Huanqiu Shibao reports Cologne Labor Court Decision

The following is a translation from an article by nationalist paper Huanqiu Shibao, of February 29. I feel that I either didn’t understand certain sections of the article correctly – particularly the last line, about “religion” -, or that there have been misunderstandings in the communication between Huanqiu Shibao and Deutsche Welle (Voice of Germany).

By correspondents Guan Kejiang (管克江) and Huang Fahong (黄发红), in Germany.
Last year, four journalists of the “Voice of Germany’s” Chinese department who had upheld journalistic standards had been expelled which led to broad public condemnation. As interested parties, Wang Fengbo and Zhu Hong sued the “Voice of Germany” for violation of the labor law. “Global Times” reporters learned that, following a lost court case at a local court in Bonn last year, their case was dismissed at Cologne local court on February 13.  Wang Fengbo told “Global Times” that he had been mentally prepared for losing the case, but hadn’t expected that the judge, during the proceedings, would simply defend the “Voice of Germany”, saying that “provided that the Voice of Germany suspects its employees of being Communist elements, it can expel them without proof”.

去年“德国之声”中文部将坚持新闻原 则的4名华人记者开除而广受谴责。作为当事人，王凤波和祝红两人以违反劳动法为由将“德国之声”告上法庭。《环球时报》记者近日获悉，继去年3月在波恩地 方法院败诉后，今年2月13日，他们在科隆地区法院的上诉也被驳回。王凤波对《环球时报》记者表示，对败诉的结果有思想准备，但没想到的是法官在庭审过程 中一味为“德国之声”辩护，称“只要德国之声怀疑它的员工是共产分子，那么无需证据就可将他们开除”。

Wang Fengbo says that the judge, Mrs. Olesch, said that the “Voice of Germany” belonged to the public-service system, and if staff is proved to be “a Communist element”, expelling him or her is appropriate, and “even if there is the suspicion, it constitutes sufficient reason for expulsion”. The plantiffs’ attorney asked the judge: “How can it be that this suspicion doesn’t require evidence?” The judge categorically emphasized: “It doesn’t matter! Provided that a person is seen as a Communist element or sympathizer, there is no need for evidence. He or she can be expelled!” The judge expressed this view at least three times.

王凤波说，科隆地区法院法官奥勒施女士在审案过程中宣称，“德国之声”属于公共服务机构，如果员工被证明是“共产分子”，将其开除是正确的；“即使只是产 生了怀疑，也构成开除的理由”。原告律师追问女法官“难道这样的怀疑不需要有证据吗？”女法官斩钉截铁地强调：“无所谓！只要在想象中某个人是共产分子或 者同情共产分子，不需要证明，就可以将其开除！”女法官在庭议中至少三次表达了这样的观点。

Wang Fengbo said that the expulsion of the four journalists was closely related to the “Zhang Danhong affair” of 2008. During the thirty-minutes hearing, the judge didn’t listen to any background statements, and reduced the plaintiff and his facts about the “Voice of Germany” to silence, and took the position of a defender of the sued organization.

王凤波说，他们4名华人记者被开除同2008年“张丹红事件”有密切联系。法官在审理的30分钟时间里，不听取任何背景陈述，当原告用大量事实将“德国之声”驳得哑口无言时，法官反而站在被告立场为其辩护。

“Huanqiu Shibao” contacted Mrs. Olesch by fax, to check if she said that suspicion of being a “Communist element” was a basis for settling a lawsuit. On Februry 27, the reporter asked her secretary, who said that she “couldn’t find the fax”. After the reporter asked for an interview several times, the “Voice of Germany” told him that the four Chinese journalists’ working contracts had been “ended because of budget adjustments, it was never said that they had any connection with the Communist Party”.  The person in charge said that according to German law, the “Voice of Germany” is “no for-profit organization. It has its own fixed values and religious orientation.

《环球时报》记者26日向奥勒施法官发送传真，查证她是否以“共产分子怀疑论”做为断案依据。27日发稿前询问她的秘书，对方称“找不到传真件了”。在记 者多次致电要求采访后，“德国之声”28日对《环球时报》记者称，解雇和4名华人记者的劳动合同“是调整预算的需要，从未说过他们和共产党人有任何关 联”。该负责人称，根据德国法律规定，“德国之声”不是盈利性机构，有自己固定的价值观和宗教观取向。

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Note

Some of the comments – at least among the latest – appear to be rather sympathetic to Deutsche Welle. I might look closer at them tomorrow (if they last until then), and only took a screenshot for now.

One of the latest, on March 1, 05:45 local time:

Abroad, when you say you are Chinese, they will welcome you. When you say that you are [a Communist element],  they will look at you with disgust, just as if they were looking at a red-assed monkey.

在国外，你说自己是中国人就受欢迎，你要说自己是拱档分子，人们立即用厌恶的眼光看着你，如同看一个光着身子的红屁股猴。

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Related

» When your Employer suspects…, Febr. 18, 2012

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Tags: China, Communist Party of China, Deutsche Welle, feelings, Germany, image, industrial relations, international, journalism, media, propaganda, religion