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Germany allows potential prosecution of comic for insulting Turkey’s Erdogan

Apr 15, 2016 3:48 pm By Robert Spencer

“An earlier remark by Mrs Merkel that the poem was ‘deliberately offensive’ had led to accusations in Germany that she was not standing up for free speech.” No kidding, really? “The chancellor added that her government would move to repeal the controversial and little-used Article 103 of the penal code, which concerns insults against foreign heads of state, by 2018.” Very well. But she doesn’t have to use it now — unless, of course, Germany’s new overlords are insisting.

jan-boehmermann

Twilight of the freedom of speech in Germany: “Germany Turkey: Merkel allows inquiry into comic’s Erdogan insult,” BBC, April 15, 2016:

Germany will allow the potential prosecution of a top comedian after the Turkish president filed a complaint.

Jan Boehmermann had recited a satirical poem on television which made sexual references to Recep Tayyip Erdogan.

Under German law, Chancellor Angela Merkel’s government had to approve a criminal inquiry.

Mrs Merkel stressed that the courts would have the final word, and it was now up to prosecutors to decide whether to press charges.

The chancellor added that her government would move to repeal the controversial and little-used Article 103 of the penal code, which concerns insults against foreign heads of state, by 2018.

Boehmermann is a satirist and television presenter well-known for pushing the boundaries of German humour. He was given police protection earlier this week.

Some experts say he has a strong defence against potential charges, because his poem could be seen as part of a wider piece of satire about free speech, rather than a deliberate insult, the BBC’s Damien McGuinness reports from Berlin.

An earlier remark by Mrs Merkel that the poem was “deliberately offensive” had led to accusations in Germany that she was not standing up for free speech.

The poem was broadcast on ZDF television two weeks ago. The public TV channel has decided not to broadcast Boehmermann’s weekly satire programme this week because of the furore surrounding him.

Paragraph 103 of Germany’s penal code, on defamation of organs and representatives of foreign states, has the following to say:

(1) Whosoever insults a foreign head of state, or, with respect to his position, a member of a foreign government who is in Germany in his official capacity, or a head of a foreign diplomatic mission who is accredited in the Federal territory shall be liable to imprisonment not exceeding three years or a fine, in case of a slanderous insult to imprisonment from three months to five years.

The article dates back to the penal code drafted when the German Empire was formed in 1871, although at that time it just applied to monarchs.

It has been little used in recent years and is colloquially known as the “Shah law” among German lawyers after the Shah of Persia successfully brought a case against a Cologne newspaper in 1964….

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Filed Under: Featured, free speech, Germany, Turkey Tagged With: Jan Boehmermann


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Comments

  1. Domino says

    Apr 15, 2016 at 4:03 pm

    Angela Merkel should be sent in a nursing home with a dredel, I believe she is
    mentally unfit to continue her post and potentially very dangerous and catastrophic
    for Europe as her ignorance is appalling.

    • Custos Custodum says

      Apr 15, 2016 at 9:14 pm

      [Angela Merkel] is mentally unfit to continue her post … her ignorance is appalling.

      On the contrary, Agent 013 is doing excellent and intelligent work for her bosses.

    • Simon says

      Apr 16, 2016 at 2:50 am

      potentially?

    • Aterg says

      Apr 16, 2016 at 2:58 pm

      You are so right. Do not forget where she comes from and where she was educated. Free speech and expression is democracy ! She destroying democracy a long planned plan of hers. BGermany wake up, it may or may not be to late.

  2. Alistair cromley says

    Apr 15, 2016 at 4:31 pm

    Erdogan must have some serious blackmail material on Merkel. Not only is he flooding Germany with Syrian refugees Turkey is seriously being considered for full EU membership.

    Also, shockingly enough the largest far right nationalist group in Germany, 10 000+ isn’t the German neo nazis but the Turkish Grey Wolves, who are behind active terrorist operations within Europe, the Caucuses, Thailand and the middle east. This organisation is not even listed as a terror organisation, why not??

    Erdogan holds the keys to ending the Syrian war, the destruction of the grey wolves and halting the flood of refugees.

    But, this is his blackmail to gain EU membership. He will unleash hell in Europe if he doesn’t get his way.

    • Simon says

      Apr 16, 2016 at 3:02 am

      He already has. When he gets EU membership it will be a lot worse.

  3. Jack Holan says

    Apr 15, 2016 at 4:38 pm

    We must forgive Frau Merkel’s imperfect understanding of Democracy and Freedom of Speech. She ALLEGEDLY grew up in East Germany. She ALLEGEDLY became a member of the STASI the Secret Police in East Germany. Somehow she made the right University connections while attending college and had a meteoric rise within her Party on the coat-tails of Helmut Schmidt. The rest was history and she never had serious public discontent about a Theocratic Islamist pushing for an Iran style Government when the time is right and he even enjoys the Jack in the Box in the US called Prez for Support as bombs away Kurds oh they were IS. Years as a NATO country he wouldn’t let the US use their bases as a fellow NATO Country. Frau Merkel use Paragraph 103 and you will confirm for the World you are a German Fascist, just missing the military uniform but I don’t want to give any ideas. My German friends who have had tons of patience for months the terms used here only apply to her and her cronies.

    • Alistair cromley says

      Apr 15, 2016 at 5:07 pm

      It’s amazing and horrifying how many Western politicians were actually Communist. The UK Labour parties last government was half full of ex Communists, Trotskyists and far left of left socialists.

      Did the west really win the ideological side of the Cold War? I think not. The Communists won the hearts and minds of the west’s intellectuals. We won the economic and military war but look at our brave new world now. It’s a mess.

      General Patton was right. We should never have stopped at Berlin.

      • Jack Holan says

        Apr 15, 2016 at 8:12 pm

        If the Leaders from the Mid-Twentieth Century heard the empty words on the one hand and the draconian orders on the other along with the weak, ineffectual actions just to go throughout the motions: the Leaders of that time would first throw-up and then drop dead from a heart attack.

      • Oliver says

        Apr 15, 2016 at 9:13 pm

        Read-Mr. Obermayer’s book–” SOLDIERING FOR FREEDOM”–Univ. Of Texas Press–see WHAT THE HISTORY BOOKS DON’T SAY–HOW AFTER D-DAY, THE FROGS SABOTAGED THE FUEL PIPELINES –WHICH STALLED GENERAL PATTON.

        Mr. Obermayer was a soldier, and worked on the pipeline. (He was also from a very privileged background, with many connections, and after WW2- was a journalist).

        Excellent book.

      • Simon says

        Apr 16, 2016 at 3:04 am

        The irony is that the ex-communist bloc countries are now standing up for freedom and democracy.

        • Oliver says

          Apr 16, 2016 at 1:29 pm

          Simon- your comment is similair to something that I read the other day, on (I think-JTA-Jewish telegraphic Agency)-seems the San Francisco Bay Area has a large concentration of Jews form the former Soviet Union. A survey was done, and they found TREMENDOUS DESPISING OF SANDERS- FOR HSI SOCIALISM/COMMUNISTIC leanings. Miostly leaning towards Mr. Trump and (lesser extent) Sen. Cruz-ignoring Clinton, also, due to ehr leftist beleifis.

          They who lived under “socialism” and communism AND HATE IT.

    • Dom107 says

      Apr 15, 2016 at 5:17 pm

      What I would like to know is why the CIA were bugging her phone a few years ago.Is there something about this women we havent been told about.Also why is she acting like the President of all Europe and making decisions and cutting deals which will affect all of us.
      Hopefully the UK voters will Vote to LEAVE the EU on 23June despite the heavy propaganda from the Government and large but not small business.
      Cameron wants Turkey the undemocratic blackmailers of Europe with its 70million radicalising Muslims(Sunni like ISIS) to have full membership of the EU.Has the West gone stupid and bonkers?????

      • mortimer says

        Apr 15, 2016 at 5:19 pm

        Merkel is bonkers and a leading German psychiatrist has all but said that.

        She’s an out-of-control narcissist.

      • Oliver says

        Apr 15, 2016 at 9:15 pm

        Dom- I think that the answer to your last question is ;YES.

        Note the Democratic Communist party here in the US-a socialist versus a communist -in the primaries- and they-in my view- are interchangeable.

      • Custos Custodum says

        Apr 15, 2016 at 9:29 pm

        What I would like to know is why the CIA were bugging her phone a few years ago.

        Maybe I can enlighten you – the CIA bugged her phone etc. because that is what an intelligence agency does.

        What is rather more puzzling and highly unusual is the fact that the German government announced the fact that Merkel’s “phone” had been penetrated. This public statement may imply rather more far-reaching and long-term monitoring of all forms of communications around Merkel.

        Perhaps somebody was trying to buy a little CYA against the day when a massive CIA blackmail/influence operation against Merkel and her entourage becomes public knowledge. “Operation Hijra” anybody?

        BTW, Wikileaks suggests that many U.S. diplomatic and intelligence personnel in Germany are highly competent as one should expect given the Cold War history in that country.

        By contrast, professional and linguistic standards seem to be much more uneven, generally speaking, in diplomatic missions and intelligence stations in Arab countries, China, Russia, Central Asia, Japan, etc.

      • Domino says

        Apr 17, 2016 at 12:06 am

        Cameron and Merkel have lost total contact with reality, their ego is in the way, hopefully UK will get out of EU and so should follow all other countries.
        What was suppose to be an economical arrangement became a political disaster. Each country should get their independent yes or no saying in their own country and not be commandeered by two dingbats. Both should go in an asylum for mentally retarded, with great supervision for unpredictable behavior. You can communicate to someone intelligent but
        not to someone stupid.

    • arghdeutschland says

      Apr 16, 2016 at 5:23 am

      Leave Helmut Schmidt who wasn`t perfect but overall a respektabel Politician out of this, Merkels Mentor was Bundeskanzler Helmut Kohl.
      For the Rest, more sensitive and realistic German Citizens consider themeselves doomed and overall f…ed.
      Germany is becoming fubar.
      Again…
      Maybe the Canadians will take us in?

  4. mortimer says

    Apr 15, 2016 at 5:17 pm

    Paragraph 103 of Germany’s penal code stinks. It’s from the time of undemocratic autocracy and Germans should send a message to Merkel that HER PERSONAL AUTOCRATIC STYLE has to go.

    Boot out undemocratic Merkel and boot out this autocratic, obsolete law. There can be no excuse for putting a comic in jail in the 21st century.

    • Dom107 says

      Apr 15, 2016 at 6:38 pm

      The Germans are reputed to not have a sense of humour but this is going a little too far!!!.I once cracked a joke to a German .His face turned crooked and grey with rage and he ran across the lab and grabbed me by my lapels screaming abuse totally out of control .That night the famous sketch with John Cleese in Faulty Towers was on for the first time taking the Mick out of a party of Germans at the hotel.Needless to say I was convulsed with laughter after the mad event in the lab that day.
      After 4 World wrecking events over the last hundred years perhaps we should break this country into smaller units as their arrogance, narcissism and lack of a sense of humour is too dangerous for the World when they are in a position to exercise power.Margaret Thatcher actually opposed German re-unification for this very reason.

      • Jay Boo says

        Apr 16, 2016 at 1:45 am

        Okaaaaay
        German bashing with suspicious ( hearsay ) stereotypes

        But,
        What about Turkey’s Erdogan and those nasty Muslim Turks?

      • Alistair cromley says

        Apr 16, 2016 at 11:09 am

        The past world powers tried to break up Germany….it ended in 2 world wars.

      • arghdeutschland says

        Apr 17, 2016 at 6:44 am

        Jaja, we are humorless Naziscum that deserves to be wiped from this beautiful Globe.
        Humtara ..ramtata

        Shut the fuck up and watch some more overrrated british humor.
        Bye the way 30% of Britiain has German DNA
        Hehe.

  5. Angemon says

    Apr 15, 2016 at 5:38 pm

    Twilight of the freedom of speech in Germany: “Germany Turkey: Merkel allows inquiry into comic’s Erdogan insult,” BBC,

    The BBC complaining about lack of freedom of speech? I’m speechless!

  6. Michael Copeland says

    Apr 15, 2016 at 5:53 pm

    Paragraph 103 specifies “Whosoever insults a foreign head of state …who is in Germany in his official capacity”.
    Erdogan was not in Germany in his official capacity at the time of the broadcast. Where has the criminal code been breached?

    • Alistair cromley says

      Apr 16, 2016 at 11:16 am

      Interesting. The hatred against Trump in Germany and not a single prosecution.

  7. mortimer says

    Apr 15, 2016 at 5:54 pm

    Two Turkish journalists face life in prison over a story alleging that the Turkish government was arming Islamist militants in Syria. Erdem Gül and Can Dündar were charged with revealing state secrets for report alleging Erdoğan government tried to ship arms to Islamists in Syria.

    Cumhuriyet newspaper’s editor-in-chief Can Dundar and its Ankara representative Erdem Gul have been charged with espionage.

    Prosecutors accused them of working with a US-based cleric to discredit the government.

    The harsh punishment being sought has intensified press freedom concerns.

    EU Enlargement Commissioner Johannes Hahn said he was “shocked” at the severity of the sentence sought by prosecutors.

    Human Rights Watch said the two “were doing their job as journalists and no more than that”.

    In its report last May, Cumhuriyet published video of police finding weapons in trucks that it said were linked to Turkish intelligence.

    The Turkish authorities insisted the trucks, which had been intercepted near the Syrian border, were in fact bringing aid to Syria’s Turkmen minority.

    But the report caused uproar and prompted President Reccep Tayyip Erdogan to file a lawsuit against the journalists.

    Mr Erdogan said the video footage was a state secret and vowed on TV that the journalists “would pay a heavy price”.

    The pair were detained in November and told the BBC they were kept in solitary confinement for 40 days before being allowed to share a cell.

    SHAME!

    • Westman says

      Apr 16, 2016 at 12:27 am

      The man who would be the New Caliph extorts Mother Merkel. Both the EU and the US should forget about bringing Turkey into NATO and avoid the sleight of hand, back door agreement, currently in play, to fight for Turkey even if it’s not in NATO.

      It is obvious that Erdogan is quite willing to provoke a war with the Russians and let NATO fight it. The downing of a Russian jet was no accident; calculated to put the Russians in hair-trigger mode and now waiting to strike on the next provocation. As soon as he has Western military protection, he will have the power to cause the West to be damaged beyond repair and become an Islamic hero.

      • Alistair cromley says

        Apr 16, 2016 at 11:18 am

        Turkey is already one of the largest military forces in NATO. They counteract Russian hegemony in that area.

  8. Mischief Maker in the Land says

    Apr 15, 2016 at 5:56 pm

    Dog-organ needs to be mocked.

  9. Paul says

    Apr 15, 2016 at 6:47 pm

    What a massive shock. Not.

  10. Dude says

    Apr 15, 2016 at 8:09 pm

    “He was given police protection earlier this week.”

    Hmmm, they don’t say why he needs police protection. Wouldn’t want to give the impression that there are muslims who would kill him over this.

    • Alistair cromley says

      Apr 16, 2016 at 11:20 am

      I think they forgot the quotes. “Police protection”. He was already held under “police protection” to make sure he didn’t flee the country to avoid prosecution. Given the chance, he really needs to get out of Germany and seek political asylum in Russia.

      • Dude says

        Apr 16, 2016 at 2:20 pm

        You’ve got to be kidding. Holy crap. This is simply outrageous!!

  11. Jack Holan says

    Apr 15, 2016 at 8:17 pm

    Germans don’t ask about the 1.5 mm Armenians at the hands of the Turks (Ottoman Army) in 1915 or History Professors exclude that ‘contested’ history. While you’re at it be sure to mention that Muslims were the 1st to discover America since Erdogan said so and you don’t want to embarrass him by disputing his claim.

  12. Donovan Nuera says

    Apr 15, 2016 at 10:05 pm

    Je suis Jan Boehmermann!

    or rather…

    Ich bin ein Jan Boehmermann!!

    • Jay Boo says

      Apr 16, 2016 at 1:49 am

      Good last name too!

      Boehmer mann

    • Mockingjay says

      Apr 16, 2016 at 1:35 pm

      “Je suis” translates as
      “Ich bin” Jan Boehmermann.

      and not “ich bin EIN …Berliner”

      …!

  13. Donovan Nuera says

    Apr 15, 2016 at 10:06 pm

    Can we start referring to Turks as “Jive Turkey Muthaf.—-ers!?

  14. More Ham Ed says

    Apr 16, 2016 at 1:04 am

    Time for another cartoon contest. Drawings of people eating ham sandwiches, bacon & eggs, sausage, and smoked ham. With the same as a free catered lunch. More ham.

  15. Baucent says

    Apr 16, 2016 at 3:04 am

    Germany is joining Britain in becoming a repressive state where freedom of speech is under threat. The elites know that the rise of public disquiet over growing muslim populations may lead to political revolution unless it’s nipped in the bud. So making fun of a political leader who just happens to be a muslim is out of bounds. If the comic had satirized the Pope would the German state have got involved?

    • Alistair cromley says

      Apr 16, 2016 at 11:21 am

      The US will be joining them once Hillary “i will emulate merkel” gets in power.

      Goodbye 1A and 2A.

  16. Paula says

    Apr 16, 2016 at 3:35 am

    Poem to President Recep Tayyip Erdogan of Turkey, on the occasion of Erdogan asking Angela Merkel to prosecute a German comedian who made fun of him in a poem

    You wretched type, Erdogan
    I don’t know how on earth you can
    Ask your German bitch Angela
    To prosecute that funny feller
    For who are you, you dismal twit?
    A man who thinks all women fit
    Only for breeding and for sex
    And covering up in massive sacks
    You think that ‘women are your tilth
    To enter as you will’* you filth-
    Who do you think you are, you twat?
    Come here and let me knock you flat
    And if you don’t find insults humorous?
    The ones who do are far more numerous.

    (* Qu’ran 2.223)

  17. dragaozao says

    Apr 16, 2016 at 5:55 am

    Twilight of freedom or… twilight of Merkel.

  18. dumbledoresarmy says

    Apr 16, 2016 at 7:38 am

    The next PEGIDA marches across Europe – not only in Germany but elsewhere – should begin by a public reading-aloud of the offending poem, whether in the original German, or in translation (English, French, Dutch, etc).

    Furthermore:

    There are politicians in Germany who have stood up to condemn the suppression of free speech.

    Here’s one (mentioned further down in the posted article): “Thomas Oppermann, head of the Social Democrat (SPD) group in the German parliament, tweeted: “Prosecution of satire due to ‘lese majesty’ does not fit with modern democracy.”

    Yep.

    So: Thomas Oppermann must *read the offending poem aloud in Parliament*.

    There were two others. Mr Oppermann should invite them to join him in reciting the poem.

    ‘Anton Hofreiter, from the opposition Greens, said Ms Merkel must now “live with the accusation that the deal with Turkey is more important to her than defending freedom of the press”.

    Sahra Wagenknecht of the far-left Linke accused Ms Merkel of kowtowing to the “Turkish despot”.”

    Imagine if the Alternativ fur Deutschland politicians *also* publicly read the poem.

    And here’s something *else* the protesters could recite aloud, in Parliament, and on the street, and on youtube video clips.

    It’s the ‘freedom of speech’ monologue from Beaumarchais’ play ‘The Barber of Seville’. (Not the Mozart opera inspired by it, but from the original play).

    http://www.freedomisknowledge.com/marriageoffigaro.html

    ‘Beaumarchais’ Marriage of Figaro, written at the close of the 18th century, included this freedom of speech monologue in Act V, Scene 3,

    “I cobble together a verse comedy about the customs of the harem, assuming that, as a Spanish writer, I can say what I like about Mohammed without drawing hostile fire.

    “Next thing, some envoy from God knows where turns up and complains that in my play I have offended the Ottoman empire, Persia, a large slice of the Indian peninsula, the whole of Egypt, and the kingdoms of Barca [Ethiopia], Tripoli, Tunisia, Algeria, and Morocco.

    ” And so my play sinks without trace, all to placate a bunch of Muslim princes, not one of whom, as far as I know, can read but who beat the living daylights out of us and say we are “Christian dogs.”

    “Since they can’t stop a man thinking, they take it out on his hide instead.”

    • Mockingjay says

      Apr 16, 2016 at 3:49 pm

      DA, just one remark to your comment: personally I am pretty annoyed by all the leftists in Germany (like the ones from the “Greens” and the “Linke”) who wanted as many muslim “refugees” as they could possibly get to come to Germany, and who are now berating Merkel for bowing to Erdogan.
      They didn’t want the German-Turkish deal because it is meant to limit migration to Europe. The leftists called it “inhumane”. But now all of a sudden they think no one should bow to muslim sensibilities. They are annoyingly inconsequent, and are just serving their own interests with their “indignation”.

  19. Richard Paulsen says

    Apr 16, 2016 at 9:32 am

    The worse since World War 2. The submissnon to islam. Might be even worse. Considering what happened to nonmuslims in islamic states after being conquered loosing their freedom to islam, their numbers now compared to the muslim population and that islam has lasted unconquered for some hundreds of years and most probably will not change despite everything and the nature of islam.

  20. warren raymond says

    Apr 16, 2016 at 10:34 am

    Article 103 clearly states that this law applies to foreign dignitaries while in Germany. It doesn’t apply to Erdogan who was in turkey while Merkels court jester poked fun at him. Merkel announced that she will abolish that law from 2018.

  21. James Foard says

    Apr 16, 2016 at 11:07 am

    That is not funny.

  22. EmHotep says

    Apr 16, 2016 at 11:14 am

    We have been reporting since long ago …Dictator Erdogan and his Partner Merkel has led to islamic terror in the heart of Europe .. Nobody cared …

    What we realised that western people enjoys this and we are putting ourselves in danger to explain islamic terror..

    From now on we will just watch until you will wake up.

    ?!?!!

    • Richard Paulsen says

      Apr 16, 2016 at 2:45 pm

      Never surrender.

  23. hallo says

    Apr 16, 2016 at 9:02 pm

    Germany for Germans – migrants take a swim

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