The case is especially explosive, because human defender Michael R. was also used in the Israeli Consule General and Charlotte Knobloch, the President of the Israeli Cultural Community in Munich. “I hold on to the door, cute brown, with flags,” R. wrote in the chat. The news was signed with “HH” or “Sh”, which means “Hale Hitler” or “Zig Hale” in the Nazis. He wrote about the train trip: “Only to ******* on the train.”
Therefore, the headquarters of the police of Munich wanted to remove the 45-year-old teenager from duty. But the administrative court of Munich only classified it by two rows in 2023. In the appeal case, VGH Munich judged the even softer and only classified Michael R. for the title, from the chief of crime to the chief of crime. Verdict – basin.
VGH did not see any unlawful behavior in the chat messages, because it was mainly a 1-1 chat with his temporarily only friend Philip D. However, according to the judges: inside, in the nearest family and friends, they should not be punished in a disciplinary basis. Everyone should be able to speak freely here.
Private Hitler welcomes no departure from democracy
Chat messages would be legally relevant if it led to the “internal departure” of Michael DS from a free democratic basic order. The VGH judges were not convinced of this: although they classified communication as “absolutely reprehensible.”
“If the official did not mean his statement seriously, the judge said that there was no constitutional attitude,” the judges said: for example, inside, when in the chat ”there was a short -term competition in tasteless and minanthropic comments.” Probably, this was the same with Michael R. with a statement about Charlotte Knobloch, Michael R. expressed his anger that he had to perform its diarrhea.
However, since R., according to the court, he said that he had never commented on duty racist, anti -Semitic or extremist. There were never complaints against him. Once he even saved the Syrian refugee in life. On its devices, the Nazis content was not found. He showed repentance in court. He stopped contact with extremist friends.
R. now should be used in the office service
The judges saw only one statement in 2021: inside as a violation of the debt. When the proposal appeared in an non -confidential chat to create concentration camps for foreigners who do not adhere to coronary rules, he replied: “It would be reasonable, really.”
Nevertheless, the main charge against R. was a notification of confidential official information for other police officers, prosecutor and aunts. First of all, this was based on a disciplinary extent against R. Michael R. over the past four and a half years. Now it is used again in the office.
Charlotte Knobloch said TAZ on Wednesday: “The verdict makes me at a loss.” And further: “People who rely on the protection of security forces should be able to trust them. But how is it possible if such an attitude deviates as private entertainment? “
