish Independent.

Police on the scene explained that only German, English and sometimes Arabic language could be used in protest. They cited concerns that banned speech, such as speeches or chants glorifying violence, could be used in foreign languages and noted that they didn’t have an Irish translator.

An Instagram post by a group called Irish Bloc Berlin, which describes itself as a “Berlin-based platform for solidarity with Palestine”, called the move unjust and unconstitutional.

On the platform they also posted select speeches made at the demonstration with English subtitles: “Myself and my friends from Ireland are here today to show our solidarity with Palestine and stand against genocide…” began a comment by a protestor identified as Aodhán. He added: “We also stand against the brutal and shameful repression of the Palestine Solidarity movement by the police.”

Ireland is known to be home to a relatively high number of people who express sympathy for Palestine, partly because many Irish people see similarities between the British colonisation of Ireland and Israel’s ongoing occupation of Palestine.

The Irish protest came a week after German authorities shut down the co-called “Palestine Congress”, just an hour after it began. The event was planned to be a three day event in support of Palestine held in front of the Bundestag.

An Irish woman named Caoimhe McAllister, who attended the protest, told the Irish Independent the action was intended “to highlight what we see as a really worrying human rights concern”. 

McAllister added that she had witnessed police cracking down on Arabic speakers during protests, including at least one arrest. Her group wanted to show how unfair it is to outlaw a particular language for use of protest: “We just had to highlight this by speaking in Irish”.

Are language bans legal in Germany?

Asked for clarification on whether foreign language protests were allowed in Germany, a Berlin police spokesperson told The Local that they “decide on restrictions for assemblies on a case-by-case basis”.

The Irish protest took place within a protest camp which has been stationed in the sculpture park west of Heinrich-von-Gagern-Straße since April 8th. This particular camp is subject to the restriction that speeches can only be given in German and English and, at certain times, in Arabic, according to the Berlin Police.

The police spokesperson added: “In addition to this restriction, the assembly leader was informed on the occasion of the rally on April 19th that no exclamations or chants in Hebrew or Gaelic may take place. This decision is based on the Berlin Freedom of Assembly Act.”

In this case, the Berlin Police say that their own risk forecast suggested that “the assembly could lead to speeches or chants glorifying violence with potentially criminal content”, and therefore police officers on the scene needed the ability to hear what was being said so that they could enforce restrictions imposed on banned speech, like speech that incites violence, for example.

“For some languages, this is only possible with an interpreter. As there was no interpreter available for Hebrew and Gaelic in this case, it was only possible to act in advance with appropriate restrictions,” the police said.

Police powers are devolved in Germany, meaning that law enforcement is constitutionally vested solely with the states, so the way foreign language protests are treated may be different in other parts of the country.

Following the reconstruction, after WWII, Germany has gained a largely positive reputation for its commitment to protect freedom of speech and the right to protest. 

A key exception to this is banned speech, which in Germany includes: speech that incites hatred against people based on their racial, national, religious or ethnic background and insults that assault people based on those same factors.

But following Hamas’s attack on Israel on October 7th, 2023, and the steady rise of pro-Palestine activism in response to Israel’s war of retaliation that has killed more than 30,000 civilians, activists and civil rights organisations alike are beginning to question if Germany’s speech restrictions are being applied fairly.

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Civil rights in decline in Germany?

In a recent report by global civil society alliance CIVICUS, the state of civic space in Germany was downgraded. 

CIVICUS Monitor researchers documented German authorities breaking up pro-Palestinian protests in late 2023 with excessive force — deploying pepper spray and water cannons and arresting hundreds.

The CIVICUS notes that German authorities have also used disproportionate measures against the Last Generation climate movement, including raids on homes, seizing bank accounts and blocking websites in response to non-violent civil disobedience.

“Germany used to be one of the most free countries in Europe…” said Tara Petrović, CIVICUS Monitor’s Europe and Central Asia researcher.

“Germany’s downgrade should be a wake-up call for the country and continent to change course.”

The CIVICUS report notes Berlin and Frankfurt specifically, as places where authorities banned pro-Palestinian protests.

“The German authorities’ actions against activists exercising legitimate rights to association and peaceful assembly are not conducive to a democratic state,” said Petrović. 

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