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Berlin public prosecutor’s office closes investigation

Reichelt had shared a picture of Rüdiger on the X platform, in which he could be seen wearing a DFB jersey with his right index finger raised, and interpreted this gesture as an identifying sign of Islamists. “Islamism in the German starting eleven tonight,” wrote the “Nius” boss. “This is the ideology that throws everything off the roof with rainbow colors and stones women. Antonio Rüdiger should get us more than a Nike jersey.” In another tweet, Reichelt pointed out that the Federal Office for the Protection of the Constitution called the gesture an “IS finger” and that the DFB had to comment on it.

The DFB did not comment, but Antonio Rüdiger, in a statement documented by the “Bild” newspaper, rejected the allegation that he had anything to do with Islamism. “Violence and terrorism” are “absolutely unacceptable. I stand for peace and tolerance,” wrote Rüdiger. “Respect and tolerance are fundamental principles that we all support in our family.” He would not allow himself to be “insulted and denigrated as an Islamist.” At the beginning of the fasting month of Ramadan, Rüdiger had shared a post showing him in a white robe on a prayer rug. The index finger of his right hand was raised. “May the Almighty accept our fasting and our prayers,” Rüdiger wrote as a greeting.

In rejecting the accusation that Julian Reichelt was inciting hatred with his interpretation of the gesture, his lawyer pointed out that since the terrorist attacks of September 11, 2001, it has been used as an Islamist salute and has been understood as Osama Bin Laden having shown it after the terrorist attack. The Federal Office for the Protection of the Constitution, the Bavarian Office for the Protection of the Constitution and Federal Minister of the Interior Nancy Faeser (SPD) warned against the gesture. The Federal Court of Justice described the raised right index finger as a “typical IS symbol”.

When asked, the Berlin public prosecutor’s office told the German Press Agency that there was no criminal liability for insult, slander or defamation. “The posts do not represent factual statements, but – as is clear from the overall context – merely value judgements.” When weighed against freedom of expression, there is no sufficient suspicion of a crime. The accusation of incitement to hatred is also not met.

No response from DFB and UEFA

“The accusations against Julian Reichelt were completely baseless and unacceptable from the start,” said his lawyer when the case was dropped. “My client’s statements were clearly covered by his freedom of expression as a journalist. The public prosecutor’s decision is correct and important because it protects and respects this freedom of expression as an essential fundamental right in our constitutional state.”

At the start of the European Football Championship, she had “explicitly and with detailed reasons called on the DFB and the European Football Association UEFA to work towards ensuring that Antonio Rüdiger “refrains from raising his index finger as a sign of Islamism in the future”. To date, she has not received a response to this letter.

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