to live according to their own rules. Furthermore, they encourage a collective mentality that is aggressive and ancestral […]. […] The Turks are conquering Germany just like the Kosovars conquered Kosovo: through a higher birth rate. I wouldn’t mind if they were East European Jews with about a 15% higher IQ than the one of Germans. […] If the Turks would integrate themselves so that they would have comparable success in the school system like other groups, the topic would become moot. […] However, it does not happen like that. Berliners always say that they have a particularly high number of foreigners. This is wrong. The percentage of foreigners in Munich, Stuttgart, Cologne or Hamburg is much higher, but the foreigners there have a smaller percentage of Turks and Arabs and they are of more diverse origin. […] We have to completely restructure family policies: do away with payments, above all to the lower class. I remember a report in the newspaper “Die Zeit” that stated that every Monday morning, the city cleaning services clean 20 tons of leftover lamb from Turkish grill parties in the Tiergarten - this is not a satire. The Neukölln Mayor Buschkowsky spoke about an Arab woman who was having her sixth child to be able to get a bigger apartment through the social welfare law (Hartz IV). We have to say farewell to these structures. One has to assume that human ability is to some extent socially contingent and to some extent hereditary. The road we are following leads to a continuous decrease in the number of intelligent high performers due to demographic reasons. One can’t build a sustainable society that way... […] If 1.3 million Chinese are just as intelligent as Germans, but more industrious and in the foreseeable future better educated while we Germans take on ever more of a Turkish mentality, we’ll have a bigger problem […]” 2.2On 23 October 2009, the petitioner, “as the interest group of the Turkish citizens and citizens with Turkish heritage of Berlin and Brandenburg” filed a complaint of criminal offence against Mr. Sarrazin to the Office of Public Prosecution. It claimed, inter alia, that Mr. Sarrazin’s statements constituted incitement of the people (Volksverhetzung), pursuant to article 130 of the Criminal Code, in particular because “Turks and Arabs were presented as inferior and denied a right to existence in our society”. 2.3Mr. Sarrazin’s statements were reviewed with respect to article 130 (incitement to hatred) and article 185 (insult) of the German Criminal Code. On 16 November 2009, the Office of Public Prosecution established that there was no criminal liability for Mr. Sarrazin’s statements and terminated the proceedings on the basis of article 170 (2) of the German Code of Criminal Procedure. The Office of Public Prosecution based its decision on article 5 of the Basic Law (freedom of expression) and concluded that incitement to hatred against a segment of the population vs an individual, was not recognized and that Mr. Sarrazin’s statements are considered as a “contribution to the intellectual debate in a question that [was] very significant for the public […].”

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