12.5The Committee recalls that it is not its role to review the interpretation of facts and
national law made by domestic authorities, unless the decisions were manifestly arbitrary
or otherwise amounted to a denial of justice. Nevertheless, the Committee has to examine
whether the statements made by Mr. Sarrazin fall within any of the categories of impugned
speech set out in article 4, of the Convention, and if so, whether those statements are
protected by the “due regard” provision as it relates to freedom of speech, as well as to
whether the decision not to prosecute Mr. Sarrazin was manifestly arbitrary or amounted
to a denial of justice.
12.6The Committee has taken note of the content of Mr. Sarrazin’s statements regarding
the Turkish population of Berlin and in particular notes that he states that a large
proportion of the Turkish population does not have any productive function except for the
fruit and vegetable trade, that they are neither able nor willing to integrate into German
society and encourage a collective mentality that is aggressive and ancestral. Mr. Sarrazin
uses attributes such as productivity, intelligence and integration to characterize the
Turkish population and other immigrant groups. While he uses these attributes in a
positive manner for some immigrant groups, for example the East European Jews, he uses
them in a negative sense for the Turkish population. He states that the Turks are
conquering Germany just as the Kosovars conquered Kosovo: through a higher birth rate,
and that he would not mind if they were East European Jews with an IQ about 15 per cent
higher than that of the Germans. Mr. Sarrazin states that he does not have to accept
anybody who lives off the State and rejects that very State, who makes no effort to
reasonably educate their children and constantly produces new little headscarf girls, and
claims that this is true for 70 per cent of the Turkish population in Berlin. Mr. Sarrazin also
creates an adjective to express his ideas concerning the inferiority of the Turkish
population and states that in other segments of the population, including Germans “one can
see a “Turkish” problem”. He also states that he would generally prohibit influx of migrants,
except for highly qualified individuals and stop providing social welfare for immigrants.
The Committee considers that the above statements contain ideas of racial superiority,
denying respect as human beings and depicting generalized negative characteristics of the
Turkish population, as well as incitement to racial discrimination in order to deny them
access to social welfare and speaking about a general prohibition of immigration influx
except for highly qualified individuals, within the meaning of article 4 of the Convention.
12.7Having described Mr. Sarrazin’s statements as impugned speech under article 4 of the
Convention, the Committee needs to examine whether the State party properly assessed
these statements as being protected by the “due regard” provision relating to freedom of
speech. The Committee recalls its jurisprudence and reiterates that the exercise of the right
to freedom of expression carries special duties and responsibilities, in particular the
obligation not to disseminate racist ideas. It also observes that article 4 of the Convention
codifies the State party’s responsibility to protect the population against incitement to
racial hatred but also acts of racial discrimination by dissemination of ideas based upon
racial superiority or hatred.
12.8While acknowledging the importance of freedom of expression, the Committee
considers that Mr. Sarrazin’s statements amounted to dissemination of ideas based upon