"Gypsy Jews" judgment

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A decision by the Kempten Regional Court has become known under the name of the "Gypsy Jews" judgment , on August 27, 2001, in the second instance of the allegation of insult to Hermann Joseph Reichertz, the former district chairman of the party The Republicans (REP) in the Oberallgäu district had acquitted .

facts

Reichertz had described Michel Friedman , the then Vice President of the Central Council of Jews in Germany , in a press release as "Gypsy Jews ". The district court evaluated the statement of the accused as an admittedly disapproving, but "admissible expression" or as a "value judgment".

Reactions

The acquittal met with criticism both in parts of the German public and across party lines. In the grounds of the judgment, the court had made Michel Friedman indirectly responsible for Reichertz's statement by assessing it as an adequate reaction Reichertz to Friedman's previous (political) engagement against the REP.

The Bavarian Supreme Court (BayObLG) raised the controversial judgment on 15 February 2002 (1 St RR 173/01) after the public prosecutor against the judgment of auditors had inserted. After a renegotiation at the Kempten Regional Court, Hermann Joseph Reichertz was sentenced to a fine in June 2002 . The court saw in Reichertz's choice of words against Michel Friedman, among other things, a "defamatory [sic] statement that is no longer covered by the freedom of expression guaranteed by the constitution ."

literature

Individual evidence

  1. Winckel, Änneke: Antiziganism. Racism against Roma and Sinti in the unified Germany. Unrast-Verlag, Münster 2002; P. 69.
  2. a b BayObLG, judgment of February 15, 2002 - 1 St RR 173/01, facts.
  3. Page no longer available , search in web archives: [Status: November 9, 2011]@1@ 2Template: Dead Link / www.123recht.net
  4. Review by Änneke Winckel: Antiziganism