Charges against Wagner

Pro-Palestine demonstration: identity check unlawful

(Bild: ZWEFO)

The proceedings against the well-known Viennese lawyer Astrid Wagner for incitement to hatred in connection with a pro-Palestine rally were already discontinued in May. Now, the Vienna Administrative Court ruled on Wednesday that the lawyer's identity check was also unlawful. 

According to the court, Wagner had been invited by the demonstration organizer to present her "legal expertise" at the rally. She had quoted from "judgments of administrative courts", according to which the controversial phrase "From the River to the Sea, Palestine will be free" was "not fundamentally illegal".

Slogan highly controversial
Since the beginning of the Gaza conflict, the slogan "From the river to the sea" has been omnipresent - on demonstrations, banners, in social media and as graffiti. Israeli organizations and Israel itself classify it as anti-Semitic, as it questions their country's right to exist. Hamas also uses the phrase in its 2017 charter, in which it calls for Israel's annihilation.

In the past, courts have not followed a uniform line in evaluating this slogan. Some instances have ruled that the statement is protected by the right to freedom of expression. Others see it as a desire for a one-state solution without separation of the two population groups.

Request to establish identity
After the event broke up - for Wagner "for no discernible reason" - she was stopped by police officers, asked to identify herself and ultimately reported to the police.

Wagner lodged an appeal against this with the administrative court and was upheld, although the decision is not legally binding for the time being. The evidentiary proceedings revealed "that the complainant was not told the reason for the identity check at her request, which is why the manner in which the identity check was carried out was also unlawful", according to the decision.

It is possible to lodge an appeal against this decision with the Constitutional Court (VfGH) and/or an extraordinary appeal with the Administrative Court (VwGH).

After the incident, Wagner also filed a complaint for abuse of authority against the police officers involved. This has since been withdrawn.