The case of Daria
On 22nd August 2024, activist Daria will face her first hearing at the Berlin court Amtsgericht Tiergarten. She is accused of ‘circulation of symbols of unconstitutional and terrorist organisations’ (§ 86 StGB) for chanting the slogan “Palestine will be free from the river to the sea” at a demonstration on the 9th of March 2024.
Her case does not stand in isolation. Rather, it is one of many that are challenging the attempted criminalisation of the slogan ‘’Palestine will be free, from the river to the sea’’ by German authorities. This attempt clearly constitutes a political move to control and repress the Palestine solidarity movement in Germany as a whole.
ELSC Lawyer Nadija Samour is representing Daria at the trial. Nadija Samour comments:
‘’This is an attack on the freedom of expression and freedom of assembly and stands on a shaky legal basis. However, this is a highly political case, the court might seek to forward the case to a higher court by imposing a financial penalty on Daria in this first instance. We will then definitely appeal and expect to win at a higher tribunal.”
A similar trial had recently raised international attention. Here, a Berlin court sentenced an activist to a fine for chanting ‘Palestine will be free from the river to the sea’ at a demonstration against racism in German schools. The court argued that because the demonstration happened on October 11th, using this slogan would constitute a criminal offence, referring to the ‘endorsement of criminal acts’.
‘’Palestine will be free, from the river to the sea’’ is a call for Palestinian liberation and an end to genocidal settler-colonialism, apartheid, land grabbing and other forms of systematic oppression of the Palestinian people since at least 1948. Israeli officials regularly reiterate the colonial logic to annihilate Palestinian existence on the land between the Jordan river and the Mediterranean Sea, the historic Palestine.
In the past, German authorities have protected far right Israeli activists using the slogan “From the river to the sea” as a call for Israeli supremacy and the annihilation of Palestine on multiple occasions.
At the same time, attempts to criminalise the slogan “Palestine will be free, from the river to the sea”, with several instances dating back to as early as 2022, are ever-growing. At the time, the conference of interior ministers had declared that it would test and use all legal measures that allow a criminalisation of the use of the slogan to express Palestine solidarity.
This led to shocking levels of authoritarian state repression, as Daria explains:
”The risk of a penalty fine is obviously not the most relevant consequence here. Police are using the quite severe offence charges to justify brutal violence against protestors. In the past few months, dozens of people have been beaten to a state of unconsciousness during police crackdowns and had to be hospitalized with severe injuries; some have had their homes raided just for saying “From the river to the sea”.
The criminalisation of the slogan is clearly an attempt to generate consent for the persecution of the Palestine solidarity movement and ultimately for the genocide in Palestine. More broadly, it is used to cement racist stereotypes and white supremacist mentality in the German societal consciousness. This is meant to pave the way for more fascistic politics, like the practical annulment of human rights for refugees, the police occupation of non-white neighbourhoods and the overall militarisation of police at the cost of defunding education and social services, just to name a few examples.
The persecution of the Palestine solidarity movement is not an isolated phenomenon but is part of a large-scale fascisation of this country and Europe as a whole, which will be affecting everybody soon enough. Very telling that the German public, of all countries, doesn’t care to recognise where this leads to.”
German authorities have only been expanding their alarmingly violent measures to suppress the Palestine solidarity movement. German Federal Minister of Interior Nancy Faeser, for instance, has declared the slogan illegal and punishable as a crime with a prison sentence of up to three years by decree in November 2023, but it is usually punished with a fine upon conviction.
In May 2024, the German Federal Ministry of Justice reiterated Nancy Faeser’s decree and declared the slogan to be a ‘’Hamas slogan’’ and therefore punishable. Merely days after this declaration, the German state of North Rhine-Westphalia banned the group Palestine Solidarity Duisburg over alleged support for Hamas for the group’s use of the slogan. This resulted in several raids of the homes of activists in May 2024.
The German ministry of Interior is further preparing a draconian migration law, which would effectively end free speech for nationals in Germany who do not carry the citizenship and pave the way for extensive online surveillance of migrants.
The German parliament seems unwilling to prevent these developments and is preparing a declaration which calls for extensive state repression of anyone vaguely expressing Palestine solidarity through criminalisation, but also through cutting cultural funding and interfering in academic research.
While much of the repression against the Palestine solidarity movement is issued on a German Federal level, the ruling Government of Germany’s capital Berlin has been particularly eager to press for even more authoritarian measures. The absurd and ineffectual ban of red triangles has raised eyebrows recently. Of outmost concern should be the push to remove students from universities in Berlin, effectively denying the right to education based on political grounds, specifically with relation to Palestine solidarity.
Nevertheless, attempts to criminalise the slogan have been pushed back against successfully at German courts before. In June 2024, a court in Munich granted a demonstration the right to express the slogan.
Activists will now accompany Daria’s trial with a rally in front of the courthouse on Thursday August 22 starting at 9:00 am. At her previous hearing on August 6, a huge group had gathered in support When the defendant left the court, dozens shouted in solidarity: From the river to the sea, Palestine will be free.
