Merkel Acquiesces to Erdogan’s Demands in Böhmermann Case

German Chancellor Angela Merkel announced on April 15 that her government will permit the prosecution of comedian Jan Böhmermann for offending a foreign head of state, Turkish President Recep Tayyip Erdogan, through a satirical poem presented on his TV show.  Reuters.de explained that Erdogan had already charged the TV comedian as a private individual. Nonetheless, he demanded that the German government also charge Böhmermann specifically for insulting a foreign head of state, which is forbidden according to Paragraph 103 of the Strafgesetzbuch, the German penal code.

Erdogan’s demands in the Böhmermann case forced Merkel to make a difficult decision. As the Süddeutsche Zeitung points out, Merkel had the choice of either harming diplomatic relations with Turkey—an invaluable ally in Europe’s refugee crisis—or of upsetting free speech advocates and Böhmermann’s fan base.

Both Merkel’s own party, the Christian Democratic Union of Germany (CDU), as well as its coalition partner engaged in heated debates over the proper course of action. The division over the case manifested in the attempts of the Social Democratic Party’s (SPD) Foreign Minister Frank-Walter Steinmeier and Justice Minister Heiko Maas to distance themselves from the decision, reported Reuters.de.

Merkel, however, acquiesced to Erdogan’s demands. The Tagesschau asserted that Merkel’s stiff, grave tone as she announced her decision cast light on her own dissatisfaction with the situation. In fact, during the same press conference she announced her intention to repeal Paragraph 103. The fact that Merkel wants to repeal this clause before the end of the current legislative period suggests Chancellor remains committed to free speech, despite her willingness to uphold a restrictive law.

Even more so, Merkel’s decision to apply the clause despite her own reservations highlights her pragmatic approach to politics. For although the Chancellor may not be in favor of Paragraph 103, she is willing to apply it for the sake of preserving functioning diplomatic relations with Turkey. In the midst of a refugee crisis that is tearing Europe apart politically, the chancellor cannot afford to lose an ally.

A recent article on the German news site Focus highlights the value of Turkey’s cooperation. The article noted the importance of the EU’s deal with Turkey, secured in March, in which Turkey will take back one Syrian refugee from Greece and in return Europe will accept one Syrian refugee from Turkey. Through this deal, only refugees who stay in Turkey have a chance of gaining legal entry into Europe. Thus, the deal is expected to slow down the persistent wave of migration.

Besides appeasing Erdogan’s demands for a trial, Merkel’s decision was also significant for the rule of law in Germany. Frank Bräutigam, a legal expert, supports Merkel’s decision, arguing that despite Paragraph 103’s unpopularity, it is part of the German penal code and thus the government should not selectively decide whether or not to apply this law. Such a decision would set a dangerous precedent of government interference in the application of law.

Likewise, during the press conference the Chancellor clearly stated that the Böhmermann case now leaves the realm of politics and enters the domain of the independent judiciary. The Tagesschau suggests that Merkel’s statements were directed at Erdogan. Through the Boehmermann case she highlighted the limits to government power due to the supremacy of the law; limits, which are largely absent in Turkey.

In this regard, Merkel may have given in to Erdogan’s demands to press charges, but she too is delivering a clear message to Erdogan about the need for a clear division between politics and the independent judiciary. Moreover, while some critics raised concerns about the potential for self censorship among artists, Merkel’s determination to repeal Paragraph 103 suggests that these concerns will soon fade.

Ann-Kathrin Merz is following her passion for international affairs at the School of Foreign Service. Born in Germany and raised in five different places, Ann-Kathrin loves traveling, learning languages, dancing, and eating all kinds of cultural foods.