German far-right party wins lawsuit against domestic intelligence agency

BfV GermanyGermany’s largest far-right party, Alternative for Germany, has won a lawsuit against the country’s domestic intelligence agency, which is now barred from collecting intelligence on the group’s activities. Known by its German initials AfD, which stand for Alternative für Deutschland, the party was founded in 2013 on an anti-immigration, Eurosceptic, German-nationalist, and in some cases pro-Russian, platform. In 2017 it became the third-largest political party in the country after winning 94 seats in the Bundestag, Germany’s federal parliament. Since the two leading parties formed a governing alliance, the AfD is currently Germany’s official parliamentary opposition.

Last year, however, government officials warned that elements within the AfD were actively organizing to subvert the German constitution and expressed concern about the AfD’s political views. In January of this year, the Office for the Protection of the Constitution (BfV), Germany’s primary domestic security agency, publicly announced that it would designate the AfD as a “test case” organization. According to German law, a group or organization can be designated as a “test case” when it displays “extremist elements” in its behavior, which may indicate that it “poses a threat to the constitutional order”. Once a group or organization is designated as a “test case”, the BfV is legally permitted to monitor open-source information about it. It is not allowed to resort to other methods of intelligence collection, including conducting human intelligence operations, employing informants, etc.

Shortly after the BfV disclosed the AfD’s “test case” designation, the far-right party sued the security agency, claiming that its “test case” designation amounted to public defamation. On Tuesday, Cologne’s Administrative Court ruled that the BfV had unfairly designated the AfD as a “test case” by relying on little more than “fragments of suspicion”. The court also found that the public designation of the AfD as a “test case” had unfairly defamed the party and could have a serious negative effect on its electoral performance by giving “a negative public impression”. The court decision is seen as a major symbolic victory for the far-right party ahead of several regional elections this year, in which the AfD hopes to defeat Chancellor Angela Merkel’s center-right Christian Democratic Union.

Author: Joseph Fitsanakis | Date: 27 February 2019 | Permalink

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