Merkel
allows investigation of Erdoğan satirist
Merkel
defends freedom of speech — but lets case against German comedian
go ahead.
By CYNTHIA KROET ,
IVO OLIVEIRA and MATTHEW KARNITSCHNIG 4/15/16, 1:13 PM CET
German Chancellor
Angela Merkel said Friday she will permit a criminal investigation
into the comedian Jan Böhmermann on charges that he insulted Turkish
President Recep Tayyip Erdoğan, while promising to overturn the law
in question and arguing that artistic freedom was an “elementary”
right.
Turkey made a formal
request to Germany on Monday to file charges against Böhmermann, who
called Erdoğan a “goat-f—-er” in a March 31 broadcast.
Merkel, announcing
her decision, said that in the specific case of a paragraph in the
German criminal code against insulting representatives or symbols of
a foreign state, it was up to the government to grant permission for
prosecutors to go ahead. After examination of Turkey’s request by
the foreign, justice and interior ministries and her own office, the
decision was that “the government will grant permission in this
case.”
The case has left
Merkel in both a political and legal bind. While Germany needs
Turkey’s support to slow the flow of refugees coming to Europe,
Berlin doesn’t want to be seen sacrificing its own values in the
process. Yet the German law cited by Erdoğan, which dates back to
the 19th century, may give Merkel the cover she needs to weather the
uproar.
The German
chancellor is due to visit the Turkish town of Gaziantep, near the
Syrian border, on April 23 with European Council President Donald
Tusk and Commission First Vice-President Frans Timmermans.
Merkel’s message
on Friday appeared to be that while she was compelled by the law to
allow the case to move forward, she disagreed with the statute and
planned to overturn it before elections next year. Many German legal
scholars have also argued there was little legal basis for Merkel to
block the case.
That said, given the
broader concerns about media freedom, Merkel could have also argued
that since Erdoğan has filed a separate defamation complaint, the
government saw no need to invoke the law on offending foreign
leaders. More than 80 percent of Germans are opposed to the
investigation, according to a poll published by Die Welt. Most
Germans see it as a transparent attempt to appease Erdoğan.
Merkel’s
calculation seems to be that her countrymen will ultimately care more
about getting the refugee crisis under control. It will likely take
months, if not years before the case is decided. In the meantime, the
uproar will die down. In the end, German courts are likely to decide
with Böhmermann, legal analysts say, arguing that the sketch is
protected by artistic freedom.
Nonetheless, the
episode is a reminder of difficult position Europe put itself in by
cutting the refugee deal with Turkey. Critics of the pact who warned
it would allow Erdoğan to impose his values on Europe appear
vindicated.
In a televised
statement, Merkel said there had been “different opinions”
between her conservatives and their Social Democrat (SPD) coalition
partners, who run the German foreign and justice ministries. She
added that the government would propose abolishing the rarely used
lèse majesté law by 2018.
“We’re of the
opinion that permission to investigate under paragraph 104-A of the
criminal code should not have been granted. Freedom of opinion, of
the press and artistic freedom are the highest values of our
constitution,” said Foreign Minister Frank-Walter Steinmeier, in a
joint news conference with his SPD colleague Justice Minister Heiko
Maas.
“Prosecution of
satire because of ‘lèse majesté’ does not fit with a modern
democracy,” said SPD parliamentary leader Thomas Oppermann on
Twitter.
If found guilty, Jan
Böhmermann could face a three-year jail sentence or, more likely, a
fine. Broadcaster ZDF said it will stand by Böhmermann, who has been
under police protection. Foreign media, including the Washington
Post, have urged Merkel to stand up for freedom of expression against
Turkish leader whom the Post said had “all but crushed domestic
criticism of his regime” by muzzling journalists and aggressively
pursuing slander cases.
Merkel said Germany
and Turkey had “close and friendly ties,” as well as being
economic partners and allies in NATO, but emphasized that Berlin was
“greatly worried by the situation of the media in Turkey and the
fate of individual journalists, as well as limits to the right to
protest.”
Freedom of
expression and artistic freedom are “elementary for pluralism and
democracy,” as is the independence of the courts — which in
Germany’s case means it is up to the judiciary to weight the merits
of the case against Böhmermann, she said.
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