Council of Europe urges Germany to uphold freedom of expression amid Gaza protests

The Council of Europe's Commissioner for Human Rights Michael O'Flaherty on Thursday called on Germany to respect freedom of expression and peaceful assembly amid ongoing restrictions on pro-Palestinian demonstrations.

In a letter addressed to German Interior Minister Alexander Dobrindt, O'Flaherty expressed concern over measures that reportedly restrict the use of Arabic language and cultural symbols at protests in Berlin, as well as limitations on marches and increased surveillance of demonstrators since February 2025.

He highlighted reports of excessive police force during demonstrations, including against minors, and emphasized that such actions must meet principles of legality, necessity, and non-discrimination.

The commissioner also recalled Germany's obligation to investigate abuses and ensure accountability.

O'Flaherty further raised alarm over broader restrictions on freedom of expression in universities, schools, and cultural spaces, and noted attempts to deport foreign nationals for participating in protests.

He warned against misuse of the International Holocaust Remembrance Alliance's (IHRA) working definition of antisemitism to suppress criticism of Israel, urging German authorities to distinguish between hate speech and legitimate political discourse.

"I recall that member states have both an obligation to refrain from undue interference with human rights and also positive obligations to safeguard these rights by securing their effective enjoyment for everyone," he said, urging Berlin to avoid discriminatory measures based on political opinion, religion, ethnicity, or migration status.