Last year, in cooperation with the Munich Foreigners’ Advisory Council, Hamado Dipama conducted a test action in 25 Munich nightclubs and discos on April 19, 2013 and April 20, 2013 with six friends of different origins and with the journalist IsabelIe Hartmann from Bayerischer Rundfunk. The result was devastating. Of the total of 25 clubs and discos visited, the campaign participants of African and Turkish origin were granted admission to only 5 of the 25 venues, while the comparison persons were admitted to every club without exception. Now the Munich District Court has come to the astonishing conclusion that there is no evidence of discrimination against the plaintiff Hamado Dipama. The Munich Foreigners’ Advisory Council has issued the following press release on this scandalous court decision.
Foreigners’ Advisory Council of the CITY OF MUNICH
Nükhet Kivran, Chairwoman
Burgstr.4 80331 Munich
Phone: 233- 9 25 58
Fax: 233- 2 44 80
Press Release
Munich, July 30, 2014
Trials against racism in Munich nightlife: Controversial and Scandalous Court Decisions of the Munich Local Court
After the end of the hearings of five of the six trials against the racist admission practices of Munich discotheques, the district court has announced decisions in two trials.
On the one hand, the district court issues the following instructional order: “Based on the evidence taken so far, the court is of the opinion that it appears to be more likely than not that the plaintiff was denied admission to the defendant’s discotheque on the basis of his skin color. In this respect, the plaintiff benefits from the facilitation of proof of § 22 AGG…”
Second, the court, through another judge, issues the following final judgment: “1. The action is dismissed. 2. order the plaintiff to pay the costs of the proceedings.
The admissible action proves to be unfounded. After a thorough evaluation of the evidence gathered, the court concludes that there is no evidence of discrimination against the plaintiff. The court is also unable to find sufficient auxiliary facts within the meaning of § 22 AGG to presume that the plaintiff is likely to be discriminated against…”
It is incomprehensible that the court or the judge does not consider any of the facts proven by Hamado Dipama and the 6 witnesses as sufficient evidence of discrimination. Only in this way could a reversal of the burden of proof have taken place. Instead, the untruths presented by the other side were believed.
The following opinion of the court or judge proves it (quoting from the judgment): “The court did not fail to recognize that the defendant admitted that the bouncers served the plaintiff with an inaccurate reason for the refusal. In principle, negative conclusions for the defendant can be drawn from such a “lie”, also with the consequence of the reversal of the burden of proof in the context of § 22 AGG.[…] The court may not attach a value judgment to this approach in terms of content. What is decisive is that the court can understand the approach of the bouncers from their point of view. Therefore, the court cannot draw the conclusion from the untruthfulness of the allegations of the opposing party in the sense that the bouncers predominantly wanted to cover up that the skin color of the plaintiff was at least partly causative.”
This verdict is a scandalous decision for Hamado Dipama and for all those who actively act for a society free of racism and discrimination, which the Munich Foreigners’ Advisory Council will never accept.
In this regard, dedicated lawyers have been instructed to appeal.
Now the district court is to decide!
Incident
Last year, at the request of the Munich Foreigners’ Advisory Council, I conducted a test action in 25 Munich nightclubs and discos on April 19, 2013 and April 20, 2013 with six friends of different origins and with the journalist IsabelIe Hartmann from Bayerischer Rundfunk. The result was devastating..:
Of the 25 clubs and discos visited, participants of African and Turkish origin were admitted to only 5, while the comparison persons were admitted to every club without exception!
People of non-German origin are discriminated against in many areas: In the housing market, when looking for a job, in schools and education, and also in nightlife.
I filed a complaint against the six most serious cases on the basis of the General Equal Treatment Act in an attempt to ensure that everyday racism is finally seriously addressed and combated.
Interview partner is: Hamado Dipama
: dipama@panafrikanismusforum.net