No incitement, but freedom of expression: Vienna Imam acquitted

Because he posted statements on Facebook directed against Jews in Israel following the terrorist attack by Hamas on Israel on October 7, 2023, a former Viennese imam had to answer in court on Wednesday. For the judge, posts like "turn Gaza and all of Palestine into a cemetery for the Jews" did not constitute incitement and fall under freedom of speech. The 61-year-old was acquitted, but the verdict is not yet legally binding.

"It is a defensible opinion that he says he wants Palestine to win the war and Israel to lose the war," the judge explained the verdict at the Vienna Regional Criminal Court. "What one cannot say is 'death to all Jews'," but the defendant did not say that either.

Multiple Facebook postings put imam in distress

In January 2024, the then imam of the Assalam Mosque at Schöpfwerk posted several longer postings in Arabic, containing statements like "Oh God, punish the criminal Zionists and their supporters and scatter them. Oh God, count them and kill them all and leave not a single one of them" and "Oh God, strengthen the mujahideen in Gaza, guide their arrows, make their steps secure, strengthen their hearts and frighten the hearts of the Jews, the occupiers." After the posts emerged, he resigned from his position as imam.

Judge: "Wishing them death covered by freedom of speech"

The audience, after all, the man had over 3,500 friends on Facebook at the time, was "completely clear" that by "Jews and Zionists" he did not mean all Jews, but the far-right Netanyahu government and Israeli soldiers, the judge followed the defendant's argument. "These are also Jews and Zionists, but they are not wished death because of that, but because they are the ones who bomb hospitals in Gaza." This group is not covered by the incitement accusation: "Wishing them death is covered by freedom of speech."

Defendant Claims Not to Have Read Passages

The fact that the defendant had not even read the relevant text passages - according to his defense strategy - was "realistic" and happens repeatedly, the judge noted. While this may be relevant under media law, it is not relevant under criminal law. The defendant emphasized several times during his questioning that he had received texts and verses from a friend via WhatsApp and had only partially read them before posting them on his Facebook profile. Instead of "Oh God, count them (the Zionists, ed.) and kill them all and leave not a single one of them," it could have said "kill all Muslims," and he would not have noticed, the man replied to a corresponding question from the judge.

Defender Surprised by Acquittal

The acquittal also came as a surprise to the defendant's legal representative. At the beginning of the trial, Andreas Schweitzer advocated for a diversionary approach. "I honestly do not see that the defendant incited against Jews. What can be accused of him is that he did not read carefully. (...) He has shown remorse and is of good character." Since a diversion was not an option according to the judge due to "general preventive reasons," he ultimately pleaded for acquittal "in dubio pro reo."

Prosecution Announced Appeal

The prosecution saw it quite differently. "This is not criticism of the state of Israel, but blanket incitement," said the prosecutor in her plea. She did not believe that he had not read the posts to the end. He also had an additional role model function as an imam. "There would have been an indictment just the same if a rabbi had posted that Gaza should become a cemetery for all Palestinians." She announced a full appeal against the verdict, so it is not legally binding. The defendant emphasized being a supporter of the two-state solution and against Hamas.

(APA/Red)

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