In Germany an activist convicted for singing "From the river to the sea"

For the judge the sentence "denies Israel's right to exist", but according to the activist's lawyers it is a defeat for freedom of speech.

A German court has a young activist sentenced pro-Palestinian for condoning a crime for having chanted the slogan "From the river to the sea, Palestine will be free” (from the river to the sea, Palestine will be free) during a demonstration in Berlin on October 11th.For the girl's defense, this action is one dangerous limitation of freedom of expression of their client.

Although German courts are not consistent with each other, This it's not the first case of repression of freedom of expression in Germany, where the authorities' response to the movement in favor of the Palestinian people is among the harshest in Europe.From activists to famous people, like the footballer Anwar El Ghazi, fired by Mainz for his posts in support of Palestine – dismissal deemed unfair by a German court – the response of the institutions towards those who speak out for Palestine is increasingly intransigent.

The conviction of the activist Ava Moayeri

Ava Moayeri, a young 22-year-old German-Iranian activist, she was arrested a few days after the start of Israel's war against Gaza, the October 7, and accused of having "condoned Hamas' aggression" for chanting the slogan most repeated by pro-Palestinian activists around the world, during a protest last October 11th near Sonnenallee boulevard, in the Neukölln neighborhood, which the activist had co-organized.

Before the trial begins, Moayeri said she stood by her words, but considered them as one stance in favor of peace in the region rather than support for Hamas, in rejection of “any form of anti-Semitism”.

The judge president, Birgit Balzer, rejected Moayeri's defence, stating that the chant had "denied the right to exist of the State of Israel“.The judge added that this slogan is particularly controversial in Germany and that the nation has an obligation to fmaking Jews in the country feel “safe and comfortable” after his role in the Holocaust.

Court spokeswoman Lisa Jani he has declared which is probably the first time such a politically explicit phrase was used in a decision in a case of this kind. The sentence for Moayeri, who had no criminal record and described herself as an activist for feminist and refugee causes, it was less than the 900 euro fine sought by state prosecutors, who later said they would consider an appeal.

The German repression of the pro-Palestinian movement

Germany has a problem with pro-Palestinian demonstrations from before October 7th.In the May 2022 Berlin police have preventively banned five events recorded to commemorate the 74th anniversary of the Nakba.Over 120 people were arrested and the police admitted of having carried out racial profiling, arresting anyone who appeared to be Palestinian.In the July 2023 to a Palestinian activist with refugee status in Germany was notified revocation of protection due to his political activities. In April the discussion of prohibit the use of the red triangle as a reference to the Palestinian cause.

If we then go into the specifics of "From the river to the sea", the legal framework that evaluates the slogan is complex, with the increasingly intransigent institutions and the courts that oscillate between more or less severe interpretations.Last November, the Minister of the Interior, Nancy Faeser banned the slogan “from the river to the sea” claiming to be a Hamas slogan.In February, the Minister of Justice, Marco Buschmann, he has declared that the phrase could constitute "anti-Semitic incitement" and be understood as "condonation of the killings committed in Israel".

Instead in June a trThe Bavarian Court ruled that the sentence did not constitute a crime and it could not be banned absolutely, believing that the "benefit of the doubt" around the slogan should prevail.

“From the river to the sea” the most censored slogan

The use of the slogan “From the river to the sea” it is also a topic outside Germany.This is a noteworthy case Dutch, where is the proceedings against an activist who had chanted the slogan is before October 7th.An activist, following a speech given at a event in May 2021 in Amsterdam he was reported to the police by a supporter of Israel for having "incited hatred and violence against Jews" by shouting "from the river to the sea, Palestine will be free" and expressing support for the "Palestinian resistance".

The Dutch public prosecutor, However, refused to prosecute the activist, stating that the pro-Palestinian slogans he used “are subject to various interpretations” rather than calls for illegal behavior, adding that the expressions “refer to the State of Israel and possibly to persons with Israeli citizenship, but not to Jews due to their race or religion."However, it remains to be underlined that there is no common line regarding this slogan, not even in the Netherlands.