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August 19, 1994 - Image 60

Resource type:
Text
Publication:
The Detroit Jewish News, 1994-08-19

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Lenient Verdict Given
To Right-Winger

Bonn (JTA) — The government
of Chancellor Helmut Kohl, along
with Jewish leaders here and
abroad, has issued a sharp con-
demnation of a German court for
its lenient verdict against an ex-
tremist right-wing leader who
claimed that the Holocaust nev-
er took place.
In June, a state court in the
southwestern German city of
Mannheim found Gunter Deck-
ert, chairman of the right-wing-
National Democratic Party,
guilty on charges of inciting racial
hatred and sentenced him to a
one-year suspended sentence.
This week, the court explained
that the lenient sentence had
been handed down because Deck-
ert was a family man with no pre-
vious criminal record.
The court also praised the de-
fendant as a "highly intelligent
person" of "strong character."
Charges had initially been
brought against Deckert after he
served as translator at a rally in
1991 for Fred Leuchter, an Amer-
ican Holocaust denier.
In addition to translating com-
ments made by Mr. Leuchter,
Mr. Deckert had said that he sup-
ported Leuchter's theories, in-
cluding statements that the
Holocaust never took place. Pub-
licly expressing Holocaust-denial
views is a crime under German
law.
Mr. Deckert had already been
convicted and given a one-year
suspended sentence on the
charge on Nov. 13, 1992. But both
he and the state court appealed
the sentence, with Mr. Deckert
wanting the case dropped en-
tirely and the state prosecutor
seeking a tougher sentence.
In March of this year, the Fed-
eral Court of Justice, Germany's
highest appeals court, reversed
the lower court's decision, saying
that simply repeating another
person's denial that the Holo-
caust occurred was not in itself a
punishable offense.
It then sent the case back to
the Mannheim court to deter-
mine whether Mr. Deckert sub-
scribed to Nazi ideology, which is
a punishable offense.
This week, the Mannheim
court issued an explanation of its
June ruling, saying, "The defen-
dant, who belongs to the political
right, is not an anti-Semite in the
sense of (subscribing to the ide-
ology of) the Nazis, who denied
the Jews their right to live."
The court also described Mr.
Deckert as a dedicated national-
ist who resented the moral and
financial demands Jews have
made on Germany in the wake of
the Holocaust.

"On the basis of his national
attitude, he criticizes the Jews for
their continuous insistence on the
Holocaust, and consequently for
their financial, political and moral
demands, although 50 years have
passed since the war."
The ruling triggered a chain of
angry reactions.
a
Schaefer,
Norbert
spokesman for Mr. Kohl, said
that the government regretted
"the bad signals stemming from
the verdict," adding that the gov-
ernment "has never left any
doubt about its determination to
fight right-wing extremism."
Justice Minister Sabine
Leutheuser-Schnarrenberger de-
scribed the ruling as "a slap in

The World Jewish
Congress said the
court's decision
`constitutes a
judicial assault on
the Jewish people
and an incitement to
racial hatred.'

the face of all Holocaust victims."
It was an alarming sign, she
said, that a German court had de-
scribed the Holocaust denial as
"matter of the heart."
Ignatz Bubis, chairman of the
Central Council of Jews in Ger-
many, demanded a strong reac-
tion by the federal government.
Michael Friedman, a senior
member of the council, said the
ruling amounted to a "recipe for
neo-Nazis on how to avoid in-
crimination."
In a statement issued in New
York, the World Jewish Congress
said the court's decision "consti-
tutes a judicial assault on the
Jewish people and an incitement
to racial hatred.
"It is incumbent upon the Gov-
ernment of Germany to denounce
this grotesque decision, and we
call upon the Federal Court of
Justice to overrule the
Mannheim court and transform
the suspended term to a jail sen-
tence," the statement read.
The Anti-Defamation League
and the Simon Wiesenthal Cen-
ter also condemned the court's
ruling.

Lorenzo Da Ponte was born
Emmanuele Conegliano in
1749, but his mercurial
father had him baptized.

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