(June 6, 2025)

It is my understanding that since February 2025, the Berlin authorities have imposed restrictions on the use of the Arabic language and cultural symbols in the context of the protests. In some cases, such as an assembly in Berlin on 15 May 2025, marches have been restricted to stationary gatherings. Furthermore, protestors were allegedly subject to intrusive surveillance, online or in person, and arbitrary police checks. I am also concerned by reports of excessive use of force by police against protesters, including minors, sometimes leading to injuries.

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I understand that restrictions have been justified on the basis that events, symbols, or other forms of expression “disrupt public order” or “disturb public peace”. The case-law of the European Court of Human Rights’ (the Court) establishes that freedom of expression “applies not only to ‘information’ and ‘ideas’ that are favourably received, regarded as inoffensive, or which leave one indifferent […] – it implies pluralism, tolerance and openness, without which there is no ‘democratic society’”. In assessing the necessity of the interference, member states have little scope to impose restrictions on political speech or on debate on matters of public interest, unless the views expressed comprise incitements to violence, and must always carry out such an assessment case by case.

I observe that other justifications invoked for the restrictions on rights include the prevention of antisemitism. I note with concern reports indicating that the working definition of antisemitism of the International Holocaust Remembrance Alliance (IHRA) has been interpreted by some German authorities in ways which lead to the blanket classification of criticism of Israel as antisemitic. In that regard, I urge you to be vigilant that the IHRA working definition is not distorted, instrumentalised or misapplied to stifle freedom of expression and legitimate criticism, including of the state of Israel

(June 19, 2025)

In a letter addressed to the Federal Minister of the Interior of Germany published today, Commissioner O’Flaherty raises concerns about restrictions to freedom of expression and freedom of peaceful assembly of persons protesting in the context of the conflict in Gaza, as well as about reports of excessive use of force by police against protesters, including children.

Commissioner O’Flaherty also observes restrictions on events, symbols, or other forms of expression in this context. He recalls that member states have little scope to impose restrictions on political speech or on debate on matters of public interest, in line with the case-law of the European Court of Human Rights and the Council of Europe standards on freedom of expression, hate speech and hate crime. He urges the German authorities to be vigilant that the working definition of antisemitism of the International Holocaust Remembrance Alliance is not distorted, instrumentalised or misapplied to stifle freedom of expression and legitimate criticism, including of the state of Israel.

Recalling that member states have legal obligations to refrain from undue interference with human rights and to ensure the effective enjoyment of the rights to freedom of expression and peaceful assembly for all, the Commissioner asks the German authorities to avoid taking measures that discriminate against persons based on their political or other opinions, religion or belief, ethnic origin, nationality or migration status.