Before the Landgericht Hamburg of Turkish President Recep Tayyip Erdogan had sought an injunction, which the satirist and ZDF Moderator Jan Böhmermann his poem “defamatory” from the “Neo Magazine Royale” must not happen again. The gave the court after partially. Now, a month after the decision, the written justification exists for it.
Thus, there is a distinction between the passages of the Bohemian’s lecture in which “expressed harsh criticism of the policy of the applicant in a permissible form of” will and such statements that were “undoubtedly abusive and defamatory”.
As examples of lines that exceeded the intolerable Erdogan measure, the court “called those who” just opposite Turks often prejudices “took up that are usually considered as racist “.
is explicitly mentioned in the grounds of the Regional Court of “Schweinefurz” because the pig in Islam is considered an unclean animal. The lines with sexual relation may not be repeated. Here, it emphasizes the court, turn it “not an insignificant for the legal assessment of taste”.
The application to prohibit the repetition of libelous poem as a whole, the court did not follow, however. The poem was “not to be regarded as indissoluble unity”. As head of state, Erdogan critique of power must be like, even in over exaggerated form.
“meaningfulness” and “garment”
As a critique of power the Hamburger lawyers evaluated as the line “He is the man who Girl beats / while rubber masks bears “, the supporting police of a reference to the beating of demonstrators women on International Women by helmet and protective clothing. The allusions to the policy towards minorities such as Kurds were covered by the arts and freedom of expression.
explicitly do not want the court isolated the poem considered, but “the concrete presentation” have considered. Basically, it differentiates between the semantic content and the “by the author chosen satirical garb”, the garment.
On the statement level of contribution is not so hurtful that injunctive relief is well founded, to the district court. In satirical itself Böhmermann make fun of dealing with freedom of expression in Turkey. However, in the shape of the garment go the satirist too far, judging the three Hamburg judges.
Böhmer’s lawyer Christian Schertz had “blatantly false” called the injunction. Böhmermann may no longer reflect the “insulting and defamatory passages” of his poem about the Turkish president after the decision of the District Court. In the case of an infringement threatens, according to the Court of an administrative fine of up to 250,000 euros or administrative detention of up to six months.
In addition to the press method in Hamburg in Mainz still a criminal case against Böhmermann on suspicion of insulting a foreign head of state pending. This became possible after the federal government had issued a warrant surrounding the request for prosecution by the Turkish government
Video Chronicle:. Böhmermann against Erdogan
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