Ban mosque Association : lawyer urges care in Al-Only investigation

The pressure is growing After a parliamentary question of the SPD-had made expert Tom Schreiber, clearly, is that nobody knows exactly what's going on in the protection of the Constitution observed Al-Nur mosque in Neukölln, Berlin, had discovered, among other things, the district mayor Martin Hikel (SPD), and his Deputy, Falko Liecke.

Both called insights into the Interior of the founded in 1986, the mosque Association, in particular with a view to one of the weekly lessons for children and young people. It is suspected that the participants are influenced with Salafi content or indoctrinated.

should be to provide These insights is difficult. The interior administration, which rejects any opinion on the topic is running in the Background is the still under Frank Henkel (CDU), initiated the ban process – hands are tied. Police are operating legally, they must be able to prove the Existence of a concrete danger to public security and order. With a view from the outside and without hints from the inside that will be difficult.

The mere suspicion is not enough

Ruth Hadamek, specialist lawyer for administrative law, speaks of a "Dilemma". In terms of the Al-Nur mosque, it says: "to appoint In this Situation, criminal offences or other breaches of the law, specifically, seems to be difficult". Hadamek was sitting to March, 2017 on the Board of the chamber of lawyers of Berlin, one of their specialty to the area of state and constitutional law. It refers to the General clause as an encroachment basis of the police authorities.

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order "It must always be concrete evidence of criminal offences or other breaches of the law, so the police can act". The mere suspicion – in this case, the Salafist indoctrination of children and young people – is not enough in the first place.

Secondly, this would be – so it is not automatically an Offence to be equated. To say "women are not on an equal footing is absurd, but not a criminal Offence or a breach of the law, if not additional facts are added," explains Hadamek.

Even unpleasant Statements were covered by the freedom of expression. In addition, the freedom of religion is observed. Would be taught to the children but, thieves is basically chopping off the Hand that would be the case, may be different. "This case is at least borderline," says Hadamek.

Hadamek calls for restraint

to explain A possible way out of the Dilemma, mosques such as the Al-Only club to a "crime-polluted place" where persons and things to which, under certain circumstances, the building can count on – regardless of whether suspicions can be controlled, looks Hadamek skeptical. The requirement that crimes must be given. "At this point may be, the legislator is called upon to review the criteria."

With a view to the prohibition proceedings, on the successful end of Hikel as Liecke had pushed, urged Hadamek for restraint: "Such a procedure must sit not later fail in court, as in the case of prohibition of the NPD." It is advertising for patience with the rule of law, even if the Public pressure increases. "It could be that the current process steps are prepared. Because of a club ban is the basis for an action against an unlawfully acting mosque Association.“

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