| Freedom of Expression cannot be denied even to the Nazis The first sentence given in Spain for the crime of genocide apology will also be the last. Moreover, it will be revoked. The Constitutional Tribunal decided yesterday to decriminalise a presumption that was included in the reform of the Penal Code of 1996. Article 607.2 anticipates punishments of up to two years in jail for whoever, "by any means" diffuses "ideas or doctrines that deny or justify" the Holocaust. With that legislation, a Barcelona court [Juzgado Penal Nº 3, Judge Santiago Vidal] sentenced a librarian [Pedro Varela] in this city in 1998 who distributed and commercialised pro Nazi books and videos. Against the prosecution’s criteria, the Catalonian Court of Appeal [Audiencia Provincial, three judges] posed the question of unconstitutionality, when considering that the referenced article limits a fundamental right, the right to freedom of expression, since it punishes the diffusion of ideas "without demanding any other element, such as affronts, or inciting to attack groups." We are, undoubtedly, before a correct decision of the Constitutional Court that reinforces our system of guarantees. Because, no matter how odious the ideas that justify genocide may appear to us, a free society cannot deny their right of freedom of expression, unless it includes inciting to violence. The opposite would be to reinstate the crime of opinion. We expressed ourselves in that respect on the occasion of the closing of Egin, the pro Eta newspaper. Without talking of the dangers of establishing limits to the freedom of expression: others will always be able to use the precedent. It is yet very much alive, for example, the case of the Mohammed vignettes, that the Islamic collectives have not hesitated in trying to censor. Where are the limits established? It will always be preferable to voice the most polemic opinions rather than exercise censorship. Even more so when society has lots of means within its reach to refute them by confronting them with reality. |
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| Pedro Varela in handcuffs then for selling books containing the truth about Auschwitz and the Jewish holocaust-tales. |
On November 7, 2007 Spain's Constitutional Court ruled on the case of Pedro Varela, the well known Spanish human rights activist and publisher. Pedro Varela was sentenced initially (Nov. 16, 1998) to five years in prison by a Barcelona court for selling books that were considered to contain articles of racehate and holocaust-denial. In fact, they were books that disputed certain aspect of the modern holocaust dogma. On April 30, 1999, the highest appeal court of Catalonia overturned the verdict and denounced the original verdict, as well as the law the verdict was based on, (article 607.2 Spanish penal code) as illegal. Three judges came to the unanimous conclusion that such a law is violating human rights by depriving every individual from his or her basic human rights (UN-Charter, Article 19). The Spanish Constitutional Court now confirmed the ruling of the Catalonial Appeal-Court and abolished Spain's "holocaust-denial-law" because it deprives people from their right to freely express their opinions. This ruling by the highest judges of Spain is a blow to Holocaust-Germany that had used all her resources and powers to form a thought-crime-alliance in Europe. Holocaust-Germany's intention was to throw everyone in prison who objects to holocaust-lies. It seems that Germany's fiendish alliance is now starting to crumble. Will this be the beginning of the end of Germany's and Israel's world-terror-politics? Will freedom come again for mankind? |
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