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Pro-Palestinian activist convicted in Berlin court for ‘from the river to the sea’ chant

The court ruled that the phrase amounted to denial of Israel’s right to exist

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A pro-Palestine demonstration in Cologne (Photo: Getty Images)

A pro-Palestinian activist in Germany has been convicted of a crimianl offence for using the chant “From the river to the sea, Palestine will be free” at a rally in Berlin.

A Berlin court ruled on the case on Tuesday in what the activist’s supporters of the activist described as an important test case for free speech in the country.

The German-Iranian woman, 22-year-old Ava Moayeri, was ordered by presiding judge Birgit Balzer to pay a fine of 600 euros (£515).

According to the Guardian, the defendant had argued that she had used the phrase to call for “peace and justice” in the Middle East, but the judge said it was clear that it “denied the right of Israel to exist”. 

A spokesperson for the court, Lisa Jani, earlier told the Guardian this was the first case that has centred on use of the phrase but added that a guilty verdict would likely be followed by drawn-out legal appeals through higher tribunals.

Moayeri’s lawyers have argued the chant is a “central expression of the global Palestine solidarity movement”.

But Jewish groups believe it to as a call to destroy Israel and deny it and its Jewish citizens’ right to exist.

Alexander Gorski, who represented the defendant, said attempts to portray the phrase as condoning criminal acts was having “a chilling effect” on free political expression.

Gorski told the Guardian: “What we’ve seen since October 7 is that the right to the freedom of assembly completely depends on the goodwill of the state – and if the state doesn’t want demonstrations to happen, it will just ban (them).”

Last November, the interior minister, Nancy Faeser, banned Hamas activities in Germany.

She described the “from the river” chant as a Hamas slogan.

Germany’s Justice Minister Marco Buschmann has said the phrase could be seen as “condoning the killings committed in Israel” and understood as “antisemitic incitement”.

According to the Central Council of Jews in Germany, the slogan meant nothing less denying Israel’s and its Jewish citizens’ right to exist.

The CCJG said: “Hamas’ battle cry means the annihilation of Israel and the expulsion and destruction of the Jews living there.”

It said it was Germany’s “urgent duty” to “create clarity” about the phrase.

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