The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, conducted a visit to Germany from 13 – 17 October 2025, during which he focused on issues related to migration and asylum and on freedom of peaceful assembly and expression in the context of protests in relation to Gaza. He also addressed related concerns regarding racism and discrimination, in particular antisemitism and anti-Muslim hatred. He expresses his gratitude to the authorities of Germany for their welcome and cooperation, as well as for the open discussions during the visit.
The Commissioner welcomes the German government’s consistent support for multilateralism and international cooperation, which are vital elements to protect and promote human rights throughout the Council of Europe region and beyond.
Concerning migration and asylum, the steps taken by the authorities to implement the EU Pact on Migration and Asylum were a focus of the discussions. With the draft legislation to transpose the Pact into domestic law currently before the parliament, the Commissioner recalls the importance of including directly in the law clear provisions for independent human rights monitoring in connection with screening and asylum border procedures. The experiences of the National Mechanism for the Prevention of Torture and the German Institute for Human Rights when creating this mechanism should be built upon. The Commissioner notes the importance of the draft law in ensuring that asylum seekers can benefit from all necessary procedural safeguards, and that both asylum seekers and those faced with return are housed in appropriate reception facilities.
Repeated concerns were raised during the visit regarding asylum seekers being refused entry into Germany by federal border police, without an individual asylum procedure, and with little or no assessment of individual vulnerabilities. Noting a judgment by the Berlin Administrative Court of 2 June 2025 which found a forced return of three Somali asylum seekers unlawful, the Commissioner reiterates that access to asylum and to individualised procedures in border settings are crucial to fulfil states’ obligations as regards the prohibitions of refoulement and of collective expulsion.
The Commissioner discussed concerns about the situation of approximately 2,000 Afghan nationals currently stranded in Pakistan, as part of the two humanitarian admission programmes put in place by Germany since 2021. He encourages the government to process these cases as swiftly as possible in full respect of the human rights of the impacted individuals.
Turning to the other aspects of the visit, the Commissioner is concerned about the significant increase in antisemitism in Germany and across Europe. He reiterates the importance of effectively tackling antisemitism using multiple tools.
However, he observes that in Germany as elsewhere, the distinction between what constitutes legitimate criticism of Israel and what constitutes antisemitic hate speech has become increasingly blurred, including due to a misapplication of the working definition of antisemitism of the International Holocaust Remembrance Alliance (IHRA), leading to undue restrictions of the right to freedom of expression. The Commissioner considers that the increased attention given to policing and criminal law must continue to be matched by an ever-strengthened focus on fostering dialogue, and long-term support of and investment in awareness-raising, Holocaust remembrance and educational initiatives.
The Commissioner is further concerned about the surge in anti-Muslim hatred in Germany in recent years and urges the authorities to address this phenomenon effectively.
Following up on his letter to the authorities of 6 June 2025, the Commissioner raised the issue of restrictions to various forms of protest and reports of excessive use of force by law enforcement officers during protests, in the context of the war in Gaza, including in Berlin. The Commissioner notes that force should only be used as a last resort, when all other means have been exhausted and strictly only when necessary and proportionate to the legitimate objective, in line with the principles of precaution, non-discrimination and accountability. In this regard, the Commissioner draws attention to the very valuable guidelines on freedom of peaceful assembly by the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights.
The Commissioner’s further detailed observations on the issues set out above are forthcoming.
On the occasion of his visit to Berlin, on 16 October, the Commissioner presented his new book “The Unheard 12 Million - The unstoppable voices of Roma and Traveller Women” at the European Roma Institute for Arts and Culture (ERIAC) Gallery Space, which is also the first host outside Strasbourg of the travelling photo exhibition accompanying the Commissioner’s book.
During his visit to Germany, the Commissioner met with the Federal Minister of the Interior, Alexander Dobrindt; the Federal Minister of Justice and Consumer Protection, Dr Stefanie Hubig; several members of the German delegation to the Parliamentary Assembly of the Council of Europe; the Federal Government Commissioner for Human Rights Policy and Humanitarian Aid, Prof. Dr. Lars Castellucci; the Federal Government Commissioner for Jewish Life in Germany and the Fight against Antisemitism, Dr Felix Klein; the Vice-President of the Federal Agency for Migration and Refugees, Katrin Hirseland; the Independent Federal Anti-Discrimination Commissioner, Ferda Ataman; the Vice President of the Berlin Police, Marco Langner; and the Head of the Berlin State Police Directorate, Roman Seifert.
The Commissioner met with the German Institute of Human Rights, UNHCR Germany, the Secretariat of IHRA, and held extensive discussions with civil society on the issues of focus during the visit.