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HORROR VERDICT against Corona Measures CriticBy judgment of March 20, 2024 – 28 NBs 75/23 (50 Js 161/22), the Wuppertal Regional Court convicted a critic of Corona measures for incitement to hatred in the form of trivializing Nazi crimes (§ 130 Abs. 3 StGB) and imposed a fine. The judgment was upheld in the appeal instance by a decision of the Düsseldorf Higher Regional Court on August 7, 2025 – III-3 ORs 22/25 – with a meaningless three-liner, thus without any engagement with the grounds for appeal. 
I. What happened: The defendant had posted an illustration with two images. One image showed the entrance gate to the Auschwitz concentration camp with the inscription “Arbeit macht frei” (Work sets you free). The other image showed the entrance gate to a clinic with the inscription “Impfen macht frei” (Vaccination sets you free). Below the first image was the year 1933, below the second the year 2021, and in the middle between the images was written: “History repeats itself.” II. According to the Wuppertal Regional Court, this constituted a trivialization of Nazi crimes. The court stated that Jews in the Third Reich could not escape persecution and were granted no legal protection. It then continued verbatim: “In contrast, critics of Corona protective measures and vaccine opponents found themselves in a difficult situation that affected all people in society equally, regardless of origin, religion, etc., and in which the democratically legitimized decision-makers in a constitutional state repeatedly enacted measures that aimed for an appropriate balance, particularly between the legal interests of health and protection against infection with the Corona virus on the one hand and individual personal freedom rights on the other. The measures were generally subject to judicial review, and for most restrictive regulations, those affected had a choice in how to subjectively deal with a situation (e.g., vaccinate or stay away, test or stay away). … At no point were people arbitrarily persecuted, abducted, or murdered by state authorities due to a critical stance on Corona measures. Considering these different starting points, it is obvious that no comparability can or may be established between them. For assuming comparability would outright mock the suffering of Auschwitz victims.” When looking for objections to this reasoning, one hardly knows where to begin: 1. What is it other than political persecution when the Free State of Bavaria reduces Prof. Dr. Michael Meyen’s salary through a disciplinary measure because he worked for the newspaper “Demokratischer Widerstand”? And when the Bavarian State Prosecutor’s Office cheerfully leaks this to the press? 2. What is it other than arbitrariness when peaceful demonstrators in Berlin (and elsewhere) were beaten by police without cause – so severely that even the then UN Special Rapporteur on Torture, Nils Melzer, intervened? 3. Where is the justiciability of the measures when courts uncritically adopt the statements of the RKI, despite the fact that the RKI is a government-dependent agency? At the time of the judgment, at least the redacted RKI protocols were already available. The influence of non-expert politicians was already evident from them at that time. 4. What remains of a person’s freedom when they are faced with the choice of “vaccinate or lose your job” or “vaccinate or be excluded from societal life”? 5. How are we supposed to learn from history if we are not allowed to compare? Comparing does not mean equating – the Nazi era, as is well known, did not begin with concentration camps. Did the Wuppertal Regional Court take note of the moving speech by Holocaust survivor Vera Sharav in August 2022 in Nuremberg? 6. It is also not true, as the Wuppertal Regional Court further claims, that emphasizing the suffering of those opposed to the measures necessarily involves trivializing Nazi crimes. Rather, the following is true: The indisputable premise of any comparisons between Corona policy and the Nazi era is the assumption that Nazi crimes were bestial injustices. Any trivialization of Nazi crimes would simultaneously weaken the argumentative force of the comparison drawn by the defendant. III. The court further stated that the illustration posted by the defendant was also capable of disturbing public peace: “Since the group in which the image collage was posted consisted predominantly of vaccine opponents and critics of Corona measures, referred to itself as ‘(…) Resistance,’ and had come together in this sense for protest, an active reaction capable of disturbing public peace was particularly likely. In this context, it is also known to the court that the (…) Resistance group – independent of the post relevant to the proceedings – gathered for demonstrations against Corona measures in Solingen and was thus willing to actively express their discontent. The chamber does not overlook that it is, of course, legal and desirable in a constitutional state to express one’s opinion and protest at gatherings. However, it is also known to the court that these gatherings have led to criminal proceedings due to non-law-abiding, aggressive behavior by individuals. Even the people supporting the defendant, who, as part of the public, followed the appeal hearing, could not restrain themselves in some cases and disrespectfully expressed their discontent with statements by the prosecutor or the presiding judge that they did not like. Taking into account the known heated atmosphere in society in the relevant year 2021 and the sometimes very opposing views regarding Corona protective measures, the chamber has no doubt, in the overall view of these aspects, that the post with the aforementioned content was capable of provoking peace-disrupting reactions – not only from opponents of mandatory vaccination but also from its supporters. For among the latter, there were also individuals who reacted aggressively and actively to differing opinions and were possibly willing to disturb public peace in response to the post. Furthermore, the quotes read out by the defense of insults against vaccine opponents show that there were people on both sides of the positions who crossed legal and human boundaries in their statements, so such actions were to be feared.” This leaves one truly speechless: Not only did “vaccine refusers” have to endure the worst enemy-image rhetoric – now they are supposed to be to blame for being viciously insulted?! The reversal of cause and effect could hardly be more brazen. And what actually came of the alleged criminal proceedings against the supposedly aggressive and non-law-abiding demo participants? The verdict from Wuppertal is an absolute disaster. Speechless regards Yours truly Martin Schwab P.S. Other courts have shown significantly more discernment in similar cases in the recent past. I will publish a separate text on this.
Author: AI-Translation - Martin Schwab | |
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