British courts should refuse to act on an EU arrest warrant requesting the extradition of an alleged Holocaust denier, a senior Lib Dem has said.
Australian citizen Dr Gerald Toben was remanded in custody after his arrest by British Police at Heathrow Airport.
German authorities allege Dr Toben published material online "of an anti-semitic and/or revisionist nature".
But home affairs spokesman Chris Huhne said holocaust denial is not a crime in the UK and he should not be extradited.
Dr Toben, a German-born former schoolteacher, was en route from the United States to Dubai when he was arrested.
He has been remanded in custody ahead of a bail hearing on 10 October and a full hearing on 17 October.
He has previously been convicted in Germany for breaking a law that prohibits denying or "playing down" the mass murder of the Jews under Hitler.
We don't in this country tend to prosecute people for issues that we regard as issues of freedom of speech
But some human rights campaigners have backed his case, saying that his views - however unpleasant - do not make him a criminal in the UK.
The Crown Prosecution Service (CPS), acting for the German authorities, argues that agreements signed in 2003 between the UK and other European countries mean that Britain is duty-bound to assist the German authorities.
But Mr Huhne, a former MEP, told BBC Radio 4's Today Programme that countries could "pick and choose" cases in which they would apply warrants issued by fellow EU member states.
The Lib Dem home affairs spokesman said there were good legal grounds for refusing to participate. He cited the case of Belgium, which is refusing to send suspects to Poland on murder charges which related to abortion.
Mr Huhne said: "There is a clear precedent for doing this and I think we should in this case."
Dr Toben has in the past described the Holocaust as "a lie" and has claimed on his Australian-based website, the Adelaide Institute, there was "no proof" Hitler systematically exterminated the Jews.
'Pretty dodgy'
While stressing that he was completely opposed to anti-semitism, Mr Huhne said: "We don't in this country tend to prosecute people for issues that we regard as issues of freedom of speech."
Mr Huhne said the case seemed "pretty dodgy" given the fact the offence was not committed in Germany.
In his court appearance earlier this week, Dr Toben, 64, claimed he was the victim of a "legal ambush" and promised never to return to Britain if he was allowed to leave.
Judges will decide whether the alleged conduct constitutes an extraditable offence.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7652274.stm
Australian citizen Dr Gerald Toben was remanded in custody after his arrest by British Police at Heathrow Airport.
German authorities allege Dr Toben published material online "of an anti-semitic and/or revisionist nature".
But home affairs spokesman Chris Huhne said holocaust denial is not a crime in the UK and he should not be extradited.
Dr Toben, a German-born former schoolteacher, was en route from the United States to Dubai when he was arrested.
He has been remanded in custody ahead of a bail hearing on 10 October and a full hearing on 17 October.
He has previously been convicted in Germany for breaking a law that prohibits denying or "playing down" the mass murder of the Jews under Hitler.
We don't in this country tend to prosecute people for issues that we regard as issues of freedom of speech
But some human rights campaigners have backed his case, saying that his views - however unpleasant - do not make him a criminal in the UK.
The Crown Prosecution Service (CPS), acting for the German authorities, argues that agreements signed in 2003 between the UK and other European countries mean that Britain is duty-bound to assist the German authorities.
But Mr Huhne, a former MEP, told BBC Radio 4's Today Programme that countries could "pick and choose" cases in which they would apply warrants issued by fellow EU member states.
The Lib Dem home affairs spokesman said there were good legal grounds for refusing to participate. He cited the case of Belgium, which is refusing to send suspects to Poland on murder charges which related to abortion.
Mr Huhne said: "There is a clear precedent for doing this and I think we should in this case."
Dr Toben has in the past described the Holocaust as "a lie" and has claimed on his Australian-based website, the Adelaide Institute, there was "no proof" Hitler systematically exterminated the Jews.
'Pretty dodgy'
While stressing that he was completely opposed to anti-semitism, Mr Huhne said: "We don't in this country tend to prosecute people for issues that we regard as issues of freedom of speech."
Mr Huhne said the case seemed "pretty dodgy" given the fact the offence was not committed in Germany.
In his court appearance earlier this week, Dr Toben, 64, claimed he was the victim of a "legal ambush" and promised never to return to Britain if he was allowed to leave.
Judges will decide whether the alleged conduct constitutes an extraditable offence.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7652274.stm
UP
ReplyDeletethanks for the WORLD TODAY links , i like all those listed and now you made it easier for me . thanks again
Dear Fatima
ReplyDeleteWelcome, I hope this blog will be better, and more friendly every day.
Was going to post this yesterday, but did not for fear of being off topic(not Palestine or ME)
ReplyDeleteThe Hoffman Wire
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***
Holocaust key to extradition case
By Julian Joyce
BBC NEWS
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7648980.stm
Oct. 3, 2008
The arrest and attempted extradition to Germany by British police of an
alleged Holocaust denier would set a 'crazy and dangerous' precedent,
say campaigners.
Dr Gerald Toben was arrested by British police under an EU arrest
warrant issued by the German authorities.
That warrant accuses him of publishing material online "of an
anti-semitic and/or revisionist nature".
Dr Toben has been remanded in custody after his extradition hearing on
Friday was adjourned, but will face a bail hearing on Friday 10 October
and a full hearing on 17 October.
Dr Toben, an Australian national, was convicted in Germany in 1999 for
breaking a German law that prohibits denying or "playing down" the mass
murder of the Jews under Hitler.
'No laws broken'
Officers from Scotland Yard's Extradition Unit arrested him on Wednesday
while he waited on a plane at Heathrow airport.
Appearing before City of Westminster Magistrates' Court the same day, Dr
Toben said he was the victim of "legal persecution".
He added: "It's a witch trial mentality in Germany concerning this
matter, which is not the case in England yet."
Human rights campaigner James Panton, of the Manifesto Group, said that
Dr Toben should not be extradited, because he had not broken any British
laws.
"Extraditing this man - however unpleasant a character he may be - would
set a crazy and dangerous precedent," he said.
"Toben has been arrested in the UK for being a Holocaust denier - but
that is not a crime here.
"We are now entering a dangerous situation where you and I could
potentially be arrested for crimes that other countries - but not the UK
- deem to be offenses."
The Crown Prosecution Service (CPS), whose lawyers are acting for the
German authorities, argue that agreements signed in 2003 between the UK
and other European countries mean that Britain is duty-bound to assist
the German authorities.
Internet views
A CPS spokesman said an extradition hearing would determine whether the
requirements were met for surrender to the requesting territory under
Part 1 of the Extradition Act 2003.
"The matters the judge are required to consider include whether the
conduct constitutes an extradition offense."
Campaigners are also concerned that the UK is assisting the extradition
of someone whose views appeared on the internet - rather than being
published in Germany itself.
Nigel Farage, leader of the UK Independence Party, said that while his
party in no way condoned Dr Toben's views, "not only has he not broken
any UK laws, but in seeking to arrest him, Germany is claiming
censorship rights to the entire internet network."
This view is shared by Australian free-speech campaigners who have
accused Germany of trying to "legislate for the entire world" by
treating downloadable internet material as a German publication.
Holocaust 'a lie'
Dr Toben, a German-born former schoolteacher, who now lives in
Australia, has in the past described the Holocaust as "a lie".
His Australian-based website, the Adelaide Institute, carries the
transcript of an interview in which Dr Toben says there is "no proof"
that Hitler systematically exterminated the Jews, and that Auschwitz was
a "transit camp".
Those who support Dr Toben's extradition say those views might qualify
him for a British prosecution.
Dr David Cesarani, a lecturer in Jewish history and campaigner against
British Holocaust denier Dr David Irving, said Dr Toben had a "long and
obnoxious record" of anti-semitism.
'Unusual case'
"His views would probably qualify him for prosecution under laws against
incitement to racial hatred in this country," he told the BBC's Jeremy
Vine program.
"While it may seem an unusual case we are part of a global judicial
system and it is for the best."
Liberty director Shami Chakrabarti said: "When people are wanted in
other democracies for actions that would be considered serious crimes in
Britain, most would agree that extradition should be possible.
"But the danger with "fast-track" extradition is that there is less
opportunity for justice to be seen to be done before someone is bundled
off to another jurisdiction."
***
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Not so sure it's off topic Ritalin. If there was no Holocaust scam the chances are there would be no Apartheid State in the first place.
ReplyDeleteWell Michael, Palestinian righteous thunder is always being stolen.Genocide trumps all else. Consequently, I stand down in their presence to insure their seldom heard voice rings loud and strong.
ReplyDelete