UnLawful Inhibition of Action Prohibited in Palestine Congress - Congressional Decision on Activity Deemed Unlawful (in relation to Palestine)
In a landmark ruling, the Administrative Court of Berlin has declared unlawful the political employment ban imposed on Dr. Ghassan Abu-Sittah during the Palestine Congress in Berlin. The ban, which was based on a clause in the Residence Act, was challenged by Dr. Abu-Sittah, supported by the European Legal Support Center (ELSC) and the International Centre of Justice for Palestinians (ICJP).
The ban was initially imposed by the Berlin Immigration Office in April 2024, forbidding Dr. Abu-Sittah from participating or speaking at the Palästina Kongress and other Palestine-related events. Non-compliance was threatened with a prison sentence of up to one year.
The ban was justified by German authorities due to Dr. Abu-Sittah's public statements accusing Israel of war crimes and genocide. However, the court ruling states that the immigration authority wrongly prohibited Dr. Abu-Sittah from participating in the congress and any related publications or interviews. No criminally relevant statements by Dr. Abu-Sittah were cited by the immigration authority to justify the ban.
The court ruling also emphasised that the ban was disproportionate, even if a danger had existed. The court found no evidence of Dr. Abu-Sittah posing a danger to the liberal democratic basic order or public safety and order.
Dr. Abu-Sittah had been scheduled to speak at the congress, but the federal police denied him entry at the airport and imposed the political employment ban. The ban extended beyond the congress, prohibiting Dr. Abu-Sittah from participating in any political activities related to Palestine in Germany.
Dr. Abu-Sittah's role as an eyewitness to Israeli air strikes in October and November 2023 was a factor considered by the court. His criticism of Israeli attacks on clinics, resulting in the death of many children, was covered by the freedom of speech.
It is important to note that older statements in which Dr. Abu-Sittah appeared as a Hamas sympathizer were not relevant in this context. Dr. Abu-Sittah had worked for the aid organization Doctors Without Borders in the Gaza Strip for about a month from October 2023.
The court ruling marks a significant victory for free speech and political participation in Germany. Human rights groups have characterised the ban as a suppression of free speech and political harassment. The ruling aims to establish a precedent preventing the misuse of migration law for political suppression.
As of July 2025, the court hearing was ongoing, and no final verdict overturning or upholding the ban had been reported. Dr. Abu-Sittah's legal action against the political employment ban is being taken from the UK. The case continues to garner international attention and support.
- The Administrative Court of Berlin's ruling on the employment ban imposed on Dr. Abu-Sittah during the Palestine Congress highlights the importance of community policy regarding free speech and political participation.
- The policy-and-legislation surrounding war-and-conflicts and crime-and-justice in Germany has come under scrutiny after the court's decision to declare unlawful the political employment ban on Dr. Abu-Sittah.
- Politics in Germany are under public debate following the court ruling, with the general-news media discussing the implications for policy-and-legislation and the potential for misuse of migration law for political suppression.
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