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So she "allows prosecution", as she also can't ignore diplomatic implication of doing otherwise. Sure she can. People snub each other in politics all the time
by kafkaesq 11y ago
So she "allows prosecution", as she also can't ignore diplomatic implication of doing otherwise.
Sure she can. People snub each other in politics all the time (even when they're joined at the hip). It's called "setting boundaries", and letting people know they can only count on so many indulgences from you. In fact, it is precisely through their willingness to take a stand (even at the cost of temporarily upsetting their allies or coalition partners) that stronger politicians distinguish themselves.
But even if she didn't want to offend his sensibilities -- there are bigger issues at play, such as the fact that Erdoğan is not only acting like a bully in this case (as he normally does at home), but is expecting the German government to do his dirty work for him. And hence, tacitly, to take "his" side in the Great War of Values on openness, and freedom of expression.
That's why Merkel got it wrong. What she needs to do is both act to abolish the law and exercise her discretion in declining to prosecute this case.
- zymhan 11y agoI mean, the main issue is that Germany even had a law allowing someone to be punished for this kind of speech. Merkel can't (or won't) let Erdogan get the chance to point out even the slightest hypocrisy when it comes to enforcing laws. If she gives him an inch by not enforcing this stupid one, he can make a mockery of the west when they say anything about the journalistic and civil rights abuses committed by his administration. Not that they're doing even close to a good job of that right now.
- fahrradflucht 11y agoThat law is a relict of the time before WW1 when Germany had an emperor. It just got adapted to the democratic system, so that it covers every head of a state. Everybody just forgot about it and it never got used since decades.
- hussong 11y agoIt was used a couple times in recent times: Chomeini, the Pope, and others.
- coldtea 11y ago>I mean, the main issue is that Germany even had a law allowing someone to be punished for this kind of speech. Calling the guy a goat fucker? In the US, with the PC sensitivity, you can go to jail for far less...
- icebraining 11y agoCare to share some examples?
- coldtea 11y agohttp://www.dailymail.co.uk/news/article-3464628/Woman-35-faces-two-years-prison-Facebook-post-calling-former-friend-slut-coke-head-phone-number-warning-STDs.html http://www.dailymail.co.uk/news/article-3464628/Woman-35-fac... http://www.bostonmagazine.com/news/blog/2013/05/23/a-methuen-teens-rap-lyrics-have-kept-him-in-jail-for-three-weeks/ http://www.bostonmagazine.com/news/blog/2013/05/23/a-methuen... http://www.businessinsider.com/teen-justin-carter-faces-trial-and-jail-for-facebook-comment-2013-7 http://www.businessinsider.com/teen-justin-carter-faces-tria... http://www.fox5dc.com/news/local-news/15763074-story http://www.fox5dc.com/news/local-news/15763074-story http://www.wdrb.com/story/30881928/judge-olu-stevens-gives-man-60-days-in-jail-for-using-racial-slur-after-hearing http://www.wdrb.com/story/30881928/judge-olu-stevens-gives-m... http://thefreethoughtproject.com/man-wins-35000-arrested-calling-cops-racist-departments-facebook-page/ http://thefreethoughtproject.com/man-wins-35000-arrested-cal...
- icebraining 11y agoI assumed that by "go to jail" you meant actually be convicted. Yes, of course you can get arrested; that doesn't mean it's actually illegal, and we were talking about the laws, not police attitude.
- jlarocco 11y agoDid you even read the headlines? One guy spent an extra 2 months in prison. What else could be meant by "go to jail"??
- geff82 11y agoWhile what I wrote is the contrary to what you say, you are absolutely right, too (so you get an upvote). But Merkel has her very own style of doing stuff, and in the current situation that she maneuvered herself into, her decision made some sense from her point of view. I personally think heads of state that turn authoritarian should be offended much more often and harder. In this regard, Merkel's decision is absolutely the wrong signal.
- venomsnake 11y agoThe style argument would have had any merit if she delivered results. She managed to badly mishandle all major crisis I can think of - Euro debt, Ukraine, Migratrion
- tremon 11y agoSo you've been to the future and know how her government's decisions play out in the next 10-15 years? Please, tell us more!
- coldtea 11y agoSo you have been living in an alternate universe, where actions can't reveal themselves to be disastrous or bad in the short- and mid-term? The idea that we should wait 10 to 15 years to judge foreign policy (or any other) actions is just beyond comment... No need for elections every 4-5 years either, we should better wait 10-15 years to judge a government/leader, when it's absolutely certain how their laws/actions panned out.
- Xylakant 11y ago> I personally think heads of state that turn authoritarian should be offended much more often and harder That might be the actual outcome. Erdogan might quite well loose the case which would establish that he's fair game.
- AnimalMuppet 11y ago
- goatinsulter 11y agoErdoğan owns her due her foolish politics. That she did not act like you described very well proves this. This is the turning point http://www.theguardian.com/world/2015/jul/16/angela-merkel-comforts-teenage-palestinian-asylum-seeker-germany http://www.theguardian.com/world/2015/jul/16/angela-merkel-c... A big backslash followed this and after that she probably thought that fuck it.
- aluhut 11y agoYes she can but she would look just like Erdogan.
- andyjohnson0 11y agoRegarding the decision she had to make, Merkel had two choices. If she declined to prosecute then she would be making a quasi-judicial decision in a county where judicial decisions are rightly made by the courts, not politicians. In passing the decision to the courts she is, in my opinion, making a clear statement of German values: this is how we do things - with the rule of law. Which starkly contrasts with Erdoğan's contempt for the rule of law and anything that gets in his way. The German constitution guarantees freedom of expression and the case will undoubtedly be dismissed when it reaches the courts. (And I agree that laws such as this should be abolished.)
- sesutton 11y agoThe law[0] in question specifically says that the federal government has to authorize the prosecution. [0] http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1031 http://www.gesetze-im-internet.de/englisch_stgb/englisch_stg...
- germanier 11y agoJust because the law allows to interfere with the prosecution does not make it morally right to interfere with the prosecution. (By the way, prosecutors are anyway bound to instruction in Germany (usually by the state governments). That doesn't mean the governments should actually use that power.)
- duaneb 11y agoThe law does not "allow interference", the law requires someone initiating the prosecution. Just because the law allows this does not make it morally right to initiate it.
- germanier 11y agoAn authorization to prosecute is not the same as an initiation. The law requires an initiation by the foreign head of state and an authorization of the German federal government. But that's semantics anyway. You should rather ask yourself, why should this law be treated any differently than all the others? It's written into it but that's the best reason one could find.
- ycosynot 11y agoI disagree, I'm sure there are strong politicians who don't make waves, we just don't hear about them. It's sampling bias.