The Human Rights Commissioner of the Council of Europe, Michael O’Flaherty, has voiced serious concerns regarding the German government’s handling of pro-Gaza demonstrations, particularly in Berlin. In a letter to the German Interior Minister, Alexander Dobrindt, O’Flaherty highlighted significant infringements on the rights to freedom of expression and peaceful assembly. Since February 2025, Berlin authorities have enforced restrictions limiting the use of the Arabic language and cultural symbols during protests. Notably, events like the demonstration on May 15, 2025, were restricted to static gatherings, while participants reported experiencing invasive surveillance, both online and offline, alongside arbitrary police checks.
O’Flaherty expressed alarm at reports of excessive police violence against demonstrators, including minors, which resulted in injuries during various protests. He emphasized that police conduct must align with legal norms concerning non-discrimination, necessity, proportionality, and precaution when using force. The Human Rights Commissioner urged German officials to conduct thorough investigations into allegations of excessive police force, advocating that officers be held accountable for any findings of misconduct. O’Flaherty’s concerns grew particularly acute regarding the suppression of Nakba Day commemorations, which honor the 1948 displacement of Palestinians, reflecting a troubling escalation in state responses to dissent.
Moreover, O’Flaherty indicated that freedom of speech appears increasingly restricted within German universities and cultural institutions. He noted reports of foreign nationals facing deportation as a consequence of participating in pro-Gaza activities, raising further alarm about the implications of such actions on free expression. A prominent aspect of his letter underscored concerns that the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) might be misapplied by some German authorities, potentially equating all criticism of Israel with antisemitism. This interpretation casts a shadow over legitimate discourse and dissent on Israeli policies.
The tensions in Germany have surged since the onset of the Gaza conflict, manifesting in frequent clashes at pro-Palestinian rallies. During the Nakba protest in mid-May, demonstrators chanted slogans such as “From the river to the sea, Palestine will be free”—a phrase that is considered antisemitic under German law, which fueled further discord. The event culminated in several injuries as confrontations between protesters and police escalated. This dynamic illustrates a fraught intersection of free speech and state responses that has characterized recent public protests in Germany.
In addition to the tensions surrounding pro-Palestinian demonstrations, the actions taken by German authorities, including arresting five students at Humboldt University who were chanting anti-Israeli slogans, underscore a broader concern over the limits imposed on free expression. The police have intervened to suppress demonstrations that display prohibited symbols, including modified slogans associated with Hamas, further complicating the landscape of protest and dissent in Germany.
Overall, O’Flaherty’s letter represents a call to action for German authorities to reevaluate their approach to protests and public expression. His insistence on accountability for police conduct, coupled with the need to uphold freedoms of speech and assembly, highlights the critical balance that must be struck in a democratic society, especially in times of heightened political tension. As public dissent continues to rise regarding issues surrounding the Gaza conflict, the challenge for Germany’s leadership will be maintaining order while safeguarding fundamental human rights.
