Germany convicts pro-Palestine activist for 'From River to Sea' chant
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While Ava Moayeri and her team argue that the conviction represents a violation of free speech, the judge claims it challenged "Israel's" right to exist.
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Women hold Palestinian flags during a demonstration against "Israel's" military offensive in Gaza, Tuesday, July 22, 2014, in Berlin, Germany. (AP)
A Berlin court has convicted pro-Palestine activist Ava Moayeri, a 22-year-old German-Iranian national, for the "crime" of leading the chant "From the river to the sea, Palestine will be free," back in October.
The presiding judge, Birgit Balzer, ordered Moayeri to pay a 600 euro fine. While the 22-year-old's defense team argued that the conviction was a violation of free speech, the judge rejected Ava's argument, exhibited by chants of expression against injustice in Gaza and for peace in the Middle East.
Balzer argued that precedents documented in different courts that describe the slogan as "ambiguous" were incomprehensible, considering the chant a declaration against the "right of the State of Israel to exist".
Moayeri's case was the first examination of a politically charged expression by German authorities, with many to follow following the Palestinian Resistance's operation on October 7 and the Israeli genocide that rapidly unfolded after. The trials stand to expose Germany's tight restrictions on pro-Palestine protests.
In this context, Balzer said the chant was particularly problematic and controversial in Germany, which considers support for the Israeli occupation a matter of "Staatsräson", or reason of state, as the nation bears responsibility and guilt for the Holocaust.
She further added that it was Germany's responsibility to ensure the safety of Jews in the country.
The trial
Around 100 protesters chanted “Free, free Palestine” outside the courthouse during the verdict for Moayeri. 20 individuals were allowed in, and many of those who showed up were wearing Palestinian Koufiyyehs in a show of solidarity. After the judge closed the trial, two members of the public shouted against repression.
Moayeri, an activist with no prior criminal record, received a sentence less than the €900 fine sought by prosecutors, who are considering an appeal. Her lawyer, Alexander Gorski, called the verdict a win for "state oppression" and stated plans to challenge it.
The activist co-organized an October 11 protest in Berlin’s Neukölln district, allegedly to condemn school violence after a teacher smacked a pro-Palestinian student protesting. Police claimed the protest featured Palestinian flags and Kouffiyehs, disputing her testimony.
Moayeri’s legal team defended the slogan as part of the Palestine solidarity movement and denied any antisemitism.
Read more: How Austria criminalises 'From the River to the Sea' and 'Intifada'
Germany a 'police state' for Palestine activism
German courts are still examining the interpretation of the slogan, but keep alternating between more and less severe connotations.
However, previous testimonies showed the German government taking extreme steps to crack down on pro-Palestine sentiment, including detaining activists in their homes in the middle of the night.
Back in April, according to Hebh Jamal from ScheerPost, pro-Palestinian activists Said and Yasemin had German police burst into their homes in the middle of the night, searching their belongings and seizing their electronic devices.
German police detained a middle-aged woman early this month after she posted "From the river to the sea Palestine will be free" on social media.
Jamal believes that Germany is becoming an extension of the Israeli occupation, utilizing similar propaganda and psychological warfare methods to prevent solidarity with Palestinians.
