View Single Post
Old April 29th, 2013 #39
Alex Linder
Administrator
 
Join Date: Nov 2003
Posts: 45,756
Blog Entries: 34
Default

In Germany You Can Lose Your Job & Go to Jail for Translating A Book Questioning the Hollywood Version of World War II
http://www.radicalpress.com/?p=2392



“To secure the victory, beside the necessary occupation of the enemy nation and the sentencing of the elite in war crime trials, it is most important to impose on the conquered a re-education program. The means are: to implant into the brains of the conquered the presentation of history from the viewpoint of the victors. It is important to transfer the moral categories of the war propaganda into the consciousness of the vanquished. When the war propaganda of the victors is written up in the history books of the vanquished and is believed by the successive generation only then can re-education be looked upon as having been a success.”
~Walter Lippman, President Woodrow Wilson's propaganda minister

[Editor's Note: To my knowledge this is the first English translation of the trial of Guenter Deckert translated from the original report of German lawyer Sylvia Stolz. I am deeply indebted to the dedicated efforts of my colleague Christine B. Miller for translated the text of the trial into English so that the West can now get a much fuller idea of the scope and degeneracy of the current German justice system.

To say the very least what we are witnessing here in the manner in which Guenter Deckert was treated by the German judiciary and the Zionist media is beyond comprehension for anyone who still adheres to the notion that law is somehow connected to both reason and logic. After reading this long and interesting report one cannot fail to realize that Germany is now firmly held in the claws of the Zionist power machine. Walter Lippman's prognosis for brainwashing those defeated in war appears to have come true.

All that said though, here in Canada with the current "Hate Crime" laws like sec. 13 of the Canadian Human Rights Act and sec. 319(2) of the Canadian Criminal Code, we're not really that far away from being a full-blown Zionist Occupied nation as well.

It must also be clearly understood that the German media and the Canadian media are both controlled by the Zionist Jew criminal cartel just as the British, the French and the American media also are and if a person gives sufficient thought to the success of the victors in the case of Germany they can also extrapolate for there to any other nation where the media is in the hands of the oppressors and the manufacturers of "Hate crimes".

This is an important document for anyone interested and concerned about freedom of speech and freedom of expression. Please take the time to read it and also consider passing it on to as many other websites as you can. The world needs to be fully aware of the collective danger posed by political Zionism in order that steps can be taken to dismantle this global, power-crazed entity before our collective health, welfare and security are all destroyed. Arthur Topham/Editor/Radical Press]


The Trial of Guenter Deckert

By Sylvia Stolz

Translated from the German language
by Christine B. Miller


"A prison sentence will not force me into believing."
~ Guenter Deckert


"When I have doubts I demand the right to express them …They talk about tolerance, but mean the inquisition. … The hunt to find incorrect literature pretending to fight crime. For a short time people can be intimidated by the threat of punishment, but the brain continues to reason."



Thus spoke Guenter Deckert in his final comment at his sentencing February, 2012 in front of the state court Mannheim. The report of his trial follows.

Since January 2, 2013 Guenter has been in prison on account of aiding and abetting so-called Holocaust denial. We accompanied him on his journey to prison and took leave of him at the Mannheim prison gate.

We expressed our thanks for his courage and his commitment to freedom, justice and truth. We will always remember that. The day will come when the Germans and other people will appreciate his zeal.

He is supposed to be released May 2013. We will be there waiting for him starting at nine o’clock.

Address: Herzogenriedstrasse 111, 68169 Mannheim. Whoever wants to be there and greet him is cordially invited.


Mannheim Prison, Germany

The Opinion Terror

By Sylvia Stolz


Lawyer Sylvia Stolz

A prison sentence for doubting the “Holocaust.”

No probation for expressing one’s opinion in these times of alleged "right wing terror.”

In these times of the “resurfacing” of right wing extremism which, without question, is due to the criminal deeds of the alleged “NSU”, Holocaust denial constitutes a considerable danger for public peace.

Guenter Deckert, former high school teacher, on February 2, 2012 was sentenced by the state court of Mannheim to a prison sentence of six months without probation on account of aiding and abetting so-called Holocaust denial. As well, because of the “radical” law and in spite of high evaluations he was dismissed from his high school teaching job in November, 1988 in the State of Baden-Wuertenberg and was denied his pension.

He is charged with having cooperated in the translation into German of the book by Carlo Mattogno, Auschwitz – the First Gassings, Rumors and Reality (December, Castle Hill Publishers.)


Author & Historian Carlo Mattogno



On July 28, 2010 Guenter Deckert had been sentenced by the lower court of Weinheim to a prison term of 4 months with probation. The charges were: promotion of incitement of the public by means of Holocaust denial and defamation of the memory of the dead. (&&130 III, IV, 189 STGB-BRD. Aktenzeichen: 2Ds 503 Js 14219/08 – AK 579/09).

The prosecutor appealed and on February 2, 2012 the sentence by the state court of Mannheim was increased to six months without probation. Guenter Deckert’s appeal was thrown out (Aktenzeichen: 12Ns 503 Js 14219/08)

Many people in the BRD (Germany), the BRO (Austria), Switzerland, France, Spain, Greece and other countries have been sentenced because they denied or doubted the Holocaust when defined as systematic genocide. At times very high prison sentences have been handed down. For example the sentence against lawyer Horst Mahler.


Lawyer Horst Mahler

The Holocaust is not defined

During his appeal Guenter Deckert wanted to know the concrete facts which he, according to the accusations, deliberately ignored and the truth he contested. He received no answer.

It is especially telling that the so-called “Holocaust” is not legally defined (This is against the principal of the penal law). In the first trial no concrete facts as to the place of the crime, the methods of killing or other proofs, directly or indirectly presented in the findings of other trials, were presented.

Concerning his denial the court pointed to &130 section 3StGB , &6 section of the international penal law which defines genocide as being when a member of an ethnic or religious group is killed with the intent to destroy or partially destroy the whole group. According to &130 section 3StGB i.V.m &6 section VStGB people can be punished who deny that under the rule of National Socialism, without knowledge or intent of the German Reichsregierung, a Jew, by someone or another (even by a non-German), had been killed with the intent to partially destroy Jewry as an ethnic and religious group.

"Known to the court” to be challenged"

Guenter Deckert at the beginning of his appeal made the following motion:

"I move for the court to discuss point by point the principles on which the court rests its “known to the court” facts which, since the beginning of the Seventies of the Twentieth Century, generally go under the notation “Holocaust.”

The court should establish if and how far the persons who are called to judge have knowledge of these “facts” or only base their judgment on hearsay or secondary literature."

Before coming to a decision about this motion the court should take into consideration the resolution by the petition caucus of the German Bundestag (upper house) Pet 12-4-07-45-5699 Deutscher Bundestag 12. election period – print 12/2849.

An excerpt: During a main trial the court is duty bound to discuss those facts of which the court has taken judicial notice in order to give the accused the opportunity to contest them. In addition it has to be acknowledged that “known to the court” does need to exist in perpetuity or has to remain unchanged. New information might have been gotten and new events might have happened which will bring about a different conclusion. If the accused presents such circumstances which in the past have not been mentioned or discussed the “known to the court” can be challenged and new proofs concerning these facts have to be considered. In this way the accused and his defender have the possibility to counter “it is known to the court.”

The decision concerning “it is “known to the court” & 244 lies therefore exclusively in the hands of the court in question and is subject to the principle of independence in respect to judges. It is also possible that in individual cases a different judgment may be the result."

Judgment based on the media


Concerning “it is known to the court” the following decisions have been made: (…)

The county court Bernau presided over by the female judge Kroh rejected the motion to discuss the principles of “known to the court,” stating that the facts and the legal situation were the same. She simply gave judicial notice that during the National Socialist (NS) period, the genocide of the Jews in gas chambers located in the concentration camps happened.

The 3. Senate of the Bavarian state court rejected the motion concerning “the Holocaust is a fact, known to the court” with the pronouncement that it does not have any doubts as to the reality of the Holocaust, referring to the accessible and common information in words, pictures, and sound. (decision 1/14/2011, Bay AGH II – 27/09). The motion of the defense to challenge which material the senate based its certainty of “known to the court” was denied citing material in newspapers, on TV, in reference and history books (decision 2/8/2011).

The judiciary degrades itself to a grotesque caricature if it bases its judgments on the media and TV. Judiciary contains the word justice. It does not deserve its name.

No actual facts

It is worthy of notice that the so-called Holocaust is not legally defined and facts are avoided. In & 130 StGB-BRD which is used to convict “Holocaust deniers” the so-called Holocaust is not defined. It is not even mentioned.

The sentencing of Guenter Deckert in the first instance at the local court in Weinheim contains no determination of the crime of “Holocaust denial”. In other words there is no determination of the Holocaust in regard to the place of the crime, the methods of killing, the number of the dead, the time frame, the perpetrators, the bodies, no deposition taken of the witnesses, no proof of the intent by National Socialism to completely or partially exterminate the Jews. There is no determination about decisions, planes, orders or documents not even in the form of references to other judicial sentences.

In addition there is no determination of the knowledge the accused had, or is supposed to have had, or must have had, or could have had.

As long as the courts do not name the location on which the mass murder was suppose to have happened; as long as the courts do not describe how the killing was done; as long as the courts do not mention any proofs; a judgment that mass murder has occurred is not possible. The same is the case for “it is known to the court.”
Without submitting proof as to actual facts a sentencing for Holocaust denial is not valid.

Without the determination of what knowledge of the so-called Holocaust the accused had or could have had, the charge that he acted against his better knowledge is void.

If the above mentioned points are not addressed a sentencing for the denial of the Holocaust is arbitrary and a corruption of the law.

A defense is not possible


The refusal by the judiciary to bring up for discussion the principle of “it is known to the court that the holocaust happened” makes any defense impossible. Not knowing the concrete facts on which the accusation is based emasculates the defense. The law used to sentence an accused without the defense being able to challenge “it is known to the court” defeats the ends of the law.

“The Holocaust as fact is known to the court.” Which facts however the court knows are not stated.

For example: Dr. Martin Broszart, director for the federal Institute fuer Zeitgeschichte published the following: “Neither in Dachau, nor in Bergen-Belsen, nor in Buchenwald were Jews or other inmates gassed.” (Die Zeit, 8/19/1960, p 16). On the other hand there are publications which talk about the gassings in Dachau, Bergen-Belsen and Buchenwald. Which of the two is, according to the judiciary, “…known to the court?” Is it “known to the court” that inmates were gassed at Dachau, Bergen-Belsen and Buchenwald, or is it “… known to the court” that nobody was gassed at Dachau, Bergen-Belsen and Buchenwald? Both cannot be “… known to the court.”

An entire event such as the so-called “Holocaust” can only be undisputed (facts known to the court) when the individual events are undisputed (facts known to the court).

The history Professor Dr. Gerhard Jagschitz of the Institute for Contemporary History at the University of Vienna wrote the following expert opinion: “Substantial doubts about the trials in question have been raised by the presentation of expert opinions to national and international courts. The relentless repetition of judgments using “ facts known to the court,” namely that the Jews were killed by gas in the concentration camp of Auschwitz, will not be enough on which to base sentencing in a democratic nation which is supposed to be founded on justice and right.” (letter to the state court Vienna, January 10, l991, AZ:26b Vr 14 184/86)

The Ruhr –Nachrichten (Bochum) No. 277 (November 29, 2005) printed a citation by the Israeli writer and musician Gilad Atzmon: “The historiography known to us about WWII and the Holocaust is a complete falsification initiated by the Americans and Zionists.”
Is the Holocaust indisputably “a fact known to the court” or is it indisputably “a fact known to the court” that the Holocaust is frequently challenged and therefore can not be “a fact known to the court?”
It is therefore illogical to call a certain alleged historical event which is frequently contested as “a fact known to the court,” a concept which the authorities then use to persecute and penalize the “deniers.”
Abuse of procedural rights
After reading the motion Guenter Deckert wanted to know what he has to accept as “facts known to the court.” The prosecutor, Andreas Grossmann replied (11/14). “That you will find out during sentencing.” During the sentencing however nothing was said.
The chairman, Ross, decreed to postpone the decision concerning the motion. He said: first principles have to be established. Prosecutor Grossmann remarked (January 13, 2012) that the motion only will be dealt with after the pleading. The purpose became obvious when (January 13, 2012) the motion was denied. In the meantime Guenter Deckert took up his case again. In order to show that the “facts are known to the court” must be fully discussed he described in detail circumstances and facts which made him doubt the “Holocaust.” For example he mentioned Dr. Benedikt Kautzky who, for seven years, was in German concentration camps among others, in Auschwitz-Birkenau, and who wrote that in no camp did he ever see a gas chamber.
The chamber denied the motion to discuss “facts are known to the court“ (chairman - Roos, jurors-Wolfgang W. and Helmut M.) using, among other arguments, the reason, “the Holocaust defined as mass killings of Jews especially in the gas chambers of the concentration camps during WWII is “a fact known to the court” (January 13, 2012). The Holocaust as historical event is considering evidence beyond discussion.”
“The facts are known to the court” is not to be discussed because “the facts are known to the court” is a circular argument which is incompatible with logic and beyond reason and the principles of justice.
The resolution goes on to accuse Guenter Deckert of abusing procedural rights. The need for proofs is not applicable since Guenter Deckert's demands in that regard, during the main trial, are only designed to involve the court in order to spread his revisionist ideas. This is obvious from his presentation in which he declared that “facts known to the court” needs to be discussed.
According to the court it is an abuse of the justice system when an accused, before being sentenced, tries to move the court to examine the facts of which he is accused.
The resolution furthermore implies that the chamber considers the discussion which forms the basis of the accusation as “court research” to which the accused is not entitled.
The court in this resolution has obviously ignored the laws of reason.
On one hand the court looks at the motion to discuss “the Holocaust, a fact known to the court” (contrary to what Guenter Deckert has said) as a move for proof, on the other hand, in contradiction to this, as a motion to obtain “court research”. The motion however implies neither one nor the other.
Historical facts are deliberately ignored
The resolution further states that Guenter Deckert deliberately ignores historical facts and obstinately refuses to accept the truth.
Reacting to the resolution (January 13, 2012) Guenter Deckert moved (February 2, 2012) that the chamber communicate the following:
According to the court’s knowledge "the 'Holocaust' is a fact” in which concentration camps and gas chambers existed.
According to the court’s knowledge in what ways did additional killings take place?
According to its knowledge what were the number of victims?
According to the court’s opinion which facts of the so-called Holocaust have I ignored and accepted?

Since the prosecutor and the court have not produced any facts in regard to the accusation I cannot know which facts I supposedly ignore.

I made the motion to discuss the principles of the “Holocaust is a fact known to the court” in order to be able to defend myself against the accusation of Holocaust denial. I stated in detail that the court is duty bound to discuss their determination that the “Holocaust is a fact known to the court.”

In addition I have pointed out that there is no concrete definition of the so-called Holocaust.

Furthermore no determination has been made about which knowledge of the so-called Holocaust I had or was supposed to have had or could have had.

In the resolution of January 13, 2012 the so-called decision does not contain any determination to the circumstances and “it is known to the court,” nor are there any references.

Without defining the deed in question a sentencing for Holocaust denial is not possible.

Without determining which concrete knowledge the accused had about the so called “Holocaust", or could have had, an accusation to have acted against his better knowledge is void, and therefore a sentencing for denying the truth is not possible.

What is “fact known to the court”

During my argument I presented facts which show that there is a need for a discussion about “fact known to the court.”

“Known to the court” are historical facts which by means of historical research are considered proven and everybody therefore without specific knowledge can inform himself from history books, encyclopedia and similar reference books (Alsberg/Nuesse/Meyer, proof in a trial, 5. edition, Carl Heymanns publishing house, Berlin 1983, p.539.

The acceptance of “the fact is known to the court” rests on the preliminary condition that the fact is not challenged (vglAlsber/Nuesse/meyer, a.a.O., p. 568.

If however in historiography the truth of an event is contested it does not become accepted knowledge just because much has been written about it and disseminated (Alsberg/Nuesse/Meyer, a.a.O.,P. 540).

In my motion to discuss “the Holocaust happened is known to the court” I cited examples of publications, especially non revisionist publications which prove that the Holocaust historiography is not in agreement, does not speak with one voice, is not unchallenged, and contradicts itself. The Holocaust therefore cannot be claimed as “a fact known to the court.”

A sentencing for denying the Holocaust on the basis of “the Holocaust is known to the court” is therefore not possible. I made the motion not in order to spread revisionism, as maintained by the chamber, but for the simple reason that I have been accused of Holocaust denial and that I want to use my right to defend myself.

To dismiss my motion because I intended for the court to deal with “the Holocaust is known to the court” is arbitrary. Before sentencing it is an essential duty and the task of the court to deal with the underlying facts.

It is factually and judicially not understandable why in a trial for Holocaust denial a motion is supposed to be abusive which is meant to bring clarity in regard to “a fact known to the court.”

“Fact known to the court” is in need of discussion

When a French historian, Jacques Baynac, a proponent of the Holocaust writes that for the existence of the Nazi gas chambers only the lack of documents, traces and other material proofs can be confirmed (Le Noveau Quotidien de Lausanne, Switzerland , September 2, l996, p.16 and September 3/l996, p.14) then this means that there is a need to discuss “the Holocaust is known to the court.”

Michel de Bouaerd, professor for history and dean of the faculty for the Arts and Sciences at the University of Caen (Normandy) states that the documentation concerning the Holocaust is rotten, that the documentation about the system of the German concentration camps is permeated by a mass of invented stories, relentless repetitions of falsifications, especially in regard to numbers, and confusion and generalizations (Ouest-France v. 2-3 August l986, p. 6). This again proves that there is a need to discuss “the Holocaust is known to the court.”

Historian, Professor Ernst Nolte seconds the need for a discussion of “fact known to the court. “The testimony of witnesses rests to a large part on hearsay and mere surmises; the testimony of the few eyewitness are in part contradictory and create doubts in regard to their veracity.”

The director of the Yad Vashem memorial, Shmuel Krakowski, in the same vain states (Jerusalem Post, August 17, l986): “Most of the 20,000 witnesses' testimony concerning the Holocaust are unbelievable, falsified, cannot be verified, or in other ways are not true.”

On January 13, 2012 during a pause in the proceedings (around 16:30) the chairman Ross directed the following words to me: “You would be surprised at the knowledge of history by the jurors.” But judges have to make an unencumbered decision, based on their conviction which they formed during the proceedings in question (& 261 StPO). In addition “facts known to the court” in order to be useable have to be introduced during the main trial in order to give the participants the opportunity to take a position.

It would therefore be useful if the members of the chamber would reveal their knowledge of history to the accused before they convict him on the basis of this knowledge.

If not it will remain obscure on which facts the members of chamber base their views. It (the Holocaust) is supposed to be a wrong removed from common categories and therefore &130 StGB is an exception to the prohibition of having a special law. (motion of cessation of the trial on account of the special law & 130 which is contrary to the German basic law. The motion was denied January 13, 2012)

Permanent misjudgment

The chamber misrepresents my motion. It considers it a motion for proof which is obvious from their choice of words. “The chamber is supposed to furnish proof,” “makes proof unnecessary.” “proof is also inadmissible,” “a motion for proof is inadmissible (p.2 of the resolution).”\

But it is unequivocally clear that the motion was not a motion for proof.

The motion to discuss the principle of “the Holocaust, a fact known to the court” does not mean, that the Holocaust did not happen (p. 2 of the resolution), but was a motion to examine the facts on which “fact known to the court” are based.

The chamber maintains that I contested “facts known to the court." The chamber is mistaken. I did not contest facts, but demanded the discussion of facts.

What is a circular argument?

A circular argument is to deny the motion for discussion of the principle of “fact known to the court” with the argument that a discussion is not necessary since the Holocaust is “a fact known to the court.” (p.2 of the resolution.)

The chamber misunderstands not only the meaning of a “circular argument,” but also the concept of “an established fact known to the court.” What is frequently contested can’t be “an established fact known to the court” since “an established fact known to the court” is defined as undisputed, unchallenged (see above).

It is a circular argument if I would say “the holocaust is not “a fact known to the court” because “it is not known to the court.” It is, however, not a circular argument if I say: “the Holocaust is not fact known to the court” because “known to the court” is equivalent to conformity and indisputability. The historiography of the Holocaust is not in conformity and is not unchallenged. The resolution stated by the chamber shows a lack of capacity to reason.

It is inconsequential if it happened or not

My motion of January 13, 2012 in which I stated that the incriminating book is scientifically correct was denied. The following reason was given: It does not matter if the book is scientifically correct. I am guilty since I assisted in the formation of the book.

It looks as if the chamber agrees with the view of the Mannheim court who convicted Ernst Zuendel. “It does not matter if the Holocaust did or did not take place.” The “tageszeitung (February 9, 2007, p.6)” writes about the Zuendel trial: “At the end the court denied all the motions with the lapidary reason (a shock to some of the antifascists among the audience): “It does not matter one wit if the Holocaust did or did not take place. Its denial is punishable under German law. Only this is what counts.”

It is a strange concept of justice and the law, namely, to convict somebody on account of Holocaust denial because it does not matter if or if not the Holocaust took place. It disregards all the principles underlying right and justice. The federal court promoting this view does not make it right and changes nothing.

The chamber appears to arbitrarily use a formulary in order to avoid having to bother with analyzing the arguments of the defense.

Up to now it is obvious that the chamber abuses “procedural rights” with goals which have nothing to do with the trial. It feigns an interest in the truth, but uses the law for a nefarious purpose.

Even if a falsehood is repeated a thousand times, it does not turn it into the truth.

This motion was denied using as justification the argument that the court has no duty to communicate, and no duty to clarify. The motion to communicate was denied even in regard to the fairness of the trial.

Contrary to the basic law

Guenter Deckert, at the beginning of his appeal (November 14, 2012), moved to postpone the trial until the federal court (Bundesverfassungsgericht) had made a decision in so far as &130 Abs. 3 StGB conforms to the Basic Law, especially Art. 5 GG (freedom of opinion) and Art. 103 Abs. 2GG.

Doubting or contesting the Holocaust is, according to the new principles laid down by the BVerfG, not punishable (1BvR 2150/08 V. November 4, 2009).

In as far as the chamber is convinced that &130 Abs. 3StGb does not agree with the interpretation of the Basic Law concerning the “denial” and the down playing of the Holocaust, the chamber should postpone the trial and await the decision of the Federal Court.

In the meantime, according to posted principles of the BVerfG, punishment for denial or down playing of the Holocaust is not congruent with Art. 5 GGand Art. 103 Abs. 2GG. This can be deduced from the decision 1BvR 2150/09 (November 4, 2009)

This decision in regard to &130 Abs. 4StGB came about on account of a Basic Law complaint by the deceased lawyer Juergen Rieger against the prohibition of a memorial march for Rudolf Hess in Wunsiedel. It contains basic principles which effect &130 Abs. 3StGB.

In the above mentioned decision the promulgated principles are not only important for &130 Abs.4StGB but also for &130 Abs. 3StGB. This can be surmised by the explanation of the 1. Senate of the BVerfG which is meant to clarify the law concerning the expression of opinions and therefore is all around binding. Due to the death of the plaintiff (Juergen Rieger) the 1. Senate did not see it to the end and did not make use of its possibility to discontinue the trial.

Opinions which doubt or contest the truth of the so-called Holocaust are, according to recently determined principles of the BVerfG, not punishable.

Special Law


The 1.Senate emphasized in the above mentioned decision that the prohibition concerning a special law has to be universally valid and has to extend to all opinion limiting laws (Abs.- Nr.63).

It states that a special law is indicated if it leads to a connection with an opinion limiting law concerning “certain historical interpretation of events.” That definitely applies to &130 Abs. 3 StGB.

The Senate of the BVerfG determined that special laws are laws which do not limit the freedom of opinion concerning historical reigns of terror, but only limit themselves to a reign of terror of a special kind; explicitly named is the National Socialist regime.

Since Art, 5Abs. 2GG does not allow for special laws concerning the limitation of freedom of opinion, but only general laws, special laws are not in agreement with the Basic Law.

For this reason the 1.Senate of the BVerfG determined &130Abs. 4StGB to be a special law – as an exception - which is nevertheless in agreement with Art. 5 Abs. 1 and 2 GG, since & 4StGB puts limits on the approval of the historical National Socialist reign of terror and despotism (lead sentence Nr. 1), but does not penalize anybody who minimizes the ideology of National Socialism or has an objectionable historical interpretation of that time.

Denial is not punishable


The 1. Senate considers &130 Abs.4 StGB, in spite of it being a special law, in agreement with the basic law since its judicial value is similar to &140 StGB which heavily punishes anybody who rewards or approves certain factual events (Abs.-Nr. 82). In this way it demarcates &130 Abs. 4 from &130 Abs 3 StGB in as far as &130 Abs. 3StGB, contrary to &130 Abs. 4 StGB, penalizes not only approbation, but also denial or disparagement.

The 1 Senate of the BVerfG emphasized that &139 Abs. 4StGB as special law can not be based on the right to personal honor according to Art. 5 Abs. 2 alternative 3GG referring here to the dignity of the victims. In regard to the general public the requirement of opinion limiting laws according to Art. 5 Abs. 2 alternative 1 GG extends to the protection of honor. Therefore the same is valid for & 130 Abs. 3StGB. Since this is a special law it can not be based on the right to personal honor or the personal dignity of the victims – in as far as it extends to the punishment on account of denial or diminishment.

The 1 Senate in its decision states that it is “critical” of the literature dealing with penalties concerning the disturbance of the public peace and refers among others to the BGH judge and StGB commentator Thomas Fischer (Abs.-Nr 93). The Senate unequivocally states that the expression “Public Peace” meaning interests worth protecting has to apply universally to rules in regard to offensive opinions. It makes a point to emphasize that the paragraph: “incitement of the public” (&130 Abs. 1 to 3 StGB” (Abs.-Nr. 78) also covers the other infractions.

In reference to the protection of the public peace &130 Abs. 4 StGB also contained in &130 Abs. 3StGB the 1. Senate of the BVerfG declared following:

“The concept of public peace which intends to protect the citizens from being confronted with provocative opinions and ideologies does not justify the interference with the freedom of opinion even if the consequences might be dangerous and even if they propose a radical change of the present valid order. A free nation has to be able to cope with freedom of opinion. To protect the citizens from having their feeling for peace and harmony disturbed, or the poisoning of the mental climate, or a wrong interpretation of history does not justify an intervention.” (Abs.-Nr.77)

In as far as &130 Abs. StGB penalizes the down playing or denial of the so-called “Holocaust” it does not support a basis to threaten punishment. It is therefore dissimilar to &130 Abs.4 StGB which penalizes the APPROVAL of criminal offenses.

According to & 130 Abs. 3 StGb, not only the approval and approbation, but also the denial and downplaying should be punishable, is not congruent with the Basic Law.

In this connection it is meaningful that the Spanish constitutional court on November 2007, in regard to a suit brought by the Spanish publisher Pedro Varela, invalidated the order which penalized the denial of the so-called Holocaust, but exempted approval.

On September 2, 2009 the Canadian Human Rights Tribunal judge, Athanasios D. Hadjis, declared in the case of Warman v Lemire: The prohibition against Holocaust denial is against the Canadian Charter of Rights and Freedoms. The attempt by the Italian parliament to push through a law similar to &130 Abs. 3 StGB was not successful.

In 2008 the pensioned judges Hoffmann-Riem and Hassemer of the German Federal Court took a critical stand in regard to penalizing Holocaust denial. The daily paper “Der Tagesspiegel (July 10, 2008) commented on Hoffmann-Riem’s opinion: "The Federal Court, according to Hoffmann-Riem, has up to now not engaged itself with the punitive illegality of Holocaust denial. But it is possible that in the future there could be a new basic decision."

The Frankfurter Allgemeine Zeitung (March 4, 2010) p. 4 writes: “Shortly after his retirement from the Federal Court Hoffmann-Riem said: ‘As a lawgiver I would not penalize Holocaust denial.’”
In the charge against the accused (Guenter Deckert) there is not a hint that he would have approved of a Jewish genocide or that he would have approved of a “Holocaust” or any other crime.
According to the above mentioned decision by the federal court the trial should be suspended. A false interpretation of history, or an offensive interpretation of those times (the Nazi period) in contrast to approval has no basis in the law to curtail freedom of opinion.
No attempt to prove exceptional crimes
In spite of this decision there were more convictions on account of so called “Holocaust denial.” It is obvious that some judges interpret that decision at will.
In as far as the Federal Court speaks of the “unique crimes” of the historical National Socialist regime (BVerfG a.a. O.,s.B. Abs.-Nr. 68) denial of the “Holocaust” does not mean its approval nor does it lead to endangerment of law and order. Even a “unique crime” does not make the provision of proof superfluous.
Denial does not mean approval
It is telling that the BVerfG does not make a difference between approval of the so called “Holocaust and the approval of the National Socialist regime but without any ado throws “Holocaust and the reign of the historical nationalist reign of terror into one pot without mentioning the one and defining the other."
The approval of the National Socialist regime in the conviction that it had not committed mass murder of the Jews is equated with the approval of the so called “historical reign of terror” which is quietly equated with the approval of the ”Holocaust.”
Cleverly they leave out this muddling. They try to make it disappear in a fog of generalizations.
They manipulate in the attempt to justify the persecution of “Holocaust denial.” Without producing concrete facts or proofs they accept, as an unquestionable fact, that the historical National Socialist regime committed crimes. They try (in vain) to justify as lawful that raising counter proofs merits punishment.
Special Status for the BRD (Bundesrepublik Deutschland)
The Federal Court tries to make us believe that the BRD can legislate special laws as &130 StGB (punishment of a certain opinion which includes the prohibition of presenting proofs for the defense because the historical identity of the BRD is a “reverse mirror image of National Socialism” (BVerfG a.a. O., Abs.-Nr. 66). In other words, because the BRD is the BRD.
The arbitrariness (despotism) can not be expressed more succinctly.

Despotism

The decision of the 1. Senate of the BVerfG does not mention any concrete facts or any court verdict on which it bases its conviction that the historical National Socialist regime was a regime of terror and despotism. The so-called court judgment of the BGH (Abs.-Nr.100) does not name concrete facts or events.

The Spiegel author, Goetz Aly, reports that 95% of Germans did not look at the National Socialist system as a system which suppressed freedom and ruled by terror, but as a system promoting social warmth - a feel-good dictatorship. (Spiegel Nr.10/2005, p. 56). Again the Spiegel: Even in the year l948 app. 57% of Germans thought that National Socialism had been a good idea (Nr. 20/2003, p.47).

Revealing is the reference regarding the reasons of the allied victorious powers which the 1. Senate states in connection with the identity of the BRD (Abs. Nr. 65, 66). The final conquering of National Socialist structures and the prevention of their resurrection was the main reason of the Allies to reestablish German statehood. (Abs.-Nr. 65).

In this connection it is interesting what Wendell Willkie, special envoy of US President Roosevelt writes about his negotiations with Stalin, namely that the first aim of the war should be the “Abolition of racial exclusiveness.” (W.L. Willkie: “One World”, Simon&Schuster, New York, l943 – published in the FAZ, February 4, 1992).

The historian Prof. Christian Meier (University Munich), questioned by the publication “Der Spiegel”: “How do you explain that the national pride of the Germans was so effectively broken?” had this to say: “The totality of the defeat and the collective shame about Auschwitz.” (“Der Spiegel” Nr 30/2010, July 26, 2010, p. 126).

“Die Welt” (November 20, 1982) cites Walter Lippmann, chief of the unofficial propaganda ministry under President Woodrow Wilson, in the twentieth to fiftieth year of the past century and one of the most influential journalists in the USA: “To secure the victory, beside the necessary occupation of the enemy nation and the sentencing of the elite in war crime trials, it is most important to impose on the conquered a re-education program. The means are: to implant into the brains of the conquered the presentation of history from the viewpoint of the victors. It is important to transfer the moral categories of the war propaganda into the consciousness of the vanquished. When the war propaganda of the victors is written up in the history books of the vanquished and is believed by the successive generation only then can re-education be looked upon as having been a success.”

The Historian, Prof. Dr. Ernst Nolte, said this: If the radical revisionism is right insisting that there was no holocaust in the sense of an all encompassing, systematic genocide wanted by the top echelon then I would have to admit that National Socialism was not a fun house mirror copy of Bolshevism, but only a fight for survival by a Germany pushed into a worldwide political defensive. (Ernst Nolte, Francois Furet, Feindliche Naehe, Herbig, Munich l998, p. 222-224).

In l994 Patrick Bahners, who later became Feuilleton chief of the FAZ, made this comment regarding the trial of so-called “Holocaust denier” Guenter Deckert: If Guenter Deckert’s belief about the “Holocaust” is correct then the Federal Republic would be founded on a lie; every presidential speech would be a lie, every minute of silence and every history book would be all lies. In as far as he denies the genocide of the Jews he contests the legitimacy of the Federal Republic. (“Objective suicide”, FAZ , August 15, 1994)

It is obvious that there is no legitimate basis to punish “denial of the Holocaust”

This motion was rebuffed. In its reasoning the chamber confirmed that 2 and 3 of &130 StGB-BRD is not a general law, but a special law. But an exception had to be made in regard to the prohibition of a special law. The reasoning: a special law is legitimate on account of the injustices and horrors of the National Socialist regime which were beyond all categories and which involved Europe and many parts of the world (decision January 13, 2012; replica of the 1.lead sentence of the BVerfGE 11/4/2009, 1BvR 2150/2008).

With this decision the BVerfG claims that the Holocaust is not to be judged according to general categories. That means the interpretation concerning the Holocaust is outside of the law.

It is a clear case of despotism when proof is superfluous and even declared punishable because it deals with a singular crime.

It is noteworthy what prosecutor Grossman, off the cuff, said about the motion: “We interpret the decision of the BVerfGE not the way you interpret it." … &130 needs to be interpreted?! The wording of &130 is not understandable?!

Science does not matter

Guenter Deckert moved to get the expert opinion of an historian to prove that Carlo Mattogno’s book “Auschwitz-the First Gassing, Rumors and Reality” is scientifically correct.

The motion was denied: “Not only the professional judge, but also the two lay judges have enough expertise in order to judge the problem in question.”

Revealing is the further explanation of the chamber: The scientific proof of the incriminating book is in regard to the court decision “meaningless.” In judging the defendant it is irrelevant, even if one holds the opinion that the publication is scientifically correct. To have assisted in the translation of the book and its final revision by the defendant, the defendant committed an offense of incitement or assisting in the incitement of the public. The demand for proof is not applicable in regard to &&130 Abs. i.V.m. 86 Abs. 3 StGB (social adequacy clause) since the format of the case does not apply here.

In other words: It does not matter if the incriminating book is scientifically correct. Assisting in the formation of the book has to be punished.

Bias

Finally, Guenter Deckert rejected the judges due to bias giving following reason (January 3, 2012):

The denial of my motion of November 14, 2011, pronounced today to discuss the principles of “facts know to the court” of the so-called Holocaust is worrisome because the lay judges let themselves be guided by foreign interests instead of facts and take a position which can not be squared with their duty to impartiality.

[cont'd]