EU to seal deal on 'diluted' legislation criminalising denial of the Holocaust

[milmor_1]

EU to seal deal on 'diluted' legislation criminalising denial of the Holocaust

By Stephen Castle in Brussels
Published: 19 April 2007

Holocaust denial will be punishable by jail terms across the EU - but only if it incites violence or hatred against specific groups - under measures due to be agreed today.

After six years of negotiation, the agreement is likely to be sealed, despite pressure from Baltic states for the crimes committed by Stalin to be brought into the scope of the law.

In 2005, Luxembourg tried to use its EU presidency to push through tough EU-wide legislation on the subject but was blocked by Italy's centre-right government, which has lost power. Last year the temperature rose again following the publication by a Danish newspaper of 12 caricatures of the Prophet Mohamed, sparking protests that highlighted European divisions about freedom of expression.

Consensus over the deal has been achieved by whittling away at the impact of the legislation, leaving a great deal of discretion to individual countries to implement their own law.

British officials said yesterday that the text would require no legal changes in the UK, which has long punished incitement to racial hatred and last year passed a Religious and Racial Hatred Act. They say that academic freedom to question aspects of the Holocaust or other historical events would not be compromised in Britain.

The latest draft text would criminalise those guilty of "publicly condoning or grossly trivialising" crimes of genocide recognised by the International Criminal Court "when the conduct is carried out in a manner likely to incite violence or hatred".

There will be no Europe-wide ban on the use of Nazi symbols - one of the original objectives of the law's drafters. National legislation in many nations, including Germany and Austria, already goes much further and will remain in force in those countries. All 27 EU nations will have to ensure that maximum jail terms of one to three years are at the disposal of their courts. Britain's most severe tariff for such offences is already seven years.

The European Network Against Racism said it was worried about a deal on "a weak framework decision on racism and xenophobia" which would be "without any substantial intent to provide strengthened protections for those who experience racist crime and violence in Europe". The measure has also been drafted to prevent it creating an EU-wide rule covering the denial of other historical events such as the Armenian genocide. Britain also pressed successfully for a provision to ensure that attacks on religions are covered only when they are of a xenophobic or racist nature. That means that a criticism of Islam or other faiths would not, per se, fall into the scope of the text.

Last night, Lithuania and Estonia said they were unlikely to block a deal. They had pressed hard for the crimes committed by the Soviet Union under Stalin to be brought into the scope of the law. That was resisted by most countries but a compromise was being drawn up which will include a political declaration condemning the mass murder committed under Stalin.

EU to seal deal on 'diluted' legislation criminalising denial of the Holocaust - Independent Online Edition > Europe

[Woodmonkey]

Holocaust denial will be punishable by jail terms across the EU - but only if it incites violence or hatred against specific groups - under measures due to be agreed today.

< snip >

The latest draft text would criminalise those guilty of "publicly condoning or grossly trivialising" crimes of genocide recognised by the International Criminal Court "when the conduct is carried out in a manner likely to incite violence or hatred".

This compromise sounds reasonable to me.

Britain also pressed successfully for a provision to ensure that attacks on religions are covered only when they are of a xenophobic or racist nature. That means that a criticism of Islam or other faiths would not, per se, fall into the scope of the text.

Glad to see that provision is in place or there would be all kinds of hell to pay over time.

[Caldric]

Making "thought crimes" is just wrong on so many levels.

It makes a few elitist think they are doing something for society yet only leads to the slippery slope.

Stalin exterminated 2 or 3 times as many people as Hitler and his regime yet they will get a "notice".

[Snowden]

I hope it works; denying history because it's unpleasant makes no sense. I realize it's for propaganda, but how do they expect it to really cover up what has happened in the past? I guess after a century or so, things can be hidden, but in reality, I believe the truth always comes out.

[Woodmonkey]

Originally Posted by Caldric

Making "thought crimes" is just wrong on so many levels.

I agree. I can understand why they put that law in, but....it was all encompassing and even disagreement about fine points was against the law. This makes more sense - doing it to incite violence is a good clarification.

Stalin exterminated 2 or 3 times as many people as Hitler and his regime yet they will get a "notice".

And.........the countries that suffered under him had to fight for that footnote too.

[Caldric]

Originally Posted by Woodmonkey

I agree. I can understand why they put that law in, but....it was all encompassing and even disagreement about fine points was against the law. This makes more sense - doing it to incite violence is a good clarification.

I agree but people like David Irving who was a political prisoner in my opinion for his thoughts that create debate. That is truly who this law is pointed at. I don't agree with Irving but he has valid points to be made and he has been arrested in a couple of countries for his writing and I find that wrong because he uses historical documentation to make his points.

He never has asked for violence but debate and open discussion. To jail a man for thinking and writing what he thinks is FAR more criminal then what he has to say.

They want to control how people think and that is not only Orwellian but criminal to me.

The day they pass a law like that in the United States burn your flag because we are no longer Americans but puppets and sheep.

Europe is ran by Elitist pigs and morons. They can take that as an offense too because I mean it as one they ***** about Bush constantly while they pass laws to keep learned and un-learned men from thinking? Yeah right welcome to nanny government x10.

And.........the countries that suffered under him had to fight for that footnote too.

Estonia and the Baltic states basically exterminated their entire Jewish population. Only Hungary/Romania and especially Albania tried to put up a fight against the extermination. Soviets exterminated almost the entire intelligent community of Poland and the Ukraine in 1940-41.