Merkel allows prosecution of German comedian who mocked Turkish president

[Martinus]

I don't know about Germany, but here there is such thing as prosecutorial discretion. Prosecutors are perfectly within their own right to decide not to bring charges.

[Malicious Intent]

I don't know about Germany, but here there is such thing as prosecutorial discretion. Prosecutors are perfectly within their own right to decide not to bring charges.

Same here, but for that a case needs to be brought to the prosecution. Which is now the case.

[Zanza]

I don't know about Germany, but here there is such thing as prosecutorial discretion. Prosecutors are perfectly within their own right to decide not to bring charges.

For this particular crime, an authorization by the federal government is required so the prosecutor may even look at the case so he can decide if it merits charges. This authorisation was what Merkel gave now. Would be hilarious if some low level prosecutor drops the case tomorrow.

[Malicious Intent]

Here's the poem in question, both in the original German and roughly translated into English:


Sackdoof, feige und verklemmt
ist Erdoğan, der Präsident.
Sein Gelöt stinkt schlimm nach Döner,
selbst ein Schweinefurz riecht schöner.
Er ist der Mann, der Mädchen schlägt
und dabei Gummimasken trägt.
Am liebsten mag er Ziegen ficken
und Minderheiten unterdrücken,
Kurden treten, Christen hauen
und dabei Kinderpornos schauen.
Und selbst abends heißt's statt schlafen
Fellatio mit hundert Schafen.
Ja, Erdoğan ist voll und ganz
ein Präsident mit kleinem Schwanz.
Jeden Türken hört man flöten,
die dumme Sau hat Schrumpelklöten.
Von Ankara bis Istanbul
weiß jeder, dieser Mann ist schwul,
pervers, verlaust und zoophil,
Recep Fritzl Přiklopil.
Sein Kopf so leer wie seine Eier,
der Star auf jeder Gangbangfeier,
bis der Schwanz beim Pinkeln brennt.
Das ist Recep Erdoğan, der türkische Präsident.


Damn stupid, cowardly and uptight
that's what Erdoğan the President is.
His privates reek awfully of döner kebab,
even a pig fart smells nicer.
He's the man who beats up girls
while he's wearing rubber masks.
Most of all he likes fucking goats
and oppressing minorities,
kicking Kurds, whacking Christians
while watching child porn.
And even in the evenings, instead of sleep,
it's all about fellatio with a hundred sheep.
Yes, Erdoğan is totally
a President with a small cock.
Every Turk is heard to warble,
that blithering idiot has got wrinkled balls.
From Ankara to Istanbul
everyone knows, that man is gay,
perverted, crawling with lice and zoophile,
Recep Fritzl Přiklopil.
His head as empty as his balls,
the star at every gangbang party
until his cock burns while peeing.
That's Recep Erdoğan, the Turkish President.

[The Brain]

When they came for Erdogan I said nothing.

[11B4V]

Mommy's been very bad.

[HisMajestyBOB]

I saw one article that suggested this law (which is from the 1800s or something) might be unconstitutional under the free speech provisions of the Federal Republic's constitution. If the comedian is prosecuted under this law, could he be ruled not guilty on the grounds the law is unconstitutional, or does German law not work that way?

[Zanza]

I saw one article that suggested this law (which is from the 1800s or something) might be unconstitutional under the free speech provisions of the Federal Republic's constitution. If the comedian is prosecuted under this law, could he be ruled not guilty on the grounds the law is unconstitutional, or does German law not work that way?

The paragraph in question was part of the Criminal Code that was enacted by the newly-founded Reich in 1871. It was amended in 1876 and abolished by the Allied Control Council in 1946. The German government reintroduced it in 1953 and it was amended in 1969 and 1975.

If a lower level court thinks a law is not compatible with the constitution and this would influence its decision, it can suspend its proceedings and ask the constitutional court for its decision. The constitutional court would then decide on the question of constitutionality and hand the case back to the lower level court.

Also citizens can directly petition the constitutional court if their basic constitutional rights are violated by any government action (be it enactment of a law, legal or administrative proceedings). The court will check if their complaint contains a relevant constitutional question and if so directly decide it.

In this case, the court could theoretically find that the paragraph is void if it violates our constitution. I doubt that it would violate our constitution though as the provision against "normal" insult certainly does not.

[Razgovory]

I didn't know that Germany has lese-majeste laws.  Such laws are contrary to the idea of free-speech.

[Martinus]

I didn't know that Germany has lese-majeste laws.  Such laws are contrary to the idea of free-speech.

Most of Europe doesn't have free speech.

[The Brain]

I didn't know that Germany has lese-majeste laws.  Such laws are contrary to the idea of free-speech.

It's Germany. You can't even put swastikas on model airplanes.

[Norgy]

I didn't know that Germany has lese-majeste laws.  Such laws are contrary to the idea of free-speech.

Especially when the "majesty" in question is Erdogan, a foreign (dick)head of state of with thin skin.

[Martinus]

I love German mentality, by the way. "We have these stupid, likely unconstitutional, obscene laws but we are going to enforce them anyway because we uphold the rule of law."

Sounds like 70 years of denazification haven't really changed their attitudes.

[Norgy]

I love German mentality, by the way. "We have these stupid, likely unconstitutional, obscene laws but we are going to enforce them anyway because we uphold the rule of law."

Sounds like 70 years of denazification haven't really changed their attitudes.

Look, they're only following orders.

[Zanza]

I love German mentality, by the way. "We have these stupid, likely unconstitutional, obscene laws but we are going to enforce them anyway because we uphold the rule of law."

Sounds like 70 years of denazification haven't really changed their attitudes.

The German penchant for order is something the Nazis used but certainly didn't allow to limit their own actions. Their actions in 1933-34 to establish the dictatorship were decidedly not following the rule of law. So this German adherence to the written law is something that is much older and broader than the Nazis. German history didn't exactly begin in 1933 or 1945.