Free Speech Ruling in Spain - Is there Hope Yet for Truth in Europe? Now Free Sylvia Stolz!
This article is originally from the http://www.globalfire.tv/nj/11en/persecution/madrid_ruling.htm
"The Day in Madrid when the Revolution for Human Rights was put into motion."
On June 3, 2011 the Spanish Supreme Court in Madrid ruled that, disseminating NS Ideology
and disputing the so-called Holocaust,
is no longer an offense. Prosecution is prohibited, even if disputing the "Holocaust" is
of direct relevance to the dissemination of NS-Ideology.
The presiding Judge, Dr. Adolfo Prego, clearly condemned the prosecution:
"Advocating an ideology is not punishable no matter which ideology is involved."
In order to put a stop to arbitrary German style persecution, even the most tasteless expressions
such as "the Germans had every reason to burn/gas the Jews," or
"why did they not burn the Jews alive together with the deceased?", or
"pure Blacks are culturally and socially on the lowest rung of the
ladder", are no longer subject to persecution and punishment.
Judge Dr. Adolfo Prego abhors such comments, however, he does not
deem them punishable, as this would open the door to random prosecution
of any opinion expressed. Such pronouncements are only subject to
prosecution when they are expressed with a call for violence.
This ruling of the Supreme Court in Madrid could eventually enter
the history books as the inception of human rights revolution in Europe.
Sentences by the higher district courts in Barcelona against Ramón Bau,
Óscar Panadero, Carlos García and Juan Antonio Llopart from the year 2009
were annulled by the Supreme Court verdict. Ramon Bau was the president of
CEI (Circulo de Estudios Indoeuropeos), Óscar Panadero was regional manager
and principal of the Kalki bookstore, Carlos Garcia was an employee of the
same bookstore. At the time they were sentenced to a three and a half years
prison term. Juan Antonio Llopart was Chairman of the MSR Group
(Movimiento Social Republicano – Social republican movement).
He was employed by the publishing company "Ediciones Nueva República"
(New Republic Publishers) and was sentenced to a prison term of two and
a half year. The grounds for the sentence were: they had evidence of
material published questioning the holocaust story, they defended Hitler
and the NS Reich against lies and as members of the "Indo-European
Studies Association" they defended the right of Aryan nations to exist.
In view of the Verdict of June 03, 2011 in Madrid, the prison gates should be opened for
Pedro Varela, who had been sentenced to more than three years in prison.
It was assumed, that by subscribing to NS Ideology, he approved of the Holocaust.
From an early age, the Spanish humanitarian and intellectual Pedro Varela attempted to expose
the greatest lies propagated throughout history by his books and writings.
His bookstore "Librería Europa" in Barcelona in the Calle Seneca became world famous.
Pedro Varela was declared the arch-enemy of Jewish centers of power when, with assistance
of the inhabitants of the "Seneca Street", he resisted pressure from Jewish organizations
to rename the street. Why was the street to be renamed? The great Seneca already
described 2000 years ago, how national laws protected Jewish criminal acts thereby
oppressing the people. "The customs of that most criminal nation have gained such strength
that they have now been received in all lands. The conquered have given laws to
the conquerors." Lucius Annaeus Seneca was a Roman philosopher, dramatist, naturalist,
statesman and one of the most read authors of his time.
Finally, in 1998, before the District Court of Barcelona (Penal Court no. 3)
judge Santiago Vidal, sentenced the Spanish publisher, to five years in prison
on account of "Holocaust Denial" and "Racial Hate". Vidal simultaneously ordered
the destruction of 20,000 confiscated books. The sentencing of the Spanish human
rights activist resulted on the basis of the Holocaust Denial Laws which were
adopted in 1996 (Article 607.2 of the Penal Code), similar to the German Blueprint.
Both Catalonian Courts of Appeal, and in the end the three judges of the Catalonian
highest court (Audiencia Provincial) decided, however, that Article 607.2 of
the Spanish Penal Code (Holocaust Denial Laws) are irreconcilable with the human
right to free expression of opinion. This is the reason why the judges of the
Audiencia Provincial referred Varela’s case to the Spanish Constitutional
Court (Madrid) for a decision based on the Constitution.
Pedro Varela’s passport was removed from him and for ten years he was subjected to incredible reprisals.
Not only did he have to endure repeated raids, but he also incurred considerable losses
because of repeated confiscation of thousands of books.
On November 8, 2007, eleven years after the human rights activist was sentenced, the twelve
highest Spanish judges at the Constitutional Court, not only ruled on the Holocaust Denial
law, but also on the fate of the persecuted dissident Pedro Varela. According to the
highest Spanish Judges, the "Holocaust Denial Law", is irreconcilable with the Spanish
amendment guaranteeing the right to free expression of opinion. The Judges did not accept
the argument that denying the Holocaust would injure the human worth of Jews and put their
lives at risk. The Judges countered that, with free expression of opinion there would always
be some one, or some group, affected. This is inherent with the right to freely express an
opinion. According to the judges it would be impossible to make the right to free speech
dependent on the attitudes of single individuals, or certain groups.
The decision of the Spanish Constitutional Court at the time caused those who are
contemptuous of their fellow men in Germany to have fits. The then Lord Chancellor
(she was called by revisionists "the minister of persecution"), Brigitte Zypries, (SPD) thought of a
sneaky legal trick to get-around this set-back. She advised some prosecutors in
Barcelona to follow this procedure, in order to still arrive at a sentence and
her suggestions were followed exactly. Only a few weeks after the verdict,
Pedro Varela was again indicted, in spite of the decision taken by the Spanish
Supreme Court. In the Senior Judge’s speech, made when sentencing the accused,
it was stated that belief in the "holocaust" could be challenged, but that
is was illegal to approve of the “holocaust”. No one is allowed to approve
of mass violence. Since the sentence had not explicitly addressed the issue
of whether one is allowed to be sympathetic to the ideology of National
Socialism, it remained prohibited, to sell MEIN KAMPF and other NS publications.
After several legal proceedings Pedro Varela was finally sentenced to three and a half
years in prison, as he was deemed guilty of being a 'Propagandist of NS Ideology'.
Every time the court in Barcelona issued a judgment, the court ruled that he, as a
NS ideologist, would automatically approve of the "holocaust" since this had "occurred".
It goes without saying that contesting the so-called holocaust excludes the approval of
such an act. However, that did not bother the judge. In addition, Pedro argued it was
because there was no “holocaust” that he supported NS Ideology, because he knew that
these accusations against Adolf Hitler and against National Socialism, of having
committed the holocaust, were a fallacy. Pedro Varela stated that if this belief was
a criminal offense, then one should not belong to the Christian Church either,
which through its genocide of the Red Indians had committed the crime of creating
even a real "holocaust". Since the Gospels do not advocate genocide, they do not mention
holocausts and Christianity is still considered the Church of God. The fundamental
teachings of NS Ideology, the NSDAP Party programme, including publications from
the NS era, completely reject every form of genocide and openly promote the
humanitarian idea of a community of the world’s people. Varela said that this
is why he does not see any reason for not supporting NS Ideology.
In this context the Jewish historian Yehuda Bauer became the principal
witness for Adolf Hitler. Adolf Hitler and his national socialists
rejected physical genocide of another nation as being deeply un-Germanic.
It was documented by no lesser authority than Yehuda Bauer, former director
of the Institute for Holocaust Research Yad Vashem (Jerusalem),
"In his Protocol for Hitler, dated May 1940, that the Bolshevik
method of physical decimation of a people was
considered Un-Germanic and therefore out of the question. Hitler notes
in the margin; 'Very true'." (Y, Bauer, Ransom of Jews, Jewish Press, Frankfurt 1996, S95)
The ideological fault in the prosecution system has now been closed by the Spanish
Supreme Court. The judges ruled that belief in NS ideology is not punishable any
more and cannot be dismissed, as approving the holocaust, as long as it is not linked
with calls to violence. Naturally, neither national socialist nor revisionist, would
ever approve of genocide, as such an idea remains foreign to the norms of civilization
(see Hitler and Himmler "wiping out a nation is not Germanic and irreconcilable with national socialism.")
According to the legal verdict there remains one restriction to freedom of expression which is
correct - one cannot advocate violence. "Spain's Supreme Court has annulled the verdicts
against four Neo Nazis, who because they had disseminated extreme right ideologies,
were sentenced to several years of incarceration. On Friday, the judges justified
their decision on the basis that 'Ideologies are not punishable by law'. The Spanish
legal system does not prohibit extremist ideas and considers them instead as part and
parcel of the right to free expression. Propagation of extremist ideology becomes
punishable only then, when it simultaneously advocates violence." (derstandard.at, 03.06.2011)
The proud country of Spain, home of Ortega y Gasset and Cervantes, for many years granted asylum to the
Austrian poet of liberation, Gerd Honsik, as well as to German Wehrmacht-Hero
Otto Ernst Remer from the Orwellian thought police in their respective native countries.
It would seem that Jewish organizations used the public prosecutor Miguel Angel Aguilar (Barcelona)
as a proxy when he announced that this verdict contradicts the international agreements which
Spain entered into. Agreements with whom? With Germany and Israel in order to persecute people?
The Israeli Ambassador in Madrid declared on June 4th 2011 "The ruling of the Supreme Judges
interferes with the persecution of hate motivated crimes."
It remains to be seen whether, in response to the judicial ruling in Madrid, the Ehec
bacterium will come to Spain too. This seems to be indicated by the infected cucumber
accusation made against Spain. An observer of the trial in Madrid declared to the
press after the judge's ruling "This is the day when in Madrid the Revolution for
Human Rights was put into motion. We now fear the revenge of those who derived their power from lies."