Dr Fredrick Toben, who was arrested in Mannheim,
Germany, by Hans-Heiko
Klein and superintendant Mohr on April 8, 1999, on a charge of "defaming
the memory of the dead", 'incitement to hatred'and other charges, and who
is also Director of the revisioniost website, Adelaide Institute, at
<http;//www.adam.com.au/fredadin>, is to be tried at the Landgericht or
County Court at Mannheim, Germany, starting November 8, 1999. According
to German law, no questioning of the orthodox story of the Holocaust is
permissable: it is a federal offense to do so, and thus Germans cannot
assess or examine this part of their real or alleged history to check the
veracity of the claims.
RAISES SEVERAL ISSUES:
One of the issues is that of ENTRAPMENT. This
arrest arose out of a private
conversation between Toben and (the two above-named) German officials. At
no time did Toben conduct rallies, speeches or even ordinary conversations
with ordinary German citizens that cast any doubt on holocaust events.
Claims of 'incitement to hatred' about a discussion between Toben and other
people are thus unsustainable. (The meeting was not public - it took place
in Klein's office!)
FREE SPEECH ON THE INTERNET
George Orwell said that free speech means the
right to say what other
people do not wish to hear. Unless free speech is absolute, it is not free
speech: it is conditioned speech or suppressed speech. The issue is that of
free speech, not whether or not others agree or disagree with the
From the viewpoint of free speech, individuals
who access Adelaide
Institute website should have the chance to weigh and consider the merits
of its viewpoint, and accept or reject it for themselves, without Big
Brother determining its acceptability for them. This comes at a time when
the Alston bill to censor free speech on the Internet has been cleared in
the Australian Parliament and will come into operation next year.
INTERNET INTERNATIONAL NOT GERMAN-OWNED
The German government takes the view that downloading
(documents) in Germany makes it German and thus subject to German law. This
is like saying that something made in England which is sold in France
automatically becomes French.
But cyberspace is an international medium,transcending national boundaries.
LEGAL IN AUSTRALIA
Dr Toben's revisionist viewpoints, and those
of Adelaide Institute are
legal in Australia, and it is a violation of Dr Toben's rights as an
Australian citizen to be arrested over the issue. The Australian government
has a moral obligation to demand his release as an Australian citizen.
Instead, it only extends normal consular assistance to him.
These are some of the issues raised by the
Toben trial which deserve
attention; PLEASE GIVE THE MATTER SOME PUBLICITY.
Geoff. Muirden, Acting Director, Adelaide Institute ([email protected])
Mannheim Court telephone is 011-49-621-2920 and fax 011-49-621-292-1141
Trial at 8. , 10., 11. und 15 November in Mannheim,
Landgericht, Street: A 1,
See the indictment as it was written by H.-H Klein in June (original German)
This text has been displayed on the Net, and forwarded to you as a tool for educational purpose, further research, on a non commercial and fair use basis, by the International Secretariat of the Association des Anciens Amateurs de Recits de Guerres et d'Holocaustes (AAARGH). The E-mail of the Secretariat is <aaarghinternational-at-hotmail.com. Mail can be sent at PO Box 81475, Chicago, IL 60681-0475, USA..
We see the act of displaying a written document on Internet as the equivalent to displaying it on the shelves of a public library. It costs us a modicum of labor and money. The only benefit accrues to the reader who, we surmise, thinks by himself. A reader looks for a document on the Web at his or her own risks. As for the author, there is no reason to suppose that he or she shares any responsibilty for other writings displayed on this Site. Because laws enforcing a specific censorship on some historical question apply in various countries (Germany, France, Israel, Switzerland, Canada, and others) we do not ask their permission from authors living in thoses places: they wouldn't have the freedom to consent.
We believe we are protected by the Human Rights Charter:
ARTICLE 19. <Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.>The Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948, in Paris.