The Higher Regional Court in Naumburg ordered a retrial of Christian Democratic Union (CDU) politician Detlef Gürth on charges of inciting hatred against Afghans. The decision came after the court accepted the public prosecutor’s appeal against the previous acquittal of Gürth. The Higher Regional Court referred the case to the Aschersleben District Court for a new hearing.
Remarkably, Gürth had previously been tried on charges of inciting hatred against Afghans but was acquitted. The case stemmed from a social media post in which he described Afghans as a “herd” and wrote: “This group should leave Germany.” He also welcomed the killing of the attacker by the police after a knife attack carried out by an Afghan refugee in Wolmirstedt in mid-2024, which left a fellow Afghan dead and three others injured before the assailant himself was shot dead by the police.
The Aschersleben District Court acquitted Gürth, who was the former President of the Saxony-Anhalt State Parliament, of charges of incitement to hatred in March 2025. The court found that Gürth’s statement was morally reprehensible but did not violate the human dignity of Afghans living in Germany. This means he did not commit a criminal offense.
The Public Prosecutor appealed the ruling before the Supreme Court. During the preliminary proceedings, the Public Prosecutor’s Office had requested that Gürth be fined 18,000 euros. The Supreme Court found that the acquittal was not based on a sound legal assessment of Gürth’s statements.
Earlier, the District Court had ordered the parliamentarian to pay a fine of 18,000 euros at the request of the Public Prosecutor. However, his lawyer objected to the fine. The District Court judge criticized the objection and ordered the case to be referred to trial.
According to the Public Prosecutor’s Office, describing Afghans as a “herd” constitutes an attack on the human dignity of all Afghans residing in Germany. Gürth rejected this argument, claiming that his statement was general, spontaneous, and not directed at any specific group. He further stressed that his remarks were focused on criminal foreigners.
Gürth also admitted that his statement was inappropriate, saying, “The post should not have been worded this way, as it could be misunderstood.” He added, “I don’t want any applause from right-wing extremist idiots.” Gürth noted that the knife attack on citizens and police had weighed heavily on him.
