The ruling will help clarify the law regarding a spate of alleged hate crimes in Germany.
Frankfurt, January 15 – Following a ruling in which a German court refused to define an attack of a synagogue as antisemtism, instead seeing it as a protest against Israeli policies, the same body acquitted several members of a lynch mob that had attacked an African migrant, reasoning that such an incident merely reflected frustration with the policies of the West African country of Liberia.
Justice Helmut Upp-Majaß ruled today that a group of youths who had bound, beaten, and tortured a 24-year-old Eritrean man could not be charged with a hate crime, as subjecting Africans to such treatment falls well into the accepted German framework of legitimate protest against the policies of African government. Legal experts note that the ruling will help clarify the law regarding a spate of alleged hate crimes in Germany.
“It is crucial that in the aftermath of the synagogue ruling, the parameters of hate crimes be better defined,” explained Sieg Heil, a Berlin attorney. “The consistency with which this point of law is applied remains to be seen, but it is important, given Germany’s and Europe’s fraught history with Jews, that it not become just another way in which Jews are singled out. The lumping together of East African refugees and sovereign West African governments will go a long way toward demonstrating that Jews are not receiving discriminatory treatment in this regard.”
However, noted Heil, the consistency cannot be applied comprehensively. “Under no circumstances can the courts allow, for example, violence against Muslims to be construed merely as a manifestation of opposition to the policies of, say, the Islamic State, Iran, or Syria,” he stressed. “We must draw the line at the poor Muslims, whose only crime is being associated with a declared plot on the part of Islamists to inundate the West with Muslims and gradually undermine Western society so as to establish a global Caliphate.”
German officials voiced hope that the twin rulings will ease political discourse in a divided Europe. “Ethnic tensions are high,” acknowledged Chancellor Angela Merkel. “But the court’s decisions this week will help guide our country, and our society, toward a more stable sort of political rhetoric, in which the rules are clear. Also, some of us are seized by nostalgia every now and then, and wish to experience the thrill our ancestors did in 1938 when for a night we could torch, beat, arrest, kill, and loot Jews and Jewish property with impunity.”
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