Fact Check: Elon Musk's criticism of the German judiciary is unfounded

A German politician's comments about migrants on social media platform X, made after an Afghan national committed a violent crime in a small German town, led to a court-issued fine. The court's actions received criticism online, which caught the attention of billionaire and X owner Elon Musk.

The original postfrom November 14, which was shared by Musk on X, was viewed more than 20 million times by the time this article was completed. The repost by Musk garnered almost as many views. DW Fact Check took a closer look at the post's claims about the case of conservative German state politician Detlef Gürth.

Claim: The post on X states: "German politician Detlef Gürth was fined €18,000 for posting this: 'We feed them (migrants), they stab us.' In the West, you are no longer allowed to say anything."

DW Fact check: False

Detlef Gürth has been a member of the state parliament of Saxony-Anhalt since 1990 and was its president from 2011 to 2015Image: Klaus-Dietmar Gabbert/dpa ZB/picture alliance

The penalty for the member of the Christian Democratic Union (CDU) was issued by the Aschersleben District Court not solely because of the cited sentence. The statement that Gürth had posted on X was longer and made racist remarks about migrants.

The Magdeburg Regional Court, responsible for press inquiries, explained to DW: "The subject of the penalty order is not just one sentence. It is about the overall impression of several sentences from the so-called 'tweet' of 15.06.2024."

So, what exactly did the post say? In the now-deleted but still accessible postDetlef Gürth wrote: "Good that the police shot this cowardly, devious Afghan. We feed them, and then they murder innocent people. This pack must be removed from Germany."

This post on X might cost the conservative politician Gürth €18.000Image: X

The CDU state parliament member and former president of the state parliament of Saxony-Anhalt was referring to the knife attack by a 27-year-old Afghan in June in Wolmirstedt. The man had broken into a property in a residential neighborhood and attacked three people at a private Euro 2024 party with a knife. He had previously attacked another Afghan, who later succumbed to his injuries.

"All elements of incitement to hatred"

In the opinion of the Halle public prosecutor's office, the statements legally fulfill "All the characteristics of incitement to hatred." As the central office in Saxony-Anhalt, the Halle public prosecutor's office is responsible for combating hate crime on the internet. The Aschersleben District Court agreed with the public prosecutor’s assessment and issued a penalty order of 90 daily rates of €200 each.

The Magdeburg district court did not wish to comment on further issues in the Gürth case for the time being, as the proceedings have not yet been concluded and the verdict is not yet legally binding. Gürth can still appeal. The 62-year-old has already announced that he will do so.

Edited by: Rachel Baig