Judge in Gera accused of xenophobic rulings and statements

Bengt Fuchs, the former vice president of the Gera Administrative Court, is being prosecuted at the Thuringian Justice Center in Gera, where serious allegations are being made. The Gera Public Prosecutor's Office has filed charges against him for allegedly posting a comment on Facebook in 2019 that is considered incitement to hatred. The comment refers to another user's post and falls under the offense of incitement to hatred under Section 130 Paragraph 1 No. 1 and No. 2 of the Criminal Code (StGB), which is punishable by imprisonment of three months to five years.

Background to the proceedings

The charges were filed in April 2025 and concern an incident from 2019. It is alleged that Fuchs made a Facebook comment that defamed foreigners in a derogatory manner. The public prosecutor's office classified this comment as a serious attack on social order, particularly given Fuchs's position as Vice President of the Gera Administrative Court. For these reasons, the case was referred to the Gera Regional Court, as he is a high-ranking official in public life.

Racist and discriminatory statements

The allegations against Fuchs, however, go even further. As early as 2024, it became known that Fuchs had been alerted to racist and homophobic statements in various online forums of student associations, which were published in a dossier by the Autonomous Antifa Freiburg (AAF). As an "old boy" of the Göttingen fraternity Salia Jenensis, he is said to have repeatedly made derogatory comments toward foreigners and migrants.

Furthermore, in his role as an administrative judge, Fuchs was responsible for deciding numerous asylum cases. Reports suggest that in his role as a judge, Fuchs made only a very small number of positive decisions in favor of foreign applicants—only around 0.5 percent of his decisions are said to have been in favor of migrants. This raises questions about his attitude toward migrants.

Political implications and independence of the judiciary

The charges against Fuchs are not the first incident to call into question the independence and neutrality of the Gera Administrative Court. The court's president, Michael Obhues, is already facing his own accusations. It has been reported that, as chairman of the 1st Chamber of the Gera Administrative Court, Obhues allegedly made a number of decisions in favor of neo-Nazi groups and right-wing demonstrations. Although Obhues stated that the chamber's jurisprudence regarding assembly was always in line with the freedom-affirming jurisprudence of the Federal Constitutional Court, these reports nevertheless shed light on the political orientation of the judiciary in Thuringia.

Fuchs's past conduct also attracted the attention of the Thuringian Refugee Council, which filed criminal charges against him and another judge earlier this year. However, the public prosecutor's office initially declined to pursue the charges in this case as well. The Gera Administrative Court itself described the allegations as unfounded and emphasized that the long-standing conduct of its judges had not given rise to any disciplinary complaints.

What's next?

If charges are brought, the trial against Fuchs will take place at the Justice Center in downtown Gera. The outcome of these proceedings could have far-reaching consequences for the credibility and independence of the judiciary in Thuringia, particularly when it comes to upholding the rights of migrants and asylum seekers. A ruling on the admission of the charges by the Gera Regional Court is still pending, and it remains to be seen how the court will handle the case.

This case clearly demonstrates how important it is for judges in Germany to act not only impartially, but also respectfully and neutrally toward all sections of the population. Trust in the judiciary could be seriously undermined by such cases, especially if there is a perception that racism or prejudice influences decisions.