PRESS RELEASE: No decision on the anti-BDS resolution of the German Bundestag. Berlin-Brandenburg Higher Administrative Court declares itself without jurisdiction over BT3P's lawsuit.
At the Higher Administrative Court (OVG) of Berlin-Brandenburg, on June 16, 2023, the second-instance hearing took place on the lawsuit filed by the Palestinian-Jewish-German initiative Bundestag 3 für Palästina (BT3P) against the anti-BDS resolution of the German Bundestag of May 17, 2019. The legal goal of BT3P is to achieve the illegality of the anti-BDS resolution. The OVG dismissed the appeal because it declared itself without jurisdiction. The court allowed an appeal to the Federal Administrative Court in Leipzig because the case raises fundamental legal issues.
BT3P used the bans on their appearances and many other incidents to show that the Bundestag resolution is being used to defame and ban BDS and pro-Palestinian voices as anti-Semitic. Just a month ago, on May 4, 2023, the Administrative Court of Frankfurt am Main ruled that the defamation of the Jewish plaintiff Judith Bernstein as an anti-Semite because of her support for BDS was illegal.
The BT3P announced after the trial that they will continue the fight for their freedom of expression for human rights work for Palestine, if necessary up to the European Court of Human Rights.
About 50 sympathizers gathered in front of the Higher Administrative Court for a rally to demonstrate for the human rights of Palestinians and against the anti-BDS resolution of the Bundestag. The speakers emphasized that they stand for a just peace and an end to the Israeli occupation and apartheid. The Bundestag resolution has massively restricted their human rights work and freedom of expression in Germany since 2019.
BT3P plaintiffs Amir Ali, Judith Bernstein (represented by Sharon Blumenthal) and Christoph Glanz: "The defamation of pro-Palestinian human rights work in Germany as anti-Semitic continues. Although the court has not reached a verdict on the actual merits of the BDS resolution, it is appalling that our fundamental rights can still be massively restricted three years after the lawsuit was filed. In passing the resolution, the Bundestag never intended to combat anti-Semitism, but only to foment anti-Palestinian racism and make pro-Palestinian voices disappear from public life in Germany. Even though we lost today, we will continue to fight, if necessary all the way to the European Court of Human Rights. Our friends in France lost an important BDS-related case in all French instances - and then won against the Republic of France in the European Court of Human Rights in Strasbourg. This makes us very optimistic that we will ultimately reach justice. We will not be silent and will continuously speak about Israel's crimes against humanity against the Palestinian people for 75 years. Palestine will be liberated and Israel's apartheid, occupation and colonization will fall."
Attorney Ahmed Abed: "The ruling of the Higher Administrative Court shows that there is a gap in the legal system. The Palestinian-Jewish-German group BT3P is being subjected to space bans, funding bans, assembly bans, and additionally defamation as Nazi-like anti-Semitism in Germany because of the Bundestag decision. The Bundestag has violated the fundamental right of freedom of expression by calling for unlawful action against Palestinian human rights work.”
Press requests: press@bt3p.org