considerably affected the climate in Germany, this included that persons who publicly
criticized Mr. Sarrazin received hate mails and death threats and were ridiculed on internet
blogs. GIHR also refers to an open letter to the President of prominent German Muslims, in
which they expressed their concern at the current atmosphere and note that in their daily
lives, they are confronted with hostility.
8.2GIHR observes that freedom of expression is a pivotal human right and that high
thresholds must be put on restrictions of freedom of expression. It observes that one of the
main functions of freedom of expression stems from the need to protect the criticism of
power. However, this does not require that it be interpreted in a way which would protect
racist statements against minorities. It notes that article 4 (a) of the Convention stipulates
that the dissemination of racist ideas be made a punishable offence, which is implemented
in article 130 (1) (2) of the German Criminal Code (GCC). GIHR notes the domestic case law,
according to which the Federal Constitutional Court stressed repeatedly that when
determining the application of article 130 of the GCC, the right to freedom of expression
must be weighed on a case-by-case basis against the legally protected interest that is
affected by the expression of the respective opinion of the other. However, the Court has
also established that in the case of an assault on human dignity, freedom of expression
must yield to human dignity. The notion of human dignity prohibits making a person the
mere object of the State or subjecting the person to treatment which fundamentally calls
into question his/her quality as a human being. Assaults on human dignity include, for
instance, degradation, stigmatization or social exclusion and other forms of conduct that
deny the affected person’s right to respect as a human being.
8.3GIHR notes that Mr. Sarrazin’s statements in the relevant parts of the interview meet all
the criteria of racist ideas and an assault on human dignity. Racist ideas are characterized
by their calling into question the individuality of human beings and thus also their human
dignity. It notes that on the basis of their content, linguistic style and terminology, Mr.
Sarrazin’s statements display parallels to the racial biology literature of the 19th and early
20th century. Mr. Sarrazin separates the population into “us” and “them”, in which he
includes “Turks” and “Arabs”, to whom he attributes negative characteristics and conduct.
He misuses the term “Turkish” and applies it as a synonym for an established expression
with a negative meaning (“with respect to the core group of Yugoslavs, you can see
“Turkish” problems”). Mr. Sarrazin’s statements ridicule and degrade people (“no
productive function except for the vegetable trade”) and simultaneously, in a belligerent
tone, they fan fear (“the Turks are conquering Germany in the same way as the Kosovars
conquered the Kosovo: by way of higher birth rates”). He refers to them as if they were
mass-produced goods (“permanently brides are supplied, “Arabs” and “Turks” constantly
produce little headscarf girls”). GIHR notes that this rhetoric denies the affected persons,
including children, the right to respect as human beings.
8.4GIHR notes that the identity of the person who made the statements and the type of
magazine in which it is published are irrelevant for considerations under article 130 of the
GCC. Furthermore, according to the Committee’s jurisprudence, the context of a political
debate is irrelevant to the racist nature of specific statements. GIHR observes that the
Public Prosecutor’s Office’s considerations situating Mr. Sarrazin’s statements in the