Böhmermann affair

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As Böhmermann affair (also case Böhmermann , Causa Böhmermann , Erdogate or federal case Böhmermann ) be a television report of the German satirist and moderator Jan Böhmermann called and the subsequent reactions of Turkish and German side.

A short satirical poem, broadcast on March 31, 2016 in the Neo Magazin Royale series on ZDFneo , made waves in the media as far as the New York Times. Böhmermann presented this as a moderator, referring to a satirical song of the NDR broadcast extra 3 (" Erdowie, Erdowo, Erdogan ") and Turkish reactions, under the title of abusive criticism . It was about the Turkish President Recep Tayyip Erdoğan . The lecture was introduced and repeatedly interrupted by hints from the moderator and his sidekick, Ralf Kabelka , that the poetry wanted to explain what a vicious criticism that is forbidden in Germany could look like. Turkish subtitles were shown for the abusive poem, but not for the explanatory context.

The government of Turkey and Erdoğan himself both expressed their demand for punishment and filed criminal charges against Böhmermann; the public prosecutor initiated an investigation. The statement made by German Chancellor Angela Merkel to Turkish Prime Minister Ahmet Davutoğlu that, in her opinion, the contribution was “deliberately hurtful” was controversial in the German public and in politics. She later called this statement a mistake.

When it became known that Turkey was demanding a trial against Böhmermann based on Section 103 of the Criminal Code ( insulting organs and representatives of foreign states ), numerous lawyers, politicians and others demanded that the paragraph be abolished. On April 15, 2016, Merkel allowed criminal prosecution under Section 103 of the Criminal Code and at the same time declared that the Federal Government would introduce a bill to abolish Section 103 of the Criminal Code in the Bundestag by the end of the legislative period .

On October 4, 2016, the Mainz public prosecutor announced that the preliminary investigation against Böhmermann had been terminated. There are no "criminal acts [...] to be proven with the necessary certainty," said the authority. A caricature or satire is not an insult provided that "the exaggeration of human weaknesses [does not] contain serious degradation of the person".

On June 1, 2017, the Bundestag unanimously decided to abolish Section 103 of the Criminal Code; it came into force on January 1, 2018.

Broadcast from Böhmermann

The logo of the Neo Magazin Royale

The reason for Neo Magazin Royale's engagement with Turkish President Erdoğan was the previous affair about the broadcast of a satirical song about his government policy (cf. Erdowie, Erdowo, Erdogan ) by the satirical program extra 3 on March 17th, 2016. On March 29th In 2016 it became publicly known that the Turkish Foreign Ministry had summoned the German ambassador to Turkey and asked the German government to delete the song in the ARD media library . German media reported in detail about the summons, the request for deletion and the sometimes vehement statements of German members of the Bundestag and foreign policy makers; from then on what happened was a political issue.

Embedding the poem in the Neo Magazin Royale

The title of episode 43 of March 31, 2016 of Neo Magazin Royale was Böhmerwie, Böhmerwo, Böhmerwann . Böhmermann introduced the controversial section of the program by calling his own “nonsense program” and (apparently ironically) claiming that it had nothing to do with “satire”. You are not able to drill "these thick boards" like "the colleagues there in Hamburg at extra 3 ". With his contribution he referred to the political situation and discussion; he started it with the sentence “Satire, extra 3, this week almost triggered World War III; first of all a big applause! ".

In the following, Böhmermann turned to Erdoğan directly (since apparently “every little satire or nonsense program, so probably this one too” is watched in Turkey): “If you see that, maybe we have to explain something to you very briefly! What the colleagues from "extra 3" did. So one to…, in terms of content and humor, dealt with what you are doing down there politically, Mr. Erdoğan! In Germany and Europe this is covered by freedom of art, freedom of the press, freedom of expression ”. But there is “also in Germany [and] in Central Europe” a difference between “satire and art and fun” on the one hand and abusive criticism on the other, a difference that he and Kabelka further explained.

With the help of a “practical example” he wants to illustrate Erdoğan the difference between satire that is free of punishment and criticism of abuse that is relevant to criminal law. Together with Kabelka, he pointed out several times that what would follow was something that “should not be done” and that the public performance of the following poem was prohibited in Germany. These hints were given before, during and after the performance of the poem, which was set against the background of the Turkish state flag, a photo of Erdoğan and musically accompanied by a "Turkish-inspired version of 'nem Nena song" (in this case 99 balloons ; im In the case of the extra3 satire, it was Somehow, Somewhere, Sometime ) happened. During the lecture, the poem was simultaneously translated into Turkish by Böhmermann, with subtitles , but the preface and the references to the prohibition of such abusive criticism were not.

After the lecture, Kabelka and Böhmermann speculated about the consequences, "under certain circumstances you can take it from the media library, it can now be cut out". If the Turkish president has something against the poem, it continued, “he first has to look for a lawyer in Germany” so that the case “first goes to a local court ”, where a “ temporary injunction , declaration of cease and desist ” threatens. Böhmermann recommended Erdoğan to his “joke attorney Dr. Christian Witz in Berlin ”, which is otherwise portrayed in the program by Manni Laudenbach as a parody of Christian Schertz . The broadcaster will then “probably” fight it and “in three or four years” the dispute will be settled. "It is also important" for Erdoğan, whom he addressed directly, "to ensure that it does not end up on the Internet," but nobody uploads it.

Poem defamatory criticism

The poem, presented as an example of an abusive criticism, has 24 verses in the pair rhyme scheme ; Stanzas cannot be recognized. Formally, it is based on the Knittel verse , particularly through meter and pair rhyme .

The work, written in the present tense , consists primarily of a series of predominantly sexually connotated abuse and political allegations about Erdoğan and is entitled to abuse criticism . This was previously defined by Kabelka as defamation , “just arguing down there”, as insulting , aiming only at private matters and disparaging someone.

Erdoğan is described as "sacky, cowardly and uptight" (v. 1); he has a “gelöt” that smells “badly like kebab” (v. 3), which even surpasses a “pig's fart” (v. 4) in its odor. Erdoğan is "the man who beats girls / while wearing rubber masks " (v. 5 f.). May he “prefer to fuck goats” (v. 7) and “suppress minorities” (v. 8). He abused “ Kurds ” and “ Christians ” (v. 9) while he watchedchild porn ” (v. 10). He had "instead of [sleeping] [...] fellatio with a hundred sheep" (vv. 12 and 13). He was “fully” (v. 13) “a president with a small tail ” (v. 14); as one hears every Turk “flute” (v. 15), he is a “stupid pig” and has “ shriveled balls ” (v. 16). Everyone “from Ankara to Istanbul” knows that Erdoğan is “gay” as well as “perverted, lousy and zoophile ” (v. 19). The poem puts “Recep” (v. 20) in a row with the offenders Josef Fritzl and Wolfgang Přiklopil and claims that Erdoğan's head is as “empty as his balls” (v. 21), and that he is “the star of every gangbang celebration ”(v. 22), and ends with“ until the tail burns while peeing / that is Recep Erdoğan, the Turkish president ”(v. 23, 24).

Official statements and reactions

Federal government

After the first legal examination of the facts on Sunday, April 3, 2016, lawyers at the Foreign Office suspected that the poem might be a criminal offense.

In a telephone conversation with the Turkish Prime Minister Ahmet Davutoğlu , Chancellor Angela Merkel called the work “deliberately hurtful” and referred to the measures already taken by ZDF. This has been termed prejudicial by critics . The press spokesman for the federal government, State Secretary Steffen Seibert , emphasized the high value of freedom of expression , artistic freedom and academic freedom for the Chancellor . On April 22, 2016, Merkel, in retrospect, described it as a mistake to have described the poem as “deliberately hurtful”.

On April 15, 2016, Merkel personally announced that the federal government would grant the request for criminal prosecution under Section 104a of the Criminal Code and authorize the Mainz public prosecutor's office to prosecute. The underlying § 103 StGB should be abolished by 2018, it is "dispensable for the future." Merkel emphasized the value of freedom of expression and freedom of the press in Germany; the authorization does not constitute a prejudice. The case will be clarified by independent courts, as is customary in Germany.

The decision was controversial in the federal government. The responsible CDU- led departments of the Federal Chancellery and Ministry of the Interior were in favor of the authorization, the responsible SPD- led departments of the Foreign Office and Ministry of Justice were against. Because of the tie, the Chancellor's vote decided. Federal Minister of Justice Heiko Maas said that Erdoğan had already filed a complaint for insult . "The question of whether the statements made by Mr. Böhmermann are satire or even a criminal offense is therefore decided by the courts according to law anyway," he said.

According to a draft law "to reform criminal proceedings against foreign states", the federal government described the normal penal provisions for offense as "sufficient for protecting the honor of organs and representatives of foreign states". In particular, there is no need for an increased penalty. Even international law does not impose any special penal norms in favor of representatives of foreign states. On June 1, 2017, the Bundestag unanimously decided to abolish Section 103 of the Criminal Code. This change took effect on January 1, 2018.

The Berlin-Brandenburg Higher Administrative Court ruled in August 2017 that Angela Merkel was wrong to conceal whether she had seen the poem herself before making public statements. The Chancellery then announced on August 18, 2017 that the Chancellor had taken note of the "insulting poem" via "Bild.de". Bild.de had shown the "abusive poem" in a cut and heavily shortened version, without the introduction, which is essential for the legal assessment, and without the numerous insertions. Furthermore, the integration in the overall context of the program was omitted.

On September 5, 2017, Böhmermann's lawyer Christian Schertz requested in writing that Angela Merkel's public assessment be withdrawn. With her statement that the “insulting poem” was “deliberately hurtful”, she made a “legal evaluation of the work [...]”, which would amount to a conviction. In her role as the “highest representative of the executive”, the Federal Chancellor violated the principle of the separation of powers and thereby triggered “considerable consequences”. Their behavior was illegal. Schertz asked for a statement from Merkel within a week, otherwise he would file a lawsuit against her. The lawsuit was dismissed by the Berlin Administrative Court in April 2019 .

Turkish government

The Turkish Vice Prime Minister Numan Kurtulmuş called the poem an insult to the entire Turkish people in a speech in the southeastern Turkish city ​​of Şanlıurfa on April 11, 2016 . He denied that Turkey was exerting political pressure on the German authorities and accused Böhmermann of a "serious crime against humanity ".

Federal Council

On April 20, 2016 it became known that the Justice Minister of North Rhine-Westphalia Thomas Kutschaty wanted to introduce a Federal Council initiative to abolish Section 103 of the Criminal Code before January 1, 2018. The state government of North Rhine-Westphalia hoped that the paragraph would be deleted before the parliamentary summer break. On May 13, 2016, the Federal Council voted against the immediate deletion of Section 103 StGB.

Second German Television

On April 1, the day after the program was first broadcast, ZDF first took the episode from the media library and then put it back online, shortened by the controversial section. It was also shown as a shortened version in the evening ZDF rerun. It justified this intervention with the fact that "[t] he parody [...] of the Turkish President's handling of satire [...] does not [meet] the demands that ZDF places on the quality of satire programs." ZDF program director Norbert Himmler led from the fact that there are also limits for satire formats, despite “broad shoulders”, which in this case are “clearly exceeded”. The intervention was done in consultation with Böhmermann and concerns "the broadcast video in the media library, clips on YouTube and repetitions". The broadcast of the repeat of the program on April 1 in the ZDF main program was also shortened by the passage.

On April 4, the director of the ZDF, Thomas Bellut , telephoned the Turkish ambassador to Germany, Hüseyin Avni Karslıoğlu , and expressed his regret that the show hurt the feelings of viewers.

On April 11, 2016, Bellut stated that he was "of course by the satire programs, the moderators and Mr. Böhmermann" and advocated that a small excerpt from a "longer satire program should not be raised so high". He only became aware of the program after more than 2000 emails and calls had been received by ZDF. Regarding the investigation against Böhmermann, he explained that it was the task of the public prosecutor to investigate the criminal complaints. Furthermore, he has full confidence in the rule of law Germany.

A legal opinion prepared on behalf of the ZDF by the law firm Redeker Sellner Dahs came to the conclusion "that the sequence in question, including the so-called 'libelous poem', was legally permissible and therefore the limits of criminal liability were not exceeded". The constitutionally guaranteed artistic freedom also includes the use of “coarse stylistic devices, regardless of whether they correspond to personal or general taste ideas” , especially in connection with matters of public interest . It lies "in the essence of satire, through targeted exaggerations , which are also designed to trigger emotions and reactions in the audience, to draw attention to a topic and to criticize".

Protest by the ZDF editorial committee

On April 14, 2016, the editorial board of the ZDF had a letter distributed in all offices of the ZDF headquarters in Mainz, in which it said: “We would appreciate it if the abusive criticism from the poison cabinet is put back into the media library” and as a “document of contemporary history ”. People of contemporary history would have to put up with satire. The broadcaster achieved a great success: “A ZDF program moves heads of government and replaces a legal seminar. Program assignment fulfilled. ”The price for this, however, is a ZDF tour,“ which is sometimes said to be premature obedience ”, and ZDF editors who would have to take approved films from the media library. It was therefore asked: “Was it really worth it?” The station management replied: “It is the right of the editorial committee to represent this opinion. However, the ZDF sticks to its decision not to distribute the controversial 'insulting poem' anymore because the passage does not meet the quality requirements and regulations of the ZDF. "

Jan Böhmermann

Böhmermann's first topic-related reaction came on the day the program was cut by the ZDF: “I think today on April 1, 2016, together with the ZDF, we impressively demonstrated where the limits of satire are in Germany. At last! Should I have hurt the feelings of a flawless democrat while fulfilling my pedagogical assignment, financed by fees, I sincerely ask for your forgiveness. "( Jan Böhmermann :)

The following 44th issue of Neo Magazin Royale was recorded as usual on Wednesday, April 6th and broadcast on the two following days on ZDF and ZDFneo as well as published in the ZDF media library.

Böhmermann and btf GmbH (bildundtonfabrik), which produces Neo Magazin Royale , canceled their participation in the 2016 Grimme Prize award ceremony on April 8th . Böhmermann wrote that he felt "shaken in everything that I have ever believed in" and asked for your understanding for not wanting to celebrate.

The recording of Böhmermann's joint radio show Sanft & Sorgvollig with Olli Schulz , which should have been broadcast on April 10th, was also omitted . According to Radio Eins , Böhmermann was unable to produce a program. At Böhmermann's request, the issue on April 17th was also canceled. Instead, radioeins presenter Marco Seiffert organized a Böhmermann Solidarity Satire Show Talk that was broadcast from the tipi at the Chancellery .

According to Spiegel, Böhmermann turned to CDU Chancellor Peter Altmaier in a private message on the short message service Twitter and asked for “consideration of my artistic approach and my position, even if it is controversial”, according to which Böhmermann “would like to live in a country who allows and wants to explore the limits of satire and can be the subject of a civil society debate. "

Böhmermann and Bildundtonfabrik announced on April 12th that they would not produce the issue planned for April 14th due to the reporting and their focus on moderator and broadcast. Instead of the canceled recording, a best-of edition was shown on ZDFneo and the media library. On the same day, the Cologne police announced that they would put Böhmermann under personal protection and examine the mail reaching him for dangerous content. According to Der Tagesspiegel , it became known from security circles that there was talk of threats by the Gray Wolves , members of the right-wing extremist Turkish party of the Nationalist Movement . Police protection was lifted at the end of April 2016.

On April 16, Böhmermann announced on Facebook that it would be taking a four-week break from television. The ZDF confirmed this. Böhmermann wrote that he would leave Germany and “at Twerk & Travel through North Korea the matter of freedom of the press and art will be explained to him in detail again”, “before I go on a pilgrimage with my Segway on the Way of St. James for a few days to see myself Find".

On April 25, 2016, Böhmermann and the production team announced that they would end the TV break on May 11, 2016, as announced.

On the day of freedom of the press , Jan Böhmermann gave his first interview after the affair in the weekly newspaper Die Zeit and sharply criticized Chancellor Angela Merkel for having " filleted " him when she gave him the authority to initiate criminal proceedings against him for insulting a foreign head of state: "The Chancellor mustn't wiggle when it comes to freedom of expression. But instead she filleted me, served tea to a nervous despot and made me a German Ai Weiwei . ”In the interview, he talked about his life in the last few weeks far away from the public, his request to Chancellery Minister Peter Altmaier for help and his role as the trigger of a state crisis and what expectations he had of the upcoming process. Böhmermann defended himself against the accusation that the poem was racist: "The most painful idea for me is really that someone could seriously consider me a racist or an enemy of the Turks because of this number."

The first broadcasts of Neo Magazin Royale after the break

On May 12, 2016, Böhmermann invited the Left Party politician Gregor Gysi to his first show after the break. When Gysi asked him about the poem and reprimanded him for it, he covered his ears to make it clear that he would not comment on it. In his stand-up part at the start of the show, he only recited jokes that viewers had submitted via email. Those whose jokes were presented received a reward of 103 euros - alluding to the criminal paragraph. The program contained numerous other allusions to Merkel and the criminal proceedings.

On May 19, Böhmermann stepped on the “quota brake” (hashtag of the week) by expressly foregoing comments on the poem, despite a record audience rate for the last program. There were only allusions by broadcast guest Jürgen von der Lippe .

On May 26, the new rubric "Consciously hurtful" was introduced, the name of which alludes to Merkel's first assessment of the poem.

Legal proceedings

Criminal proceedings

After the broadcast, the Mainz public prosecutor received reports from private individuals and thereupon started investigations against Böhmermann on suspicion of insulting organs and representatives of foreign states under Section 103 StGB . To preserve evidence, she requested a recording of the program from ZDF. She also informed the Federal Ministry of Justice and Consumer Protection and asked whether there was a request for criminal prosecution on the part of Turkey, which is a condition for a possible charge in this regard under Section 104a of the Criminal Code in addition to the Federal Government's authorization to prosecute. Another condition of Section 104 a of the Criminal Code is that “reciprocity is guaranteed”, ie it is clear that it can be proven that in Turkey, insulting heads of state of other states is subject to a special penalty in a comparable manner. A regulation similar to the German § 103 StGB is Article 340 of the Turkish Penal Code. However, it is not enough for such a rule to be formally valid; it must also be applied in fact in Turkey. The public prosecutor's office is also investigating those responsible for ZDF against whom notifications have been received.

In a verbal note from its ambassador to the Foreign Office, Turkey made it clear that it was demanding criminal prosecution.

On April 11, 2016, Erdoğan had filed a criminal complaint ( Section 194 of the Criminal Code) against Böhmermann with the Mainz public prosecutor's office for insulting ( Section 185 StGB) .

On April 15, Chancellor Merkel announced that the federal government had authorized the Mainz public prosecutor's office to prosecute Section 103 of the German Criminal Code.

On April 26, the Mainz public prosecutor announced that the authorization of the German government and the request of the Turkish government to prosecute the moderator had been received. The Chief Public Prosecutor Andrea Keller also announced that Böhmermann should now be heard. Finally, a factual decision can be made as to whether there is sufficient suspicion according to § 103 StGB. The criminal complaints from private individuals are also to be summarized and examined in one procedure.

On October 4, 2016, the Mainz public prosecutor announced that the preliminary investigation against Böhmermann had been discontinued. There are no "criminal acts [...] to be proven with the necessary certainty," said the authority. She also stated that a caricature or satire was not an insult provided "the exaggeration of human weaknesses [does not] contain serious degradation of the person." In addition, the public prosecutor stated that Böhmermann's poem should serve as an example of the violation of freedom of expression.

On October 9, 2016, Erdoğan filed a - fruitless - complaint against the setting with the Mainz public prosecutor's office and the higher-level public prosecutor's office in Koblenz through his lawyer . Erdoğan did not proceed against Böhmermann in terms of criminal law.

Civil proceedings

Böhmermann refused to submit a declaration of discontinuance . His lawyer Christian Schertz informed Erdoğan's lawyer Michael-Hubertus von Sprenger on April 13, 2016 that it was "obviously overlooked that the poem was not distributed in isolation, but in an overall presentation of what is allowed and what is not in Germany" .

Interim disposal

On May 17, 2016, the press chamber of the Hamburg Regional Court issued an injunction against Böhmermann at Erdoğan's request (LG Hamburg, decision of May 17, 2016 - 324 O 255/16). After that, the poem was in parts defamatory, but could be repeated in parts.

The court stated that the poem was satire, an "art form that is inherent in exaggeration and distortion". In the legal assessment of the poem, its “concrete presentation and context must also be taken into account”. The balance between artistic freedom and freedom of expression on the one hand, and general personal rights on the other, led to the result that certain passages of the poem exceeded the limit of pure abuse. In the opinion of the court, this included some “prejudices to be classified as racist”, which were taken up in the text, as well as the “sexual references in the poem”.

Böhmermann's lawyer called the decision "blatantly wrong". The court made the mistake of "dissecting the poem and singling out certain statements and forbidding them". It had established that the poem was a work of art , but then dismantled it in order to forbid parts of it in isolation. In fact, the poem must be viewed as a unit. Schertz said: “You can't cut a painting apart and then only partially release it”. In addition, the court disregarded the context of the broadcast, which was decisive in order to determine the admissibility of the overall presentation. Erdoğan's lawyer, on the other hand, expressed his astonishment that the chamber had not banned the entire poem.

Reactions in the media

Press lawyer Thomas Schwenker described the decision to Zeit Online as "completely inconsistent". So it is a questionable consideration that it was forbidden to claim about Erdoğan that “he likes to fuck goats best”, but not: “He is the man who beats girls while wearing rubber masks”. In the second case, too, it is clearly about sex - with children. The media lawyer Jörgnahert, who represented Die Zeit und Zeit Online , saw in the decision of the court the danger that it depends on the taste judgment of the respective judge whether they classify certain passages as permissible or not. He warned that this "opened the door to censorship". The media lawyer Niklas Haberkamm emphasized that Böhmermann had reacted with his poem to the fact that Erdoğan had recently taken massive action against a harmless song in the NDR show extra 3 and Böhmermann had clad the poem in his show with the reference that he was showing want what satire is allowed and what not in Germany. The court focuses on individual statements in the poem, but not on this context. If a satirist is no longer allowed to present negative examples of inadmissible abuse, then he will no longer be able to do so in lectures to students either.

Andrian Kreye , co-head of the features section of the Süddeutsche Zeitung , called the press chamber's decision an “insult to German humor”. He said the poem should never stand for itself, but rather stood in the "context of a satirical exploration of freedom of expression", which was "a response to the attacks by the Turkish government" according to the Extra 3 contribution. It would be a “gross distortion” to take the poem out of context. Because context is "in the culture of modernity for over a hundred years the basis of art, literature, pop and above all satire".

Reinhard Müller , lawyer and FAZ editor, welcomed the decision of the Hamburg Regional Court. He explained that Böhmermann himself had pointed out in his broadcast that “what follows is punishable abusive criticism and will be removed from the ZDF media library's offer.” Müller also said that an “attack on other fundamental rights packaged as a satire” was not constitutional. He also complained that many people did not understand this, which was mainly due to people who could distribute but not take.

Trial at the Hamburg Regional Court

The civil law proceedings in the main matter began on November 3, 2016 before the press chamber of the Hamburg Regional Court . On February 10, 2017, the court upheld the ban on the satirist from repeating "defamatory" verses of the poem directed against Erdoğan. Böhmermann has to pay 80% of his warning costs, 1973 euros - Erdoğan had not asked for compensation . In case of repetition of the poem in its original form threatens - as since the injunction - an administrative fine of 250,000 euros or administrative detention .

Erdogan's lawyer Michael Hubertus von Sprenger spoke of a "victory of the rule of law", Bohemian's lawyer Christian Schertz lay vocation one.

Reactions in the media

The director of the Grimme Institute Frauke Gerlach criticized the court decision in relation to the German Press Agency : "The court is avoiding an overall assessment of the case and, in my opinion, is inadmissibly taking the poem apart". If one tries to separate permissible from inadmissible parts, that is not how one can judge satire. The federal chairman of the German Association of Journalists (DJV) Frank Überall spoke of an “absolutely unsatisfactory judgment”. It means a restriction of the satirical freedom, for him it is not understandable, "that only in Hamburg the judiciary has understanding for the exuberance of the Turkish president".

Trial at the Hamburg Higher Regional Court

In the appeal hearing before the Hamburg Higher Regional Court , Erdoğan was represented by the Cologne lawyer Mustafa Kaplan. His former lawyer von Sprenger resigned after Erdoğan accused German authorities of "Nazi methods". In principle, the OLG joined the lower court: The passages forbidden by the regional court are a mere degradation of Erdoğan's person and are therefore no longer covered by freedom of expression . So 18 of the 24 lines of the poem remained banned. In its reasoning, differing from the regional court, the OLG assumed that Böhmermann could not assert the protection of the freedom of art here . Due to the lack of height of creation, his satire does not meet the requirements of the constitutionally relevant concept of art. The Higher Regional Court did not allow an appeal. The Federal Court of Justice rejected Böhmermann's non-admission complaint , which made the judgment of the Hamburg Higher Regional Court final. In August 2019, Böhmermann filed a constitutional complaint against the ban on performing certain passages of the poem. This has not yet been decided.

Erdoğan announced the withdrawal of all lawsuits for insulting the president

On July 29, 2016, Erdoğan announced that he would withdraw lawsuits filed against hundreds of people for insulting the president . However, he did not withdraw the proceedings conducted abroad.

reception

Germany

Prominent opinions

In the time of November 29, 2018, the entertainer Harald Schmidt described Böhmermann's approach as uncool. When asked whether he would describe himself as “ cool ”, he replied: “I was always cool enough not to call the Chancellery Minister and ask for help.” Before the trial, Böhmermann told Chancellery Minister Peter Altmaier “personally via Twitter ” Help asked. Altmaier then promised quick information on how the government would decide on ARD.

The satirical magazine Titanic published "Das Schmährkelgedicht", which appears to be polemical about Chancellor Angela Merkel in a similar way.

Support for Böhmermann

German media are discussing the broadcast controversially. The poem was criticized in some quarters as a tasteless insult, whereas other commentators as legitimate, under the protection of the Basic Law standing Satire rezipiert and defended.

Several well-known personalities sided with Böhmermann, including the cabaret artists Serdar Somuncu and Dieter Hallervorden , who published a mocking song called Erdogan, show me on the occasion of Erdoğan's criminal complaint .

Christoph Sweet said Erdogan in the show cross for his reaction to the satirical program his "deep appreciation", because thanks to Mr. Erdogan, the satirist know now that their work continues to have a meaning.

The ZDF presenter and satirist Oliver Welke said that in the case only the Chancellor behaved badly. One could not first say nothing about calling in the German ambassador in Ankara after the "extra 3 case" and then, as it were, comment on Böhmermann as the top German television critic ("that doesn't work!").

Mathias Döpfner , CEO of Axel Springer SE , saw the poem and its presentation as a “work of art” in the tradition of Martin Kippenberger's First Feet and expressly adopted the poem “in every legal form”. As a result, Erdogan made about his media lawyer Ralf hump a preliminary injunction request for an injunction against Döpfner. Höcker defended the procedure by equating the affair with mass rape , if one starts, “everyone will crawl out of the holes and join in. Especially if the victim allegedly didn't deserve it better ”. At the same time, he warned against a "collective disinhibition" and stated that human dignity was "above freedom of the press, art and freedom of expression". On May 10, 2016, the press chamber of the Cologne Regional Court refused to issue an injunction against Döpfner. The Chamber stated that in the area of ​​tension between the fundamental right to freedom of expression and Erdoğan's general right to personality, Döpfner's statement as a contribution to the formation of public opinion was permissible in a controversial debate. Erdoğan's lawyer Höcker announced an immediate appeal to the Cologne Higher Regional Court . The Cologne Higher Regional Court rejected Erdoğan's complaint and upheld the Cologne Regional Court's decision.

Martin Sonneborn , former editor-in-chief of Titanic and member of the European Parliament for the party Die PARTEI , told the news channel N24 that he “believes that this case must be referred to the German judiciary very quickly.” That is the usual one Gear. There, “Erdoğan's handling of goats” could finally be clarified. He sees Erdoğan as an “aging dictator” who is suffering from a loss of reality.

The editor-in-chief of Horizont , Uwe Vorkötter , raised the question of whether Jan Böhmermann was doing anything other than Charlie Hebdo magazine , the cartoonist Kurt Westergaard or the author Salman Rushdie . The government is not responsible for this affair, but the ZDF. The Tagesspiegel commentator Jost Müller-Neuhof drew such a comparison and said that satire sometimes has to break the law to be effective.

FAZ editor Berthold Kohler wrote that the Böhmermann case also shows “abundantly what kind of potentate and what kind of regime the Chancellor wanted the EU to be the guardian of its borders. A deputy Turkish prime minister accuses Böhmermann of a “serious crime against humanity”; this is an indictment that was first brought at the Nuremberg Trials. The comedy generation must be said: This is not satire, it is bitter political seriousness. "

The media scientist Bernhard Pörksen is of the opinion that Böhmermann created a hybrid with the verses, the "humiliating satire", speaks of a "piece of satirical genius" and sees confirmation of this in the debate that has arisen.

The lawyer Reinhard Müller ( FAZ ) writes, among other things: “In the case of Jan Böhmermann's rhymes on [...] Erdogan, the context has to be taken into account as always. Erdogan had summoned the German ambassador because of a satirical song about him and his politics (not least to the press). Böhmermann went one step further […]. ”In his opinion, Angela Merkel should have pointed out the freedom of the press when she spoke to the Turkish Prime Minister , beyond whose limits independent courts have to rule in a constitutional state .

The former President of the North Rhine-Westphalian Constitutional Court , Michael Bertrams , told the Kölner Stadtanzeiger that he “saw Böhmermann's statement at least covered by the freedom of expression and artistic freedom guaranteed by the Basic Law”. Böhmermann's comment that he wanted to demonstrate what satire is not allowed to do, he judged tendentially “as a permissible stylistic device in the context of a satirical 'total work of art'”. Böhmermann thus constructed "a kind of hybrid, a parody of the parody".

Heribert Prantl ( Süddeutsche Zeitung ) writes in a comment “The criminal paragraph 103, which particularly protects the honor of foreign heads of state and which punishes particularly markedly, is antiquated, it is superfluous and silly; in it the remains of the old lese majesty are preserved. [...] This paragraph, which is called " Shah- Paragraph" in jargon , should be abolished. Because why should insulting a statesman […] be punished differently than insulting other people? This penal provision is a remnant from sovereign and monarchical times. The penal provision dates from the 19th century; and that's where it belongs. ” Thomas Oppermann , chairman of the SPD parliamentary group, pleads for its abolition. On behalf of his parliamentary group, he advocates the deletion of Section 103 StGB without replacement. The regulation goes back to the prosecution of the lese majesty and is antiquated. He promised a change to the law in the next week of the Bundestag session.

According to Prantl, the handing over of the case to the judiciary is “not a kowtow before Erdoğan, but the course of things in a constitutional state.” He noted that Chancellor Böhmermann had not delivered the knife, as the authorization did not mean that he actually did is punished.

The CDU politician and chairman of the Bundestag Interior Committee , Ansgar Heveling , sees the controversy as an opportunity for Germany's external image: “In my opinion, nothing speaks against the independent judiciary being given the opportunity to check whether Mr Böhmermann's statements against the Turkish president to insult a head of state as a defamatory criticism ”. "Such a review would be a signal that we are leaving such disputes to our independent judiciary."

Norbert Röttgen , Chairman of the Foreign Affairs Committee , said: "President Erdogan's attempt to intimidate freedom of expression and freedom of the press in Germany is a hopeless presumption". "Also unacceptable and ineffective is the attempt to intimidate European diplomats who were spectators at a public trial against Turkish journalists".

The parliamentary group leader of the Bundestag parliamentary group of the Left , Sahra Wagenknecht , called Merkel an “extended arm of the Turkish President Erdogan”, who does not “protectively stand in front of the constitutionally anchored freedom of the press, expression and artistic freedom in Germany” described Böhmermann as a “critical artist” who should be protected from prosecution.

The Greens -Bundestagsabgeordnete and Vice Group Chairman Konstantin von Notz sees the case "on the way to a state affair." The actions of the Chancellor are unfortunate and give the appearance of blackmail.

Wolfgang Nešković , a former judge at the Federal Court of Justice and a former non-party member of the Left parliamentary group, criticized the Chancellor's decision to grant the Turkish request for punishment. He accused her of “deliberately misleading” the citizens because she gave the reason for her decision that courts should decide on the case. “Even without the authorization, the judiciary would have to decide on the allegation of insult, since a corresponding application according to § 185 [StGB] is available. […] Section 103 [StGB] expressly provides for the participation of politics ”. A decision taking into account political and diplomatic interests should be made expressly, with the Chancellor having "obviously decided in favor of Mr. Erdogan". She had "made herself the key witness for Erdogan's attacks on freedom of the arts and the press". Nešković did not consider Böhmermann to be convicted and gave reasons: “The poem in itself would certainly be punishable. But in this case it is part of a satirical contribution. Mr. Böhmermann referred to the extra 3 contribution and the appointment of the German ambassador. His contribution should show the Turkish head of state that satire is very broad according to German legal understanding. He deliberately exaggerated the content of his contribution in a pedagogical way in order to make the limits of artistic freedom in Germany clear. ”This means that the poem is clearly part of the satire.

The petition “Freedom for Böhmermann!” Received more than 150,000 signatures within two days and over 230,000 within a week. A demonstration in front of the Turkish embassy in Berlin , at which Böhmermann's humiliating poem was to be publicly recited, was banned by the Berlin Administrative Court on the grounds, among other things, that Böhmermann's satire was characterized by "distant embedding in a quasi-educational overall context" so to clarify the limits of freedom of expression ”. In contrast to this, however, “the isolated quotation of the poem fulfills the requirements of an insulting criticism.” In this case, the “protection of personality over freedom of expression” takes priority. As a result, the chairman of the Berlin Pirate Party, Bruno Kramm, was arrested.

Criticism of Böhmermann

On May 12, 2016, Detlef Seif (CDU) , member of the Bundestag, presented the poem (detached from the overall context) to the plenary session of the German Bundestag, during its deliberation on bills from the parliamentary groups of the Greens and the Left to delete Section 103 of the Criminal Code and reorganize the offenses against libel, and then said: “I don't need to think about that any longer. Resentments are served ”. Seif's lecture was also criticized. Renate Künast said she was "very embarrassed for this house that you read the text." Böhmermann commented: "I don't know what I find worse as a voter: when an MP takes crystal meth or publicly recites the poem of shame in parliament!"; “Detlef Seif took the humiliating poem out of context and presented it to the German Bundestag. Shameful, dignified and tasteless! "; "I hereby apply for the immunity of CDU member Detlef Seif to be lifted for violating § 103 StGB." Due to the indemnity applicable to members of the Bundestag, Seif cannot be prosecuted except for defamation , even after his mandate has expired .

Jürgen Todenhöfer stated in an open letter , which also reproduced the entire text of the poem, that it was "an insult for the sake of insulting" and that it was "hidden racism". The comedian Uwe Steimle also spoke out against Böhmermann's poem.

In the Frankfurter Allgemeine Sonntagszeitung , Friederike Haupt wrote that there was a trend among many predominantly young people to obtain their political information solely from satirical programs. It is obvious that satire is not allowed to do everything, but many do not differentiate sufficiently to be able to recognize limits. By denigrating Erdoğan as a sodomist , the "satirist", who believes he is on the good side and believes he can insult the allegedly bad guys, ultimately says more about himself than about the criticized. This is pubescent and has nothing to do with humor or politics.

The media scientist Bernd Gäbler rated the verses as "terribly bad". It is an unfortunate gloss , the educational value of which is questionable and which should not have been broadcast because of its lack of level. With these verses, Böhmermann had missed the actual meaning of a satire and ultimately played into the hands of the Turkish president, since he could now take legal action against the stupidities. By merely playing with racist stereotypes and perversions, Erdoğan was not personally identified and the actual victims of his politics were neglected.

The television journalist Hakan Tanriverdi rated the poem on Jetzt.de as racist : “The problem is that this poem is racist. It seems to me as if the editorial team had put up a box full of clichés about Kanaken , then every employee was allowed to draw a prejudice and that was processed as a rhyme. For decades, Turks have been insulted with a large part of the abuse that is supposed to hit Erdoğan. And, let's be honest, 'Turk' is a code word for Muslims and yes, if you don't believe me, just read up on the arguments used to discuss Turkey's accession to the EU. Or, better yet, read the poem. The Turkish man smells like doner kebab . A pig's fart smells nicer. Why a pig fart? Because in Islam the animal is considered unclean. So it's the man's insult about his religion. Even the animal that he is condemned to hate [sic] smells even better the moment it stinks brutally. "

Turkey

Support for Erdoğan

On April 2, there was a demonstration of around 20–30 people against the poem in front of the ZDF's foreign studio in Istanbul , during which eggs also flew onto the building facade and ZDF's apology was demanded on signs, some in German. The headline of the Turkish pro-government Sabah was When does Böhmermann go ?! and reported calls for the cancellation of Neo Magazin Royale .

In the program Yaz Boz on the Turkish TV station A Haber , broadcast on April 9, a reporter visited the ZDF studio in Mainz ; the reporting was dramatized and irrelevant.

According to a report on the Internet portal of the Süddeutsche Zeitung , the pro -government newspaper Sabah and a commentator for the tabloid Star described the poem as a “porn fantasy”.

Support for Böhmermann

The Turkish illustrator and cartoonist MK Perker thinks the affair and the reaction to it are very funny. The case is not unusual for him, as he is used to prosecution in Turkey for insulting the President. Tuncay Akgün, editor-in-chief of the weekly satirical magazine LeMan , finds the affair shocking on the one hand, but is also used to the reprisals in Turkey on the other. Both agree that if Jan Böhmermann is convicted, a signal for the limits of democracy will be sent.

According to a dpa report, the case only plays a subordinate role in the public discussion, which could also be due to the fact that "the insulting content of the abusive poem is not reproduced in Turkey either".

The Cumhuriyet newspaper, which is viewed as critical of the government, has addressed Merkel's decision-making dilemma regarding the authorization to prosecute.

It is striking that the German media would defend this "humiliation" with freedom of the press.

International

Austria

Florian Klenk , editor-in-chief of Wiener Falter , commented on April 13, 2016: “You can't be grateful enough to Turkish President Recep Erdoğan for his criminal complaint against ZDF satirist Jan Böhmermann. For months the Turkish sultan has been bombing the Kurds, fueling minority conflicts and suppressing dissidence and the media in his country. [...] The European public didn't care about any of this. […] But now the gaze is fully directed towards Erdoğan and his 'little tail', laughed at by Böhmermann. No, Böhmermann, the confusion artist, didn't laugh at him at all, on the contrary, he just wanted to present which satire is just not allowed in the German media. […] Erdoğan's criminal complaint is a godsend. First of all, the ruler now has to descend into the secular courtroom to litigate with the court jester about the size of his eggs. Second, the judiciary - knowing the European constitution - will have to acquit Böhmermann. "

Switzerland

The Swiss cabaret artist and presenter Viktor Giacobbo described the poem as "intentionally clumsy", which makes it obvious that it is not about the content. According to Erdowie, Erdowo, Erdogan, it was perfectly possible to wipe out the autocrat. Giacobbo noted, however, that he did not understand the cancellation of the following programs; At this point he would have simply read Erdoğan “on his knees a great declaration of love” and praised him as a wonderful statesman and great democrat.

Greece

The former Greek finance minister Yanis Varoufakis , who in 2015 was twice the target of Böhmermann's satire, spread on Twitter: “After Europe has lost its soul ( EU-Turkey agreement of March 18, 2016 ), it is now losing its sense of humor. Hands off Jan Böhmermann ”. In an interview with the broadcaster RTL Nord , he further explained that "satirists, comedians, musicians and artists [...] [should] be left completely alone" and that there was also "no political interference, no coercion from dictatorial forces abroad or at home “May give.

United States

The British-American satirist John Oliver reported in his US late night show Last Week Tonight about the Böhmermann case, criticized Erdoğan (“he wants to lock someone up over a poem!”) And § 103 (“a nineteenth century German law! "). Erdoğan almost challenged people to make fun of him. Oliver said to Erdoğan: “If you are so anxious not to be ridiculed, try not to suppress free speech in your country or in others and in general to behave in such a way that not everyone wants to see that they kick you in the balls! "

The Editorial Board of the Washington Post wrote in an April 13, 2016 editorial: “The whole case should spark nothing but roaring laughter at Erdogan's (Turkish President's) megalomania. It is alarming that Merkel is at least pretending to take the whole thing seriously. ”The real reason for Merkel's remarks is Erdoğan's important role in the European refugee issue. Merkel probably wanted to prevent a diplomatic crisis. But that may be fatal, as freedom of speech is at stake in Germany. "Merkel's ramblings are ready to encourage Erdogan and other regimes - China comes to mind - which want to suppress critical statements both inside and outside their borders". Merkel's only answer to Erdoğan should be what her spokesman said on Monday: "As the cornerstone of the constitution, freedom of expression is non-negotiable."

Slovakia

The Slovakian Pravda wrote: “Chancellor Merkel has got into a quandary: If she is right with Erdogan, she loses points with the domestic audience and is accused of restricting freedom of expression. If she rejects Erdogan's call for prosecution, she angered a key ally in resolving the refugee crisis. The formulations aimed at Erdogan are beyond good taste. But if we remember the Flynt case against the American people , then we know that freedom of speech counts more than a single offended autocrat. "

Denmark

The Danish Jyllands-Posten ruled: “Instead of letting the free press and its satirists work freely, Angela Merkel apologized to Erdogan, but as the sad course of events has shown, he wants more. One apology wasn't enough. Now Erdogan also wants the law on his side and has taken the preliminary legal steps. Merkel's apology is interpreted as a kneeling before Erdogan. The whole affair is a dreary illustration of what happens when you bend over to pressure. You get more pressure, not less. "

Netherlands

The Dutch De Telegraaf asked: “How far does Erdogan's power extend? If he has his way, very far. He calls for prosecution for the comedian Böhmermann, who mocked him. The whole thing got so out of hand that Chancellor Merkel now has a problem [...] By calling Böhmermann's satire "hurtful", she caused bad blood. The comedian's tirades are really not subtle, and even generous minds will not find them particularly funny. But the point is that such statements are possible in an open, democratic society. Merkel has to show her backbone. Erdogan cannot determine how far humor can go in Germany. Once again the President has shown that today's Turkey does not belong in the EU. "

The Dutch daily newspaper Zaman Vandaag of the Gülen movement reported an email in which the Turkish consulate in Rotterdam urged Turks in the country to immediately make "disparaging, snooty, hateful and insulting remarks about our esteemed President, Turkey or the Turkish community" Report to. Politicians from all parties in the Netherlands reacted disgruntled. Similar to German law, Dutch law also knows the offense of lese majesty, denigration of a head of state or insulting a foreign head of state.

On April 24, 2016, the Hague Foreign Ministry confirmed the arrest of Dutch journalist Ebru Umar , who is of Turkish descent, in Turkey. She wrote a critical column about Erdoğan and the denunciation request for the Dutch newspaper “ Metro ” and distributed excerpts from it on the short message service Twitter. In Amsterdam, meanwhile, her apartment was broken into "with a lot of force" and her computer was stolen. Umar was released on April 25 after the Dutch government intervened. However, she was not allowed to leave Turkey and when the “country arrest” would be lifted she was not informed. On Dutch radio Umar spoke of "pure intimidation and provocation". Many of the roughly 380,000 Turks living in the Netherlands cheered Umar's arrest with no hesitation. Dilan Yesilgoz, a right-wing local council member in Amsterdam and a Turkish immigrant himself, said: "You all support a man who does not recognize our freedoms - a worrying development". The Dutch ambassador in Ankara protested at the Ministry of Foreign Affairs and asked for an explanation. The Prime Minister Mark Rutte , who ruled in a coalition of right-wing liberals and social democrats, announced, similar to Germany, that the Böhmermann affair would be used as an opportunity to abolish the relevant paragraph.

After the controversial arrest of Umar, De Telegraaf caricatured Erdoğan on the front page as a long-armed gorilla on a monkey rock who tries to suppress freedom of expression in Europe. The title of the cartoon was: "The long arm of Erdogan".

Since the Böhmermann affair, the hashtag and the word “Geitenneuker” (ndl. For “goat fucker”) have been widespread, especially among artists who have expressed their solidarity with Böhmermann in this way. There was a real competition to see who could insult Turkish President Erdoğan worst. The cabaret artist Hans Teeuwen said in solidarity with Böhmermann in an interview on the news program RTL Nieuws, among other things, that he still knew Erdoğan from his past as a “ prostitute in Istanbul” and that he was still waiting for a “ blow job ” from Erdoğan. The daily De Telegraaf quoted the Rotterdam lawyer Ejder Köse: “He did not make these statements on stage, but in a serious news program on television. So this is not a cabaret, but a political statement ”. The Turkish lawyer Ejder Köse helps Turkish-Dutch citizens who demand criminal prosecution of comedians.

Great Britain

In solidarity with Jan Böhmermann, The Spectator , the oldest existing magazine in the English language, called for even more insulting criticism from April 18 to May 23, 2016 for the literary competition “The President Erdogan Offensive Poetry Competition”. It offered a prize of a thousand pounds (1,300 euros) for the most insulting poem about Turkish President Erdoğan. The editor-in-chief, Douglas Murray, wrote shortly after the first legal attacks on Böhmermann: “Well, I am a free-born British man and we do not live under the blasphemy laws of such despots. To honor that fact, I spent the weekend writing indecent limericks about Mr Erdogan. And I would like to invite all readers to do the same in a big Erdogan Limerick competition. ”The aim of the competition is to be as“ dirty and offensive as possible ”. Poems with political content could also be included in the evaluation, but works that deal with goats, for example - an allusion to Böhmermann's poem - would probably achieve a better evaluation, according to the announcement. There were no formal limits, and iambic five-liner or heroic two-line characters were also permitted. Even a work in Homeric hymns , for example on the smallness of Erdoğan's masculinity, might (if appropriately obnoxious) have some chances of winning - limericks were recommended because “almost anything insulting that is worth saying is usually in the five lines of this beautiful and filigree shape fits ”. Just days after the announcement, Murray wrote of thousands of submissions from around the world, including in Arabic.

The competition was won by Boris Johnson , who was London's mayor twice and who himself has prominent Turkish ancestors - his great-grandfather Ali Kemal was the last Minister of the Interior of the Ottoman Empire - with a limerick over the act of a goat.

In doing so, Johnson directly took up those sexual innuendos that had been objected to by the Hamburg district court and led to the temporary ban on the Erdoğan poem Böhmermann. The German lyric newspaper, which was one of the first media to report on this competition in Germany, described the Limerick as “compliant with the rules”. Johnson, who described the investigation against Böhmermann as a "scandal", told the Swiss magazine Weltwoche that if someone wants to joke about the love that blooms between the Turkish president and a goat, he should be allowed to do so in any European country , "And also in Turkey".

In the rationale for first place, the jury of the Wochenblatt wrote that Johnson's poem was "not quite perfect", but it was "a wonderful thing that a British politician has shown that Great Britain does not bow to Caliph Erdogan."

See also

Web links

Individual evidence

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