Es is 9.41 p.m. in room 336 of the Hamburg criminal justice building, as a judge Simone Käfer expressions in the mouth that will not repeat in your career for sure. Of child pornography, the speech, schrumpel balls and goats Fuckers.
Without any visible emotion, the judge read out the now forbidden passages of the abusive poem, with Moderator Jan böhmermann, the Turkish President Recep Tayyip Erdogan had insulted. While you recite the disputed lines as sober as you are reading from a phone book, sit by the other two judges next to her and stare unconcernedly straight ahead.
böhm, man has lost the controversial passages of his poem, and are forbidden to remain the most–. Judge beetle has not revised its emergency session, even after the hearing last November. But plaintiff Erdogan has won, not quite: He demanded that the entire poem is prohibited. For this, the Hamburg district court saw no room for manoeuvre; the highest court is only allowed to ban in fact that is defamatory or offensive statements, so the judge.
judge doesn’t see verbal abuse as “acceptable Satire”
The chamber had to decide the question as to which right weighs heavier: that of freedom of expression and the freedom of art, the Bohemian man calls with his lawyer Christian Schertz, or the personal rights of the Turkish President, who felt denigrated. In his show “Neo magazine Royale” announced the Moderator of the poem with the words, something in Germany is punishable by law. Then he plated Erdogan’s invective, which imply primarily a sexually to a Bizarre, rambling behavior of Erdogan, to avoid the word “goat fucker” once.
Erdogan looks in his General personality right is being violated. The poem is simply racist. Judge beetle shares this vision. “By the Declaration of the defendant in the show – that can be punished’ – said to be the worst kind of abuse is not a permissible Satire”, the Chairman. The breach of the law to the Illustration was a breach of the law.
böhm’s lawyer Schertz, in turn, emphasized the context in which his client had recited the poem. Furthermore, Erdogan himself was no friend of freedom of expression, and have brought the repression of critical voices in Turkey on the top.
beetle was followed by the lawyer. Taking into account the Federal constitutional court established a scale according to the plaintiffs no longer had to accept the said passages. The plaintiff will not be displayed to you only as a sex-obsessed Person, but it would also have unacceptable current sexual behavior referred to him as “child porn”.
Erdogan will be described “below of a pig or Schweinefurzes standing”, noted the beetle. It is generally known that for a Muslim, the connection to a pig is particularly offensive.
Bohemian man wants considered in the appeal
Criminal law go to the thing for the Bohemian man was already in the past year, lightly. Since the office of the Prosecutor General of Mainz, noted that the “subjective intent” wasn’t to insult the Turkish President. The prosecutors took so in favour of böhm’s, he had written a satirical poem to criticize Erdogan’s policy to not insult him. The Hamburg court feels it is not bound. The question of intent was for the injunctive relief, however, without importance.
TV satirist leads on Facebook alleged Pöbler before
This Time, Jan böhmermann, post on Facebook, a Chat with a supposed Hater, to have insulted him. For this, he gets a lot of recognition. But the Whole thing is really real?
source: The world
not under said passages, the necessary Heavy not reach the court’s opinion, to say to you. The part of the judge, beetle, also followed the reasoning böhm’s: at the Expense of the plaintiff from acting in particular its policy in respect of critics and his position as a politician.
The judgment is not yet final. Both parties announced before the trial, to appeal, if you would be subject to. “If you know the chamber does not expect the decision to be different”, said Schertz, who also took Erdogan’s lawyer to the negotiating part. Schertz criticized that the court was apparently of its stipulations in the procedures for the preliminary injunction is “caught”. Thus, the Hamburg regional court is against the unanimous opinion of the law to this case, but also the clear decision of the Prosecutor and even against the latest requirements of the Federal constitutional court on the abusive criticism.
“I am certain that the decision will be collected – if not in the next, then in the next instance,” says Schertz. Next, the Hanseatic higher regional court had to decide. And finally, the Federal constitutional court could be called upon to decide finally on the question of whether it is balls to the Turkish President Schrumpel and a disturbing love for Animals to attach.
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