German Chancellor Friedrich Merz has used the German state to pursue around 300 criminal investigations against people accused of insulting him, and his Chancellery spent months trying to keep the public from finding out which prosecutors were handling the cases. That wall has now come down.
The Higher Administrative Court of Berlin-Brandenburg hasorderedthe Bundeskanzleramt to identify every prosecutorâs office running a Merz-insult investigation, along with the file number for each one.
The ruling, which rejected the Chancelleryâs appeal against an earlier decision of the Berlin Administrative Court, came after a legal challenge by Berlin dailyDer Tagesspiegel. Until the judgment, roughly 300 criminal proceedings over alleged slights against the sitting head of government had been shielded from any journalistic scrutiny.
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The legal hook for all of it is Section 188 of Germanyâs criminal code, a special provision that gives people in political life reinforced protection against insult. The official English translation of the statute states that anyone who âinsults a person who exercises a political office in relation to their office or in connection with their office shall be punished with imprisonment from three months to five years.â
A politician gets to sit at the center of a prosecution aimed at a citizen who said something unpleasant about them, and the punishment on the table is years in prison.
How cases enter the pipeline is itself revealing. Citizens are encouraged by NGOs and state-run reporting portals to flag supposed insults, sometimes anonymously.
Those reports travel to the Federal Criminal Police Office, which routes them to the relevant regional prosecutorâs office. The targeted politician is then notified and decides whether to file a formal criminal complaint or whether to leave the prosecution to run without objection. The Chancellery alone receives between 20 and 30 such files every month.
Merz has said he does not sign complaints himself, but also does not block the prosecutions that have been opened in his name. Whether that account holds up against the actual paperwork is precisely what the Chancellery was trying to prevent anyone from checking.
The Chancelleryâs argument in court was that no heightened public interest justified handing the information over, and that merely naming the prosecutorâs offices and file numbers could violate the rights of accused individuals. The court did not accept it. The judges held that the Chancellorâs distinctive role in these proceedings made disclosure necessary, and that neither jurisdictional objections nor the absence of urgency stood in the way.
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