heritage of Berlin and Brandenburg, is a victim within the meaning of article 14, paragraph
1, of the Convention. Through the negative value judgments, its integrity as a union of
migrants with Turkish background, and its work are affected. There is a danger that the
petitioner itself and its members could become victims of criminal acts due to the climate
of negative value judgements and blanket statements expressed by Mr. Sarrazin. In this
context, the organization received two e-mails on 9 and 10 October 2009, expressing
support for Mr. Sarrazin’s statements and for the fact that statements about immigrants
and foreigners should be protected by freedom of expression. The larger right-wing
extremist parties, such as the German National Democratic Party (National Demokratische
Partei Deutschlands, NPD), German People’s Union (Deutsche Volksunion, DVU) and the
Republicans, have all sided with Mr. Sarrazin. The petitioner notes that even though Mr.
Sarrazin cannot be directly held responsible for the fact that the right-wing extremist
parties sided with him, his statements are on a level that abetted the goals of these parties.
The rights of its members, as well as of the association representing these individuals and
groups of individuals, have been violated by the decision of the Office of Public Prosecution
in Berlin, confirmed by the Prosecutor General, to terminate the proceedings against Mr.
Sarrazin due to the fact that his statements were not liable to criminal prosecution.
The complaint
3.1The petitioner claims to be a victim of a violation by Germany of article 2, paragraph
1(d), article 4, paragraph (a) and article 6 of the Convention on the Elimination of All Forms
of Racial Discrimination, as the State party failed to provide protection under its Criminal
Code against Mr. Sarrazin’s racially discriminatory and insulting statements directed
against the petitioner as a group of individuals of Turkish heritage and as the
representative of this group.
3.2The petitioner recalls the Committee’s concluding observations,in which it
recommended that the State party consider adopting a clear and comprehensive definition
of racial discrimination in its national legislation. The Committee also recommended that
the State party broaden its approach to combating racial discrimination with a view to
countering such discrimination in all its forms, including expressions of racist prejudices
and attitudes. It submits that the degrading and discriminatory statements made by Mr.
Sarrazin are connected to distinct features of the Turkish population. The Turkish
population was presented as a group of individuals who live at the expense of the State and
due to their ascribed negative characteristics and ways of behaviour, do not have the right
to be in Germany.
3.3The petitioner argues that since Mr. Sarrazin is the former Finance Senator of the Berlin
Senate and member of the Board of Directors of the German Central Bank, his authority
leads to the perception that his statements are based on proven facts and, therefore, “the
truth”. It adds that the effects of Mr. Sarrazin’s statements are to enhance prejudices of the
majority towards the Turkish population and individuals of Turkish heritage, including
their children. The petitioner submits that such racially discriminatory statements are not
covered by the right to freedom of expression because the group concerned has a right to
live without prejudices and general intolerance, and the freedom to exercise their rights