EU Commissioner for Human Rights criticises Germany over maltreatment of pro Palestinian protesters

The EU Commissioner for Human Rights, Michael O’Flaherty, has written a strong letter of protest to the German Federal Minister of the Interior, Alexander Dobrindt, urging the German government to ensure the rights to freedom of expression and peaceful assembly for all and to refrain from measures that discriminate against persons based on their political or other opinion, religion or belief, ethnic origin, nationality or migration status. This comes after a number of reports since the outbreak of the Israel-Gaza war that German police had violated protester’s rights and reports of excessive use of force by police against protesters, including minors, sometimes leading to injuries. The EU Commissioner was also concerned to learn that Berlin authorities imposed restrictions on the use of the Arabic language and cultural symbols in the context of the protests. In some cases, marches had been restricted to stationary gatherings. Furthermore, protesters were allegedly subject to intrusive surveillance, online or in person, and arbitrary police checks.

The EU Commissioner for Human Rights complained about restrictions on freedom of expression in such contexts as universities, arts and culture institutions, and schools, and that on Nakba commemoration day, particularly in Berlin 2024, peaceful protesters were arrested, and criminal law provisions were applied to expressions of support for Palestine.

O’Flaherty reminded the German government that according to the Guidelines on Peaceful Assembly prepared by the European Commission for Democracy through Law and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) content-based restrictions on assembly must be subject to the most serious scrutiny. Any measures interfering with freedom of peaceful assembly and expression other than in cases of incitement to violence or rejection of democratic principles would do a disservice to democracy and might even endanger it. He asked the German government to ensure the rights to freedom of expression and peaceful assembly for all and to refrain from measures that discriminate against persons based on their political or other opinion, religion or belief, ethnic origin, nationality or migration status.

Putin did the Hitler. And all he needed was a timid, naive political elite in the West

In the early hours of today Russia invaded Ukraine. Anyone who saw where Putin had placed his troops in Russia and Belarus around Ukraine in the last weeks and had any knowledge of warfare could tell that this would happen. Ukraine had been surrounded by more than 150,000 Russian soldiers, and if it had been only Putin’s wish to invade and conquer the separatist regions Donetsk and Luhansk in the east, his troops would not have been stationed too on the other far side, west of the Ukraine.

Now after it happened – what the US-President, Joe Biden, had announced already last week he was expecting – some observers are stunned, surprised and say this was »unexpected«.

Really?

Where were they all these years since the illegal annexation of the Ukrainian Crimea by Russia in 2014 and the awful atrocities of bombing to death civilians – thousands of innocent children included – in Syria in the past six years?

Well, they should say (would they be honest): »We looked away. Russia was too powerful to be challenged. And if Russia took Crimea, bad, very bad – but naturally we hoped it would stop there. If we let Russia have Crimea, surely Russia would be satisfied?«

Here is where history lessons obviously failed miserably. Because Adolf Hitler played it all before.

The invasion of Poland 1939

After having incorporated Austria into the German Reich and after months of crisis and the threat of war provoked by Hitler, on 30 September 1938 Britain, France, Italy and the German Reich signed the Munich Agreement, which stipulated that Czechoslovakia would cede the Sudeten region to Germany. Hitler succeeded to get the region mainly thanks to his constant declarations that this was his last territorial demand. And the western leaders fell for it. Great Britain in particular believed that the agreement had secured peace in Europe. While Hitler continued his war preparations undeterred.

One year later, on 1st September 1939, Hitler invaded Poland. At 4:45 a.m. the German warship Schleswig-Holstein, that had been on a visit to Danzig, bombarded Polish military positions on the peninsula Westerplatte next to Danzig. Then the Nazi-troops moved into the town.

Already earlier, at 4:37 a.m., the city of Wieluń in the south-west of Poland had been attacked by German fighter planes under the command of Wolfram von Richthofen. The hospital of the town was totally destroyed in the attack, the shocked civilian population was shot at from the air by the planes onboard guns. (At the end of the day around 1,200 civilians would be killed).

Despite this clear attack by Nazi-Germany on an unsuspecting civilian Polish population, Hitler claimed that Poland had attacked Germany, which therefore had to ’defend’ itself. And he announced over radio at 10:10 a.m.:

»Poland has now fired for the first time tonight on our own territory, even with regular soldiers now. Since 5.45 a.m. we are firing back! And from now on, bomb will be answered with bomb!«

All he needed was a pretext to invade Poland. And all he needed to do is create such a pretext with a blunt lie.

History repeats itself

In the early hours of today the Ukraine was attacked by Russia with planes, ships and tanks. Putin declared, this was a »defensive act against the aggression by the Ukraine« – when in fact it was an attack, an aggression by Russia not the Ukraine.

Just as in 1939, when in truth it had been an attack by Nazi-Germany, not Poland.

And while Putin played the Western politicians into believing that annexing Crimea was his ’last territorial demand’, the aggressor in the Kreml prepared for the invasion of all of Ukraine, because the appetite for ultimate power would never be satisfied with only taking a small bite. Hitler proved this already 83 years ago. Putin learned from him. The West did not.

But not only in how wars are started does history repeat itself but too, unfortunately, in how naively and blindly all signs for war are being ignored. It could be seen by the stubbornness with which no one in the West was willing to learn the lesson from the past that if an autocrat wages war (Crimea, Syria) with no respect for the rule of law, the international order or respect for human life, he would turn to wage other wars (Ukraine) – again with no respect for the rule of law, the international order or respect for human life.

Putin did the Hitler. And all he needed was a timid, naive political elite in the West that simply was not willing to believe what they could easily see. Because it was too evil to take. And because evilness just was not part of the ’values’ the West had allegedly decided for itself.

That is why Ukraine in all probability will now fall. It does not have the military strength to withhold Russia’s attacks for very long and the West is not willing to go in to defend the democratic values they so uphold in all their speeches.

That Ukraine is not part of the NATO is the biggest failure of the past as it prohibits the West from bringing in troops to defend the territory against the Russian aggression. In 2008 Ukraine was promised that theoretically it could become a NATO-member but in reality the possibility to membership was blocked, so as not to anger Russia. The mistake made in 2008 paved the way for the attack on Ukraine by Russia today. Thousands of innocent civilians will perish in this war, but the West has nothing in its hand to stop Putin’s aggression because it does not want to resort to the same means as the aggressor. And because it has no legal means now to justify deploying troops into the non-NATO country Ukraine.

What about sanctions?

Sanctions that have been and now again are mentioned endlessly by Western politicians as the »strong response to Russia destroying the European peace order« will not deter Putin, in this political observers agree, and will not be able to save Ukraine from falling into the hands of the Russian autocrat. True, the gas pipeline Nord Stream 2 is dead. Now suddenly all the politicians that would not hear of the criticism the pipeline would lead Europe into dependancy of Russia fear exactly that and triumphantly agree that it is the right decision to kill the prestige project of Putin. Why could they not see this earlier when the writing was clearly on the wall? Why did the German chancellor Angela Merkel, who knew Putin allegedly better than anyone, insist for years on pushing this project worth billions of Euros forward despite all warnings? And why has no journalist in Germany so far insisted on getting Merkel to say what she now thinks about allowing Putin to get the upper hand?

Merkel has stayed remarkably silent in the last weeks on the Ukraine crisis and declared today through a spokesperson that she would »not comment on the invasion by Russia«. And no journalist in Germany seems to find any fault with this. It is as if Germany is collectively falling into a guilt complex over the unwillingness to listen in the last years regarding Nord Stream 2.

So what about the effect of economic sanctions? Will this stop Russia in its tracks?

Well, political observers agree here too, saying that Putin has calculated all this in advance to the invasion and will not be deterred by sanctions. As one observer put it: »Only holding a club in one’s hand will stop him from invading.« – But there was no club held in any hand to be seen. And sanctions, many already unsuccessfully imposed since the illegal annexation of Crimea, do clearly not impress the aggressor.

What about SWIFT?

Public discussions are now held to cut Russia off the international banking system SWIFT. With that move no transactions to and from Russia would work anymore, Russia would be literally cut off from the world of finances. Cutting off SWIFT, as one political observer called it, would to Russia come close to »an economic atom bomb«.

How powerful this move would be could be learned in 2014 when cutting off SWIFT was already publicly discussed after the violation against the Crimea. The then Russian Prime Minster, Dmitri Medwedew, a puppet of President Vladimir Putin, reacted enraged to these discussions and said, should the West cut Russia off the SWIFT banking system, Russia would regard this as »a declaration of war«!

Needless to say the idea was put to rest immediately. If the one waging war accuses you of declaring war because you oppose his aggression – then duck, fall silent, tip-toe away. Because who in the civilised West would want to be called a warmonger?! There is a limit surely! – Sadly not to failure.

Therefore the discussion around SWIFT will take a similar development as seven years before. Not least too due to the fact that with cutting off Russia from the SWIFT banking system millions of Euros owed by Russian companies to companies in the West will not be payable anymore. As one observer commented: »Cutting Russia off SWIFT would basically equal a cancelation of Russian debts.« The economical backlash for especially European companies exporting to Russia would be immense, so big in fact, that European politicians fear they would not be able to compensate for it. The result of stopping the invasion and annexation of the Ukraine could thus result in enormous turmoil and unrest in Western countries and no Western government is willing to take this risk. Especially not after the refugee ’crisis’ and the hard hitting two years of the Covid-19 pandemic that have exhausted everyone.

In the end, Russia will get what it wants unless a miracle of courageous fighting back on the part of the West happens. But with all the ducking away, the looking away, the feeble reactions to thousands of civilians slaughtered in (far away) Syria and the stubbornness to continue to do big business with the Russian aggressor – despite him having invaded and illegally annexed Crimea – there is little hope of a miracle happening.

The lessons not learned

What history has taught too: Only if Putin would substantially threaten the Western countries themselves will they take a club in their hand and stop him in his track. Until then, however, the loss once more of European territory to Russia will be grimly accepted, as apparently it cannot be helped. The aggressor is just too evil, and a West that only lives on the idea of economic growth is not adequately equipped to fight back where real weapons are employed.

In his play »Wilhelm Tell«, about the liberation from a ruthless tyrant, the German writer Friedrich Schiller (1759–1805) wrote the now famous phrase:

»The most pious cannot live in peace if the evil neighbour does not like it.«

218 years after the opening night of »Wilhelm Tell« and 77 years after the end of World War II, today sadly no words ring truer than these in Europe. In not little part thanks to a political elite that is just not willing to learn the lessons from the past.

German Government: Human Rights in Egypt deteriorating

Today the Federal Government of Germany published its annual report on its human rights policy. It is the 14th time Germany has presented its views and its knowledge about the status of human rights in the world. The Federal Government Commissioner for Human Rights Policy and Humanitarian Assistance, Bärbel Kofler, presented the 303 pages thick report at a federal press conference in Berlin.

In the last 50 pages of the report, the German Foreign Office presents its assessment of the human rights situation in 28 countries around the world, from Egypt to the Central African Republic.

Regarding Egypt, Germany’s Foreign Office finds little to nothing to applaud. The human rights situation has deteriorated even more since the last report, there are arbitrary arrests, detention without charge, trials that do not meet the rule of law criteria and death sentences, cases of torture, enforced disappearances and ill-treatment in police custody. In addition, overcrowded prisons pose an acute threat to detainees due to the COVID 19 pandemic.

The report points out that Egypt has ratified eight of the nine key UN human rights conventions and that the Egyptian Constitution and Egypt’s international commitments provide for extensive protection of fundamental and human rights. Germany’s government however comes to a bitter conclusion: “In practice this is of little importance.”

Read here the complete report on human rights in Egypt by the German Foreign Office:

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14th Report of the Federal Government of Germany on its human rights policy

Egypt

Development of the human rights situation during the reporting period

The human rights situation in Egypt has continued to deteriorate. The balance of power continues to shift in favour of the President. The imposition of a state of emergency in 2017 was followed by a constitutional amendment in 2019, which grants the executive branch extensive rights of control over the judiciary. The new Emergency Law provides the President with further extensive powers. Freedom of expression, press, assembly and association are not guaranteed. There are arbitrary arrests, detention without charge, trials that do not meet the rule of law criteria and sometimes death sentences. There are also cases of torture, enforced disappearances and ill-treatment in police custody. Following protests in September 2019, mass arrests of at least 4000 people were made. According to human rights organisations, thousands of people are being held in Egyptian prisons under unacceptable conditions for political reasons. In addition, overcrowded prisons pose an acute threat to detainees due to the COVID 19 pandemic.

Existing laws to protect minorities are often not enforced. Women and children become victims of human trafficking for the purpose of forced marriage and forced labour despite legal prohibition. A draft law against domestic violence has failed. The prohibited genital mutilation continues to be widespread. There are indications of organised illegal organ trafficking, which particularly affects refugees.

Basic services for the population (access to water, food, health) are guaranteed, but at a low level despite state subsidies. The World Bank assumes that 60 percent of the population is poor or at risk of poverty. Cultural rights are restricted in practice.

Implementation of human rights obligations / human rights policy

Egypt has ratified eight of the nine key UN human rights conventions. The Egyptian Constitution and Egypt’s international commitments provide for extensive protection of fundamental and human rights, but in practice this is of little importance. The government and the state media often portray human rights and due process as obstacles to stability and the fight against terrorism.

Examples of German and European project work

Through its project work, Germany is particularly active in the area of support for human rights defenders and participates in process monitoring. Within the framework of development cooperation, we support the National Human Rights Council in Egypt. In 2019, the Franco-German Human Rights Prize was awarded for the third time in a row to Egyptian prizewinners (El-Nadeem Centre for the Rehabilitation of Victims of Violence and Torture).

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Source: 14th Report of the Federal Government of Germany on its human rights policy – reporting period 1 October 2018 to 30 September 2020
Original document (German) – Report on Egypt on page 256/257:
https://www.auswaertiges-amt.de/blob/2422192/f01891c5efa5d6d89df7a5693eab5c9a/201202-mrb-14-download-data.pdf

How Germany collaborated with Egypt in arresting Ahmed Mansour

DNE Mansour titleThe arrest in Berlin last weekend of Ahmed Mansour, famous journalist of the Qatar based Al Jazeera network, made headlines all over the world. The fact that Germany with its high reputation as a politically stable democracy acted on behalf of Egypt, a regime that is nationally and internationally accused of ignoring the rule of law, send shockwaves not only through the Arab but also the Western world. Barely three weeks after the disputed visit of President Abdel Fattah Al-Sisi to German Chancellor Angela Merkel, Germany in the eyes of the world seemed to have changed course to play the wilful executioner to Al-Sisi‘s attacks against a free press.

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NGO trial: How Egypt‘s President tricked Germany‘s Chancellor Merkel – again

DNE NGO articleWhen Egyptian President Abdel Fattah Al-Sisi and German Chancellor Angela Merkel arrived for the press conference in the Berlin chancellery last week, they were late. “We had a little delay,” apologised the Chancellor, “we had a problem with the elevator. We went up and down several times but finally, with the help of the second elevator, in the end managed to be here.” President Al-Sisi wore a broad grin on his face.

The symbolism of this was not lost on the political observer. For decades, from President Nasser to Sadat and Mubarak, the interim government under SCAF, President Morsi and now Al-Sisi, the relationship between Egypt and Germany has been constantly going up and down, and a chance to find the second elevator to finally reach a mutual position has so far not emerged.

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Germany’s arms exports to Egypt, Saudi Arabia and UAE raise harrowing questions

Germany's arms exports picIn a surprise move of transparency the German government has disclosed a list of all the arms exports from Germany since 2002. The socialist left party Die Linke had demanded to know what arm sales had received clearance by the governments of both the social democrat Gerhard Schröder and his successor Angela Merkel from the Christian Union (CDU). The question of arms sales has become a highly disputed topic in Germany’s political debate as the opposition is criticising that Germany is the third biggest arms exporter of the world and the fifth biggest supplier of arms to the Middle East.

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