Sarrazin debate were assessed to be held by 55% of the population and social scientists
who publicly criticized Mr. Sarrazin received death threats and hundreds of hate e-mails.
The petitioner disagrees with the State party and notes that Mr. Sarrazin’s statements in
the interview led to public vilification and debasement of “Turks”, “Arabs” and Muslims and
it became socially acceptable to have these types of opinions.
5.2With regard to the admissibility, the petitioner recalls the Committee’s jurisprudence
and notes that it represents the Turkish community and as a consequence of Mr. Sarrazin’s
statements, all “Turks” have been vilified through insulting and racist statements. The
petitioner therefore notes that all members of the ethnic group “Turks” are victims or
potential victims in the sense of article 14 of the Convention. It notes that the increase in
racial hatred in society has a direct consequence on the mandate of the petitioner whose
work is to promote a climate of mutual respect and of freedom from discrimination.
Furthermore, it is not necessary to have been subjected to a physical attack to become a
victim under the Convention. Referring to the Committee’s jurisprudence, the petitioner
submits that, in accordance with its by-laws it supports its members against discrimination
in and outside court and that the by-laws of the association can be interpreted to the effect
that the petitioner should take any necessary action on behalf of its members to fight
against discrimination and support them when they are victims of discrimination. Its two
members, who are listed by name, decided not to continue proceedings out of fear of verbal
attacks, abuses or threats in public, as even well-known persons and academics were
victims of such abuses.
5.3.With regard to the merits, the petitioner recalls that Mr. Sarrazin, as a former finance
senator of Berlin and thereafter Board member of the German Central Bank, should be
considered as a State party official. Even if he did not make the statements in his official
capacity, the State party should be obliged to prohibit such statements. As a consequence of
the publication of his book, Mr. Sarrazin voluntarily resigned from the Board of the German
Central Bank, however only after receiving an increase in his pension. The petitioner
reiterates that it considers articles 2, 4 and 6 to have been violated, as the authorities
narrowly interpreted the domestic legislation, contrary to other cases concerning similar
statements made by right-wing extremists against Jews. This amounts to unequal
treatment. It also notes the statement of the right-wing extremist National Democratic
Party (NPD), which stated that after the dismissal of the investigative process against Mr.
Sarrazin, it will be difficult to sentence members of the NPD on grounds of incitement to
ethnic hatred. Lastly, no other domestic remedies were available to the petitioner.
Further observations by the State party on admissibility and merits
6.1On 1 June 2011, the State party submitted further observations on admissibility and
merits and compares the present communication with communication No. 38/2006. The
State party reiterates that the petitioner does not become a victim pursuant to article 14,
paragraph 1, because of its nature or activities. It notes that there are important differences
between the petitioner and the petitioner in communication No. 38/2006, as the Central
Council of German Sinti and Roma is the biggest and most important organization
representing Sinti and Roma in Germany and there are regional groups all over the country.