Laws against Holocaust denial – Wikipedia, the free encyclopedia
Posted By simmons on October 26, 2015
Holocaust denial, the denial of the systematic genocidal killing of millions of ethnic minorities in Europe (including Jews) by Nazi Germany in the 1930s and 1940s, is illegal in 14 European nations.[1] Many countries also have broader laws that criminalize genocide denial. Of the countries that ban Holocaust denial, some, such as Austria, Germany, Hungary, and Romania, were among the perpetrators of the Holocaust, and many of these also ban other elements associated with Nazism, such as the expression of Nazi symbols.
In several nations such as the United Kingdom and the United States, laws against Holocaust denial have come up in legal discussion and have been proposed, but the measures have been rejected. Organizations representing groups that have been victimized during the Holocaust have generally been split about such laws.
Scholars have pointed out that countries that specifically ban Holocaust denial generally have legal systems that limit speech in other ways, such as banning hate speech. According to D. D. Guttenplan, this is a split between the "common law countries of the United States, Ireland and many British Commonwealth countries from the civil law countries of continental Europe and Scotland. In civil law countries the law is generally more proscriptive. Also, under the civil law regime, the judge acts more as an inquisitor, gathering and presenting evidence as well as interpreting it".[2] Michael Whine argues that Holocaust denial can inspire violence against Jews; he states, "Jews' experience in the post-World War II era suggests that their rights are best protected in open and tolerant democracies that actively prosecute all forms of racial and religious hatred."[3]
Jnos Kis[4] and in particular Andrs Schiffer[5] feel the work of Holocaust deniers should be protected by a universal right to free speech. An identical argument was used[6] by the Hungarian Constitutional Court (Alkotmnybrsg) led by Lszl Slyom when it struck down a law against Holocaust denial in 1992.
The argument that laws punishing Holocaust denial are incompatible with the European Convention on Human Rights and the Universal Declaration of Human Rights have been rejected by institutions of the Council of Europe (the European Commission of Human Rights,[7] the European Court of Human Rights[8]) and also by the United Nations Human Rights Committee.[9]
Historians who oppose such laws include Raul Hilberg,[10]Richard J. Evans, and Pierre Vidal-Naquet. Other prominent opponents of the laws are Timothy Garton Ash,[11]Christopher Hitchens, Peter Singer,[12] and Noam Chomsky.[13] An uproar resulted when Serge Thion used one of Chomsky's essays without explicit permission as a foreword to a book of Holocaust denial essays (see Faurisson affair). These laws have also been criticized on the grounds that education is more effective than legislation at combating Holocaust denial and that the laws will make martyrs out of those imprisoned for their violation.[14]
It seems to me something of a scandal that it is even necessary to debate these issues two centuries after Voltaire defended the right of free expression for views he detested. It is a poor service to the memory of the victims of the holocaust to adopt a central doctrine of their murderers.[15]
While Australia lacks a specific law against Holocaust denial, Holocaust denial is prosecuted in Australia under various laws against "hate speech" and "racial vilification".[4][5] Gerald Fredrick Tben and his Adelaide Institute would be the best-known case of someone being prosecuted in Australia for Holocaust denial.[6]
In Austria, the Verbotsgesetz 1947 provided the legal framework for the process of denazification in Austria and suppression of any potential revival of Nazism. In 1992, it was amended to prohibit the denial or gross minimisation of the Holocaust.
3g. He who operates in a manner characterized other than that in 3a 3f will be punished (revitalising of the NSDAP or identification with), with imprisonment from one to up to ten years, and in cases of particularly dangerous suspects or activity, be punished with up to twenty years' imprisonment.[16]
3h. As an amendment to 3 g., whoever denies, grossly plays down, approves or tries to excuse the National Socialist genocide or other National Socialist crimes against humanity in a print publication, in broadcast or other media.[17]
In Belgium, Holocaust denial was made illegal in 1995.
Article 1 Whoever, in the circumstances given in article 444 of the Penal Code denies, grossly minimises, attempts to justify, or approves the genocide committed by the German National Socialist Regime during the Second World War shall be punished by a prison sentence of eight days to one year, and by a fine of twenty six francs to five thousand francs. For the application of the previous paragraph, the term genocide is meant in the sense of article 2 of the International Treaty of 9 December 1948 on preventing and combating genocide. In the event of repetitions, the guilty party may in addition have his civic rights suspended in accordance with article 33 of the Penal Code.
Art.2 In the event of a conviction on account of a violation under this Act, it may be ordered that the judgement, in its entity or an excerpt of it, is published in one of more newspapers, and is displayed, to the charge of the guilty party.
Art.3. Chapter VII of the First Book of the Penal Code and Article 85 of the same Code are also applicable to this Act.
Art. 4. The Centre for Equal Opportunities and Opposition to Racism, as well as any association that at the time of the facts had a legal personality for at least five years, and which, on the grounds of its statutes, has the objective of defending moral interests and the honour of the resistance or the deported, may act in law in all legal disputes arising from the application of this Act.[18]
In May 2007 Ekrem Ajanovic, a Bosniak MP in the Bosnian Parliament proposed a legislation on criminalizing the denial of Holocaust, genocide and crimes against humanity. This was the first time that somebody in Bosnia and Herzegovina's Parliament proposed such a legislation. Bosnian Serb MPs voted against this legislation and proposed that such an issue should be resolved within the Criminal Code of Bosnia and Herzegovina.[19] Following this, on 6 May 2009 Bosniak MPs Adem Huskic, Ekrem Ajanovic and Remzija Kadric proposed to the BH parliament a change to the Criminal Code of Bosnia and Herzegovina where Holocaust, genocide and crimes against humanity denial would be criminalized.[20] Bosnian Serb MPs have repeatedly been against such a legislation claiming that the law "would cause disagreement and even animosity" according to SNSD member Lazar Prodanovic.[21]
In the Czech Republic, Holocaust denial and denial of communist perpetrated atrocities is illegal.
260 (1) The person who supports or spreads movements oppressing human rights and freedoms or declares national, race, religious or class hatred or hatred against other group of persons will be punished by prison from 1 to 5 years. (2) The person will be imprisoned from 3 to 8 years if: a) he/she commits the crime mentioned in paragraph (1) in print, film, radio, television or other similarly effective manner, b) he/she commits the crime as a member of an organized group c) he/she commits the crime in a state of national emergency or state of war
261 The person who publicly declares sympathies with such a movement mentioned in 260, will be punished by prison from 6 months to 3 years.
261a The person who publicly denies, puts in doubt, approves or tries to justify nazi or communist genocide or other crimes of nazis or communists will be punished by prison of 6 months to 3 years.[22]
In France, the Gayssot Act, voted for on July 13, 1990, makes it illegal to question the existence of crimes that fall in the category of crimes against humanity as defined in the London Charter of 1945, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg in 1945-46. When the act was challenged by Robert Faurisson, the Human Rights Committee upheld it as a necessary means to counter possible antisemitism.[23] In 2012, the Constitutional Council of France ruled that to extend the Gayssot Act to the Armenian Genocide denial was unconstitutional because it violated the freedom of speech.[24]
MODIFICATIONS OF THE LAW OF JULY 29, 1881 ON THE FREEDOM OF THE PRESS Art 8. - Article 24 of the Law on the Freedom of the Press of 29 July 1881 is supplemented by the following provisions: In the event of judgment for one of the facts envisaged by the preceding subparagraph, the court will be able moreover to order: Except when the responsibility for the author of the infringement is retained on the base for article 42 and the first subparagraph for article 43 for this law or the first three subparagraphs for article 93-3 for the law No 82-652 for July 29, 1982 on the audio-visual communication, the deprivation of the rights enumerated to the 2o and 3o of article 42 of the penal code for imprisonment of five years maximum;
Art 9. As an amendment to Article 24 of the law of July 29, 1881 on the freedom of the press, article 24 (a) is as follows written: < Art 13. - It is inserted, after article 48-1 of the law of July 29, 1881 on the freedom of the press, article 48-2 thus written: < In Germany, Volksverhetzung ("incitement of the people")[26][27] is a concept in German criminal law that bans incitement to hatred against segments of the population. It often applies to (though not limited to) trials relating to Holocaust denial in Germany. In addition, Strafgesetzbuch 86a outlaws various symbols of "unconstitutional organisations", such as the Swastika and the SS runes. (1) Whosoever, in a manner capable of disturbing the public peace: shall be liable to imprisonment from three months to five years.[28][29] (...) (3) Whosoever publicly or in a meeting approves of, denies or downplays an act committed under the rule of National Socialism of the kind indicated in section 6 (1) of the Code of International Criminal Law, in a manner capable of disturbing the public peace shall be liable to imprisonment not exceeding five years or a fine.[28][29] (4) Whosoever publicly or in a meeting disturbs the public peace in a manner that violates the dignity of the victims by approving of, glorifying, or justifying National Socialist rule of arbitrary force shall be liable to imprisonment not exceeding three years or a fine.[28][29] The definition of section 6 of the Code of Crimes against International Law referenced in the above 130 is as follows: (1) Whoever with the intent of destroying as such, in whole or in part, a national, racial, religious or ethnic group: The following sections of the German criminal code are also relevant: Whoever disparages the memory of a deceased person shall be punished with imprisonment for not more than two years or a fine.[31] (1) An insult shall be prosecuted only upon complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the aggrieved party was persecuted as a member of a group under the National Socialist or another rule by force and decree, this group is a part of the population and the insult is connected with this persecution. The act may not, however, be prosecuted ex officio if the aggrieved party objects. When the aggrieved party deceases, the rights of complaint and of objection devolve on the relatives indicated in Section 77 subsection (2). The objection may not be withdrawn. (2) If the memory of a deceased person has been disparaged, then the relatives indicated in Section 77 subsection (2), are entitled to file a complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the deceased person lost his life as a victim of the National Socialist or another rule by force and decree and the disparagement is connected therewith. The act may not, however, be prosecuted ex officio if a person entitled to file a complaint objects. The objection may not be withdrawn. (...)[32] The Parliament of Hungary declared the denial or trivialization of the Holocaust a crime punishable by up to three years' imprisonment on February 23, 2010.[33] The law was signed by the President of the Republic in March 2010.[34] On June 8, 2010, the newly elected Fidesz-dominated parliament changed the formulation of the law to "punish those, who deny the genocides committed by national socialist or communist systems, or deny other facts of deeds against humanity".[35] The word "Holocaust" is no longer in the law. In 2011, the first man was charged with Holocaust denial in Budapest. The Court sentenced the man to 18 months in prison, suspended for three years, and probation. He also had to visit either Budapest's memorial museum, Auschwitz or Yad Vashem in Jerusalem. He chose his local Holocaust Memorial Center and had to make three visits in total and record his observations.[36] In January 2015, the court ordered far-right on-line newspaper Kuruc.info to delete its article denying the Holocaust published in July 2013, which was the first ruling in Hungary of its kind.[37] The Association for Civil Liberties (TASZ) offered free legal aid to the website as a protest against restrictions on freedom of speech,[38] but the site refused citing the liberal views of the association, and also refused to delete the article.[39] In Israel, a law to criminalize Holocaust denial was passed by the Knesset on July 8, 1986. Definitions 1. In this Law, "crime against the Jewish people" and "crime against humanity" have the same respective meanings as in the "Nazis and Nazi Collaborators Law, 5710-1950. Prohibition of Denial of Holocaust 2. A person who, in writing or by word of mouth, publishes any statement denying or diminishing the proportions of acts committed in the period of the Nazi regime, which are crimes against the Jewish people or crimes against humanity, with intent to defend the perpetrators of those acts or to express sympathy or identification with them, shall be liable to imprisonment for a term of five years. Prohibition of publication of expression for sympathy for Nazi crimes 3. A person who, in writing or by word of mouth, publishes any statement expressing praise or sympathy for or identification with acts done in the period of the Nazi regime, which are crimes against the Jewish people or crimes against humanity, shall be liable to imprisonment for a term of five years. Permitted publication 4. The publication of a correct and fair report of a publication prohibited by this Law shall not be regarded as an offence thereunder so long as it is not made with intent to express sympathy or identification with the perpetrators of crimes against the Jewish people or against humanity. Filing of charge 5. An indictment for offences under this Law shall only be filed by or with the consent of the Attorney-General.[40] Although not specifically outlining national socialist crimes, item five of section 283 of Liechtenstein's criminal code prohibits the denial of genocide. Whoever publicly denies, coarsely trivialises, or tries to justify genocide or other crimes against humanity via word, writing, pictures, electronically transmitted signs, gestures, violent acts or by other means shall be punished with imprisonment for up to two years.[41] In Lithuania, approval and denial of Nazi or Soviet crimes is prohibited. In Luxembourg, Article 457-3 of the Criminal Code, Act of 19 July 1997 outlaws Holocaust denial and denial of other genocides.[43] The punishment is imprisonment for between 8 days and 6 months and/or a fine.[43] The offence of "negationism and revisionism" applies to: While Holocaust denial is not explicitly illegal in the Netherlands, the courts consider it a form of spreading hatred and therefore an offence.[44] According to the Dutch public prosecution office, offensive remarks are only punishable by Dutch law if they equate to discrimination against a particular group.[45] The relevant laws of the Dutch penal code are as follows: In Poland, Holocaust denial and the denial of communist crimes is punishable by law. Article 55 He who publicly and contrary to facts contradicts the crimes mentioned in Article 1, clause 1 shall be subject to a fine or a penalty of deprivation of liberty of up to three years. The judgment shall be made publicly known. Article 1 This Act shall govern: 1. the registration, collection, access, management and use of the documents of the organs of state security created and collected between 22 July 1944 and 31 December 1989, and the documents of the organs of security of the Third Reich and the Union of Soviet Socialist Republics concerning: 2. the rules of procedure as regards the prosecution of crimes specified in point 1 letter a), 3. the protection of the personal data of grieved parties, and 4. the conduct of activities as regards public education.[48] Although denial of the Holocaust is not expressly illegal in Portugal, Portuguese law prohibits denial of war crimes if used to incite to discrimination. [] 2 Whoever in a public meeting, in writing intended for dissemination, or by any means of mass media or computer system whose purpose is to disseminate: with intent to incite to racial, religious or sexual discrimination or to encourage it, shall be punished with imprisonment from six months to five years.[49] In Romania, Emergency Ordinance No. 31 of March 13, 2002 prohibits Holocaust denial. It was ratified on May 6, 2006. The law also prohibits racist, fascist, xenophobic symbols, uniforms and gestures: proliferation of which is punishable with imprisonment from between six months to five years. [...] Article 3. (1) Establishing a fascist, racist or xenophobic organisation is punishable by imprisonment from 5 to 15 years and the loss of certain rights. [...] Article 4. (1) The dissemination, sale or manufacture of symbols either fascist, racist or xenophobic, and possession of such symbols is punished with imprisonment from 6 months to 5 years and the loss of certain rights. [...] Article 5. Promoting the culture of persons guilty of committing a crime against peace and humanity or promoting fascist, racist or xenophobic ideology, through propaganda, committed by any means, in public, is punishable by imprisonment from 6 months to 5 years and the loss of certain rights. Article 6. Denial of the Holocaust in public, or to the effects thereof is punishable by imprisonment from 6 months to 5 years and the loss of certain rights.[50] Genocide denial was illegal in Spain until the Constitutional Court of Spain ruled that the words "deny or" were unconstitutional in its judgement of November 7, 2007.[51] As a result, Holocaust denial is legal in Spain, although justifying the Holocaust or any other genocide is an offence punishable by imprisonment in accordance with the constitution.[52] Chapter II: Crimes of genocide - Article 6071. 1. Those who, with the intention to total or partially destroy a national, ethnic, racial or religious group, perpetrate the following acts, will be punished: 2. The diffusion by any means of ideas or doctrines that deny or justify the crimes in the previous section of this article, or tries the rehabilitation of regimes or institutions which they protect generating practices of such, will be punished with a prison sentence of one to two years.[53] Holocaust denial is not expressly illegal in Switzerland, but the denial of genocide and other crimes against humanity is an imprisonable offence. Racial discrimination Whoever publicly, by word, writing, image, gesture, acts of violence or any other manner, demeans or discriminates against an individual or a group of individuals because of their race, their ethnicity or their religion in a way which undermines human dignity, or on those bases, denies, coarsely minimizes or seeks to justify a genocide or other crimes against humanity [...] shall be punished with up to three years' imprisonment or a fine.[54] The European Union's executive Commission proposed a European Union-wide anti-racism xenophobia law in 2001, which included the criminalization of Holocaust denial. On July 15, 1996, the Council of the European Union adopted the Joint action/96/443/JHA concerning action to combat racism and xenophobia.[55][56] During the German presidency there was an attempt to extend this ban.[57] Full implementation was blocked by the United Kingdom and the Nordic countries because of the need to balance the restrictions on voicing racist opinions against the freedom of expression.[58] As a result a compromise has been reached within the EU and while the EU has not prohibited Holocaust denial outright, a maximum term of three years in jail is optionally available to all member nations for "denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes."[59][60] The EU extradition policy regarding Holocaust denial was tested in the UK during the 2008 failed extradition case brought against the suspected Holocaust denier Frederick Toben[61] by the German government. As there is no specific crime of Holocaust denial in the UK, the German government had applied for Toben's extradition for racial and xenophobic crimes. Toben's extradition was refused by the Westminster Magistrates' Court, and the German government withdrew its appeal to the High Court. The text establishes that the following intentional conduct will be punishable in all EU Member States: Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting. The reference to religion is intended to cover, at least, conduct which is a pretext for directing acts against a group of persons or a member of such a group defined by reference to race, colour, descent, or national or ethnic origin. Member States will ensure that these conducts are punishable by criminal penalties of a maximum of at least between 1 and 3 years of imprisonment.[62] Laws against Holocaust denial have been enforced in most jurisdictions that have them. Convictions and sentencings include: See original here:
Laws against Holocaust denial - Wikipedia, the free encyclopedia
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