Speech ban ruled unlawful: Palestinian doctor wins in German court
Original article by Leon Wystrychowski republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.
A judge in a German court ruled that the ban on activity imposed on renowned Dr. Ghassan Abu-Sittah was unlawful.
The Palestine Congress in Berlin, which was organized in mid-April of last year, was violently shut down by the police on its first day, just minutes after it began. The pretext for this action, which was deemed unlawful by attorneys, was a live-stream of Palestinian historian Dr. Salman Abu Sitta.
His nephew, the doctor Ghassan Abu-Sittah, was banned from entering Germany on the morning of April 12, 2024. He had arrived on a flight from the UK, was detained and questioned for hours at Berlin airport, and then deported. He was also told that he was banned from practicing any political activities in Germany for the month of April, even from abroad. The organizers of the conference are taking legal action against the dissolution of the event, the trial of which is ongoing.
Witness to the genocide wins in Berlin
But Ghassan Abu-Sittah won a victory on Tuesday, July 15, at Berlin’s Administrative Court (Verwaltungsgericht). From the UK, the doctor had filed a lawsuit against the actions of the German authorities. The surgeon and rector of the University of Glasgow has worked as a doctor in a dozen war and crisis zones over the course of his life, including the Gaza Strip. Shortly after the genocide began in October 2023, he went there again as part of a “Doctors Without Borders” mission to provide aid at Al-Shifa Hospital. The hospital was repeatedly attacked and ultimately destroyed by the Israeli army in November 2023 and again in March/April 2024. Israeli forces massacred hundreds of doctors, patients, and refugees.
The court’s judge ruled that the ban on activity imposed on Abu-Sittah was unlawful. According to a spokeswoman for the court, there was no sufficient evidence that Abu-Sittah’s statements posed a threat to Germany’s constitutional order or public safety. In particular, the authorities were unable to produce any statements by the renowned doctor that referred positively to the Palestinian resistance’s “Al-Aqsa Flood” operation or even to possible war crimes committed by the Palestinian resistance. Even if such a danger had existed, a preventive ban on the doctor’s activities would have been disproportionate.
The spokesperson also pointed out that Abu-Sittah was heard as an eyewitness to the genocide in the International Criminal Court proceedings against Israeli government politicians, and was also announced as such at the Palestine Congress.
Racist repression
His lawyer, Alexander Gorki, explained on request: “The hearing showed that the ban on activities was unlawful from start to finish. What was to be sanctioned via the residency rights were opinions expressed by my client, who knew the situation on the ground in Gaza very well as a Palestinian and a doctor.” The court “put a stop to the abuse of immigration law”. However, the ruling will not prevent the immigration authorities from abusing their power in the future, warns the migration law expert. To counter this, “political pressure is needed”.
In fact, the repressive authorities in Germany have been using all kinds of tricks and legal means for years to bypass the courts and exert pressure on the Palestinian solidarity movement and Palestinians in Germany: from expulsions and deportations, to bans on organizing, employment bans and the cancellation of welfare benefits. Migrants and refugees with a precarious status are particularly affected. Just two weeks ago, on the orders of a court, Musaab Abu Atta, a Palestinian refugee and political activist, was released from four months of custody. The public prosecutor’s office is trying to lock him up again because of an alleged “flight risk”, even though he has a fiancée and a job in Berlin. At the same time, there are indications that they want to deport him to Syria.
Leon Wystrychowski is a former member of the Palästina Solidarität Duisburg (Palestine Solidarity Duisburg, PSDU).
Original article by Leon Wystrychowski republished from peoples dispatch under a Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.
