I read a news story last week which has rested on my mind over the weekend. Let me open up. http://news.bbc.co.uk/1/hi/uk/7646556.stm This story refers to an Australian citizen in transit through the UK who has been arrested becasue Germany has issued an extradition request, on charges of holocaust denial. Indeed, Holocaust denial is not a crime in the UK, but the terms of the EU Arrest Warrant apply. I am uneasy about the idea of extraditing someone for something which isn't a crime here when the offence appears to have been committed on the internet, which isn't clearly in a particular jurisdiction. What I find even more alarming is that it should be held to apply to an Australian, who is not a citizen of the EU. When powers seek to impose their jurisdiction upon those who live beyond their borders - and be not fooled this is exactly what this is - that is called 'imperialism'. The same issues in reverse apply to the UK legislation regarding sexual offences committed abroad by UK citizens. Surely to God there is a case for arguing that one ought not to be made subject to the laws of a country that one has never entered, in which the act was not committed and over whose governance one has no bloody entitlement to pass electoral judgement. Frankly, if Germany wishes to impose its draconian laws upon the Australians, then it ought not to do so by such ruddy devious means. At least what ex-Chancellor Kohl euphemistically described as "the customary German approach to problems" had the merit of being recognisable for what it was.
Mani Hussain Mon 06/10/08 18:27
To subscribe to this question you need to
sign in to the AnswerBank or register
if you are not already a member. All you need is a valid email address to register.
|
|
These are the important paragraphs here:
The arrest warrant alleges that Mr Toben committed the offence in Australia, Germany and other countries, and that the material is also "of an anti-Semitic and/or revisionist nature".
It was issued by a court in Mannheim, Germany, where Mr Toben was given a 10-month jail sentence in 1999 after publishing a newsletter which denied the mass extermination of Jews in gas chambers at Auschwitz.
He has broken the law in Germany. European law, which we must almost obey (and I'm not saying I agree with that), says that a man wanted for a crime in one European country can be arrested in, and extradited from, another.
|
|
|
This holocaust denial law is a load of boll***s.
The holocaust is an event in history and whilst it is an appalling episode its denial is no different than denying that Henry VIII existed. If I was to walk down my local High Street and proclaim that Henry VIII never existed would, or should I expect to be arrested and charged with a serious crime that carries a term of imprisonment.
|
|
|
Lucy-Thomas....Denying the existance of Henry V111 is hardly inflammatory but denying the Holocaust is inflammatory by offending those who have proof otherwise.
As is fantacising torture/murder of girl-bands being inflammatory to the individuals and their extended family/friends/fans. Both opinions or 'free speech' are meant to inflame others to act against individuals who disagree.
|
|
|
I agree with terambulan, and it's also ignotrant to deny the Holocaust. In 500 years time, it might be alright to deny it, but at the moment, it's still a very real event, fresh in the minds of those who survived it, and for the relatives of the poor souls who were tortured and killed.
|
|
|
Leaving aside the issue of whether holocaust denial is right or wrong, the important issue here is that this man is being detained in the UK for an action which is not illegal here.
At the time the measures to approve the European Arrest Warrant went through the UK parliament, Lord Filkin, then the Home Office Minister, said that no one would be extradited for conduct that was legal in Britain.
Holocaust denial is not illegal in the UK as it is elsewhere. “Xenophobia” and “Racism” are also not specific offences in the UK but they are elsewhere.
Five years ago, nobody would have believed that people in this country would be arrested for activities that were not illegal here. In five years time we may see people arrested for voicing concerns about the European Arrest Warrant (xenophobia) and for lobbying to limit immigration (racism).
Well you may laugh. But so did people five years ago when it was suggested that people in this country would be detained for holocaust denial.
|
|