Speaking about Germany's rejection to criminalize Holocaust

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Speaking about Germany's rejection to criminalize Holocaust denial

Shalom! I want to speak about Germany's rejection to criminalize Holocaust denial. As it became known to me, Germany does not want to use its EU presidency to push through legislation that would make denying the Holocaust punishable by stiff jail sentence throughout the territory of all EU member states. This is outright revolting! It is anti-Semitism you know! And an offence of my nation! As I see it, German politicians got tired to have guilt complex and are having a settled intention to overcome it. I hope Angela Merkel understands that Holocaust denial suggests denial of Hitler's crimes, justifying the Nazi concepts and reconsidering WWII results?! I wonder, whether Germany intends to head up the Red and Brown Europe and cold haul. At all events, heroizing fascism in the Baltic region, as well as rising neo-Nazi political fractions in the European parliament tend to push to such assumptions. What is alarming most of all, these trends come true with the privity of European Union and Germany as a EU leader of this year. Is there need to remind that Germany is the originating point of Nazism in the whole? Looks like the Hans are zealous for rebirth of this evil!

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FYI: It is illegal to deny Holocaust and the crimes of the Nazi-regime in Germany. Anybody being anti-semitic and/or displaying Nazi symbols is a criminal in Germany. Facts.

However, I don't know if Angela Merkel is willing to impose german laws on the EU, even if they have EU presidency. Austria, for instance, has the same or similar laws and is a member of the EU.

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Re: Speaking about Germany's rejection to criminalize Holoca

MoisheIV wrote:

And an offence of my nation!

Are you trying to say that anything that is offensive to your nation should be outlawed around the entire globe? Are you willing to apply the same standard to your own country? There are people out there that find your country and religion to be offensive.

Holocost denial is stupid but your desire to not be offended doesn't automatically supercede someone else's right to express their beliefs either.

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MoisheIV wrote:

I want to speak about Germany's rejection to criminalize Holocaust denial.

Although this part of our Criminal Code was already introduced in the beginning of the Federal Republic in the late 40's of last century (origianally dating to pre-Weimar Republic times), in was changed in 1960 significantly to focus not only on the left.

(4) was added in 2001.

Besides that, there have been a lot of publictions about this - in German, English and Hebrew.

Quote:

Section 130 Agitation of the People
(1) Whoever, ...
(2) Whoever: ...

(3) Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1), in a manner capable of disturbing the public piece shall be punished with imprisonment for not more than five years or a fine.

(4) Subsection (2) shall also apply to writings (Section 11 subsection (3)) with content such as is indicated in subsection (3).

(5) In cases under subsection (2), also in conjunction with subsection (4), and in cases of subsection (3), Section 86 subsection (3), shall apply correspondingly.

Section 86 (§ 86 StGB)

MoisheIV wrote:

As it became known to me, Germany does not want to use its EU presidency to push through legislation that would make denying the Holocaust punishable by stiff jail sentence throughout the territory of all EU member states.

Criminal Codes are affairs of national püarliaments.
There's no EU-criminal-law at all.
Besides that, the "presidency of the EU" (which lasts only 6 months) has (nearly) no power at all: the Presidency of the Council of the European Union (sic!) refers to the responsibility of presiding over all aspects of the Council of the European Union.
The Presidency, which is sometimes informally called the European Presidency, has as its primary responsibility to organize and chair all meetings of the Council.
Consilium (Council of the European Union)

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I think the EU has decided, or will decide, that free speech is the more important issue. I happen to agree.

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"The EU" decides nothing, roger. :wink:

Quote:

The planned rules seek to criminalize racist declarations that are an incitement to violence against a specific person or group. The aim of the proposal is to harmonize national legal systems in their approach to combating racism and xenophobia.

EU Justice Commissioner Franco Frattini last week welcomed the German proposal, saying that while freedom of expression was part of Europe's values and traditions, its democratic societies also allowed to fight racist speech through penal law.

However, he also said earlier this month that it should be up to national governments to decide on the length of jail sentences for people inciting racism and xenophobia.

While being unanimous in their condemnation of those who deny the Holocaust, EU leaders are split over whether to criminalize such acts.

Germany views a common EU law as a moral obligation, but countries like Britain, Italy and Denmark have resisted common rules as a violation of civil liberties.

Source: Expatica

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Speaking about Germany's rejection to criminalize Holocaust

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