The Berlin Administrative Court has upheld a police ban on displaying flags linked to Russia, including the flag of the USSR, at the Soviet Memorial in Treptow on 8–9 May 2025, according to Tagesspiegel. The decision was issued in summary proceedings ahead of the 80th anniversary of Germany’s liberation from National Socialism and the end of World War II. The decision comes amid the ongoing Russian invasion of Ukraine.
In Russia, 9 May is also observed as Victory Day over Nazi Germany. The Berlin police had issued a general ruling prohibiting the display of all symbols associated with Russia at memorial sites during these two days. The ruling was appealed in an urgent application, claiming it allegedly restricted freedom of assembly by banning Soviet-era flags.
The First Chamber of the Administrative Court rejected the application. The court stated that the aim of the police ban was to preserve public peace and ensure a dignified commemoration. In the current geopolitical context, the court argued that the USSR flag could suggest a willingness to use violence or sympathy for Russia’s war against Ukraine.
While the court acknowledged that the USSR flag does not automatically equate to support for Russia, it ruled that under current conditions, its display is reasonably interpreted as expressing solidarity with Russia’s aggression, which would be inappropriate on remembrance days.
The ruling allows for an appeal to be filed with the Higher Administrative Court of Berlin-Brandenburg.
