On 14 July, BDS Austria activist faced the Municipality of Vienna in court again!
After the Municipality of Vienna sent a scandalous settlement offer to the activist, the activist's lawyer explained to the judge the reasons why they refused this proposal - these perfectly illustrate how much this lawsuit characterizes as a SLAPP (strategic lawsuit against public participation): the City of Vienna proposed withdrawing its complaint in exchange for payment of € 17,838.81, which is more than the damages requested within the trial. Moreover, the settlement proposal included a gagging clause preventing the BDS Austria activist from claiming that the City of Vienna had filed "SLAPP lawsuits" and/or "abusive lawsuits" against members of BDS! If that would not be respected, the activist would have to pay a contractual penalty of € 1,000 for each violation of this obligation.
As we already highlighted before, it is clear that this lawsuit is part of a larger strategy to intimidate and isolate BDS Austria and Palestinian rights advocates through systematically repressing their fundamental rights to free speech and freedom of assembly.
The court should now decide if BDS Austria’s action speak to the rightful exercise of its freedom of expression or instead damaged the reputation of the Municipality which refuses to denounce Israeli apartheid! The judgement is expected to be delivered in a couple of months. In case of a negative judgement, the activist and their lawyer Elisabetta Folliero are ready to go up to the European Court of Human Rights to protect individual and collective fundamental rights, and we will be there every step of the way to support them!
If you would like to continue your support to Palestinian rights advocates in Austria, please donate here! Any donation, large or small, will make a huge difference. We are stronger together!
In solidarity,
The ELSC team
Four UN Special Rapporteurs raised their concerns about the lawsuit filed by the City of Vienna against a BDS Austria activist and the municipality’s anti-BDS Resolution. Read our statement: bit.ly/UNSRVienna
- The UN Special Rapporteurs’ communication states that “expressing support for, or opposition to, BDS, is fully guaranteed by the rights to freedom of opinion, expression and association.”
- The anti-BDS resolution adopted in 2018 by the City of Vienna “includes undue restrictions to the rights to freedom of opinion and expression, peaceful assembly and of association”.
- The lawsuit against a BDS activist “may hinder the peaceful activities of human rights defenders committed to monitor and denounce human rights violations in occupied Palestine, shrinking the civic space available to them to express legitimate grievances”.
More than ever, it is crucial to support the activist’s legal battle against the City of Vienna. Will you help us and take further action? Here is what you can do:
- Amplify these important updates in your network and on Twitter, Instagram, Facebook!
- If you are able to renew your financial support to the activist, please donate here – the activist appealed the Court’s decision and is ready, if necessary, to stand before the European Court of Human Rights to assert his fundamental right to freedom of expression.
Many thanks for your support.
Dear supporters,
In a highly contestable decision delivered on 6 April 2022, the Commercial Court of Vienna ruled in favor of the City of Vienna and ordered that the BDS activist must no longer use the logo of the City in connection with any publication. The judge also approved the City's request of damages and legal fees to be covered by the BDS activist. Read more here. With our support, the activist will appeal to vindicate his fundamental right to freedom of expression.
In order to succeed, we need your help and solidarity to secure extra costs related to lawyer fees and Court fees. Please visit our crowdfunding page if you consider donating again or sharing the page with your network.
Now is also the time to reinforce the pressure and show the City of Vienna that it cannot keep silencing lawful and legitimate activism! Write directly to the Mayor of Vienna and ask him to end this undemocratic lawsuit.
You can also help us amplify this action by sharing on your social media with #ViennaVisitApartheid:
- This Twitter thread, Instagram post, Facebook post
- The webpage of the emailing action
Thank you again for your support.
Dear supporters,
In November 2021, the City of Vienna filed a strategic lawsuit against public participation (SLAPP) against an activist to deliberately repress and intimidate BDS Austria and Palestinian rights advocates. Such a tactic threatens democratic values and fundamental rights.
That is why you were amongst the 56 people to donate to help the activist with the legal fees and potential damages he’s facing, and we are very grateful for your support. That is also why nearly 2000 people signed the petition that we launched with the European Coordination of Committes and Associations for Palestine (ECCP). European Jews for a Just Peace (EJJP) also sent a letter to the Municipality urging it to “desist from this meritless claim brought against BDS Austria in order to silence their voice”, while renowned scholars signed a legal opinion on the undemocratic anti-BDS resolution of the City of Vienna.
More than two months after the hearing, activists from BDS Austria are still waiting for a judgement from the Commercial Court of Vienna. Nevertheless, BDS Austria won't be silenced. They recently shared a strong message in an interview to the anti-SLAPP task force Protect the Protest:
"continue doing the work, build networks, and seek international support.”
Now is time to reinforce the pressure and show the City of Vienna that it cannot keep silencing lawful and legitimate activism! Write directly to the Mayor of Vienna and ask him to end this undemocratic lawsuit.
Please also help us amplify this action by sharing on your social media with #ViennaVisitApartheid:
- This Twitter thread, Instagram post, Facebook post
- The webpage of the emailing action
- Sign and share the petition
Thank you again for your support.
All the best
Exactly 3 weeks ago, the Commercial Court in Vienna held a hearing on the SLAPP against a Palestinian rights advocate.
One of the Municipality’s requests before the judge was an intermediary urgent measure. The decision of the judge should then have been issued within the following days of the hearing. But the activists from BDS Austria are still waiting for a decision.
Delayed Court decisions are often observed in SLAPPs and this aims to intimidate the activists. BDS Austria stands strong and along with them, we call upon you to keep the pressure on the Municipality of Vienna!
>> Please keep sharing the petition: https://www.change.org/p/municipality-of-vienna-support-palestinian-rights-advocates-in-austria-facing-unjust-lawsuit
>> and the crowdfunding page to support the activists facing legal costs: https://donorbox.org/bds-austria-v-vienna-city-council#info
Thanks to your support, we have now reached more than half of our objective!
In the meanwhile, human rights expert and emeritus professor of public international law Wolfgang Benedek published an op-ed against SLAPPs in Austria, mentioning the case: https://www.kleinezeitung.at/meinung/6100777/Aussensicht_SLAPPKlagen_Die-Meinungsfreiheit-ist-bedroht
Today was the hearing at the Commercial Court of Vienna. Supporters of the Palestinian rights advocate gathered in front of the Court.
Lawyer Elisabetta Folliero presented the petition signed by more than 1500 people to the Court.
She submitted 22 documents including the ELSC legal opinion on the anti-BDS motion of Vienna.
The decision of the Court is expected in the coming weeks. We'll keep you posted! Thank you for your support.
On 25 January 2022, Europeans Jews for a Just Peace (EJJP) sent a letter to the Mayor of Vienna, urging the Municipality to drop its lawsuit against a Palestinian rights advocate member of BDS Austria.
The hearing will be tomorrow afternoon in Vienna.
Let's keep amplifying the crowdfunding page and the petition to support the activist!
The Electronic Intifada wrote about the case in an article published yesterday: https://electronicintifada.net/blogs/adri-nieuwhof/munich-anti-bds-policy-illegal-german-federal-court-rules
Let's keep spreading the word!
So far, 24 people have donated to support the BDS Austria activist. Thanks to your support, we have now reached 1.350 €. Let's keep sharing the crowdfunding page so we can achieve our goal of 5000 € and help the activist covering his legal fees!
Sign the petition here: https://bit.ly/ViennaApartheid