A woman is repeatedly insulted with anti-Semitic slurs on the U2. An unknown man insults a 23-year-old at the Südkreuz S-Bahn station because of a tattoo, beats him and robs him. Seven men attack a 37-year-old after he greets them in Hebrew. Current cases in which the police are investigating – and of which no reports have been received since the Terrorist attack by the Islamist Hamas on Israel on October 7, 2023 are increasingly being registered in the capital.
The Berlin public prosecutor’s office had 370 cases in the first six months of the current year, as the anti-Semitism commissioner of the public prosecutor’s office, Florian Hengst, told the German Press Agency. In addition, there were 1,570 cases in the period from January to the end of June, which were Context with the Middle East conflict and where there is often at least a suspicion of an anti-Semitic background.
Significantly more property damage and graffiti
With the terrorist attack, the Anti-Semitism in Berlin has taken on a completely new dimension, said Hengst. Until now, the focus of such acts has been mainly on hate and incitement on the streets or online. “That is still the case. But other acts have increased significantly,” the lawyer explains.
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This included property damage caused by anti-Semitic graffiti, including the Star of David on entrance doors. Slogans have become more violent. “And Jews are increasingly being insulted, threatened or even attacked on public streets or on the Internet,” complained Hengst. “Since October 7th – many people say, unfortunately and rightly – nothing is as it was.”
Many crimes during demonstrations
So not a week goes by in the capital without Demonstrations about the Gaza warThe pro-Palestinian community is particularly active. Recently, the Berlin police reported an increase in violent clashes during such protest marches.
The public prosecutor’s office has introduced two categories in its statistics: purely anti-Semitic incidents and proceedings in the context of the Middle East conflict. “These often have an anti-Israeli or anti-Semitic background. But this also includes acts of resistance against police officers – especially at demonstrations,” explained Hengst.
The public prosecutor’s office registered 304 cases of purely anti-Semitic crimes in the first half of 2023. In 2022, there were 328 such cases in the first six months, compared to 319 in 2021.
Criminality of pro-Palestinian slogans still controversial
There is likely to be some movement in the proceedings relating to the Middle East conflict, as there is still no legal certainty regarding the criminal liability of slogans, for example. The exclamation “From the river to the sea, Palestine will be free” is assessed differently by lawyers. The exclamation refers to the territory of Israel and is understood as a denial of Israel’s right to exist.
In light of the ban on the Palestinian network Samidoun and the ban on the activities of the terrorist militia Hamas, the Berlin public prosecutor’s office considers the slogan to be the use of symbols of unconstitutional and terrorist organizations. The Tiergarten district court wanted to decide on a corresponding charge in August. However, the trial against the 28-year-old, who is said to have shouted the controversial slogan at a demonstration, was postponed until November.
Different assessments of exclamation by courts
If the slogan – for example through corresponding images – establishes a direct connection to the terrorist attack by Hamas, this could also be viewed by the public prosecutor as approval of criminal offenses. This was also the view of the Tiergarten District Court in Berlin and sentenced a 22-year-old to a fineThe judgment is not final and will be dealt with by the next instance.
In Bremen, however, an administrative court recently allowed the slogan, citing freedom of expression. The Mannheim Regional Court recently ruled that the slogan remains unpunished. “However, a ruling by the highest court on this is still pending,” said Hengst with regret. (dpa)
