Analysis of the Human Rights Institute: “AfD ban legally possible”

Status: 07.06.2023 3:48 p.m

The AfD “in its dangerousness” has now reached a level that it could be banned – this is the conclusion reached by the German Institute for Human Rights. An AfD spokesman, on the other hand, said that a ban would be “no chance”.

The German Institute for Human Rights (DIMR) now sees the conditions for a ban on the AfD as having been met. An analysis by the institute states that the party is actively and methodically proceeding “to implement its racist and right-wing extremist goals”. For example, the AfD is working on “shifting the limits of what can be said and thus the discourse in such a way that people get used to their racist national-völkisch positions – also in public and political space”.

The AfD has “in the meantime reached a level of danger to the free democratic basic order that it could be banned by the Federal Constitutional Court in accordance with Article 21 of the Basic Law,” the analysis continues.

Overall, the AfD is trying to eliminate the guarantees enshrined in Article 1 of the Basic Law. There it says: “Human dignity is inviolable. It is the duty of all state power to respect and protect it.”

The Union sees responsibility for the AfD’s poll high in the government. She rejects that.
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AfD: ban procedure would be “no chance”

The AfD rejected the arguments of the Human Rights Institute. A party spokesman said: “We have no doubt that proceedings against the AfD before the Federal Constitutional Court would have no chance.” The reason for the advance of the DIMR is obviously the values ​​​​for the AfD in voter surveys, which have been increasing for weeks. This saw the party last at around 18 percent and thus on par with the SPD.

The institute’s analysis is entitled “Why the AfD could be banned, recommendations for state and politics”. It goes on to say: “It is of elementary importance for the defense of the indispensable foundations of human rights and thus the free democratic basic order that awareness of the danger posed by the AfD increases both in society as a whole and on the part of the state and that state and political actors act accordingly.”

Institute: Increasing influence of Höcke

This danger can only be countered effectively “if the other parties at federal, state and local level clearly distance themselves from the AfD”. One factor that proves the danger posed by the AfD from the point of view of the DIMR is the influence of the Thuringian state and parliamentary group leader Björn Höcke on the course of the party, which has grown in recent years. Even without a post at federal level, Höcke is a leading voice in the AfD with numerous supporters who followed him nationwide.

The Federal Office for the Protection of the Constitution classifies three organizations as right-wing extremist – including the JA.
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The DIMR is Germany’s independent national human rights institution. The institute is financed from the budget of the Bundestag. In addition to a possible ban on the party, it also puts other consequences up for discussion in its analysis, such as the application of gun rights to AfD members or disciplinary rights for civil servants, soldiers or judges who support the AfD.

The author of the analysis, Hendrik Cremer, emphasized that parties “which, based on their goals or the behavior of their supporters, aim to impair or eliminate the free democratic basic order or to endanger the existence of the Federal Republic of Germany” are unconstitutional.

defense of Constitution sees AfD on “way to the right”

Thuringia’s Interior Minister Georg Maier spoke out in favor of a ban on the AfD last December. In the federal state, the party is being observed by the Office for the Protection of the Constitution because of certain extremist efforts.

In March 2021, the Federal Office for the Protection of the Constitution classified the entire party as a suspected right-wing extremist. This assessment was confirmed around a year later in the first instance by the Administrative Court of Cologne. The AfD, on the other hand, is defending itself legally. The proceedings at the Higher Administrative Court in Münster are still ongoing.

The President of the Office for the Protection of the Constitution, Thomas Haldenwang, sees the party constantly on the way “to the far right”. The classification as a suspected case already enables his authority to use intelligence resources. This includes, among other things, the observation and obtaining information about informants from the respective scene.

Ten years after it was founded, the AfD has established itself in the party system. In terms of content, it has moved to the right.
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So far only two parties have been banned

In the history of the Federal Republic of Germany, two parties have been banned so far: the National Socialist-oriented Socialist Reich Party (SRP) in 1952 and the Communist Party of Germany (KPD) in 1956. The first of two unsuccessful ban procedures against the right-wing extremist NPD was in 2003 because of the numerous informants , which the Office for the Protection of the Constitution also had in the leadership of the party. A second application was rejected by the Federal Constitutional Court in 2017 because the importance of the party was considered too small.

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