Status: 02/10/2022 10:27 a.m
Two courts had partially banned the satirist Böhmermann from writing a diatribe about the Turkish head of state Erdogan. On the other hand, he filed a complaint. The Federal Constitutional Court has now ruled: “No chance of success.”
The satirist and TV presenter Jan Böhmermann failed with a constitutional complaint about his poem “Abusive criticism” about Turkish President Recep Tayyip Erdogan from 2016.
A decision by the Federal Constitutional Court in Karlsruhe stated: “The constitutional complaint will not be accepted for a decision because it has no chance of success.” There was no other justification. The decision is final. Böhmermann filed a constitutional complaint in 2019.
Decision of the Federal Constitutional Court
According to Section 93d of the Federal Constitutional Court Act, the court does not have to give reasons if it does not accept a constitutional complaint. However, this is still very unusual in such an important case, which made big headlines and was the subject of wide public debate and controversy.
Erdogan accused of pedophilia and bestiality
The 40-year-old recited the poem almost six years ago on March 31, 2016 in his TV satirical show “Neo Magazin Royale” on the public broadcaster ZDFneo. In it, Erdogan was accused of sexual acts such as pedophilia and bestiality in drastic terms. Böhmermann’s poem led to a diplomatic scandal between Germany and Turkey. And a debate began about what satire is allowed to do.
Parts of the poem were banned
Erdogan defended himself against Böhmermann in court and achieved a partial success. The core of the case was the constitutionally protected freedom of art and freedom of expression on the one hand and personal rights on the other. After judgments by Hamburg courts in recent years, large parts of the poem have been banned. The passages in question therefore contained severe disparagements for which there was no actual evidence in Erdogan’s person or behavior. However, the entire poem was not banned. The Turkish President wanted the poem to be banned altogether.
In 2019, the Federal Court of Justice (BGH) rejected Böhmermann’s complaint that an appeal had not been allowed. Böhmermann then went before the highest constitutional court.
(Az. 1 BvR 2026/19)
With information from Klaus Hempel, ARD legal department
BVerfG: Böhmermann’s complaint not accepted
Klaus Hempel, SWR, February 10, 2022 10:36 a.m