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

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