The denial of my motion gives the impression that the lay judges conducted the trial with a goal in mind and do not look at facts with the necessary distance of the impartial.
Rejecting my motion the lay judges rejected the necessary elucidation of the facts before pronouncing a conviction.
In my motion to discuss “manifest obviousness” of the so called “Holocaust” I pointed out that the judgment of the first instance does not contain any facts in regard to the so-called Holocaust” not even in regard to other court decisions.
The decision in the first instance points to numerous passages of the incriminating book by Carlos Mattogno which deny, in defiance of the law, the historically established fact of the Holocaust of the Jews, respectively the gassing crimes in Auschwitz. The first instance however does not discuss or confirm any proofs that Auschwitz was the actual place where the genocide occurred. No historical source is mentioned which would allow for informing a person about the legally binding “historically established Holocaust.”
Without actual determination of the deed a conviction for truth rejecting denial of the deed is not possible and legally not tenable.
Without determination, which concrete knowledge about the so-called “Holocaust” the accused had or at least could have had, a verdict having acted against his better knowledge is not legal.
An unbiased judge would take that in to consideration and not deny the discussion of “Holocaust, a manifest obviousness.”
In order to counter the accusation of so-called “Holocaust denial” I moved to have a discussion of the principles underlying “Holocaust, a manifest obviousness.”
As long as the lay judges give judicial notice that the “Holocaust” is “a manifest obviousness” I am not able to give concrete proofs on my behalf. In this way the lay judges deny me the right to a legal hearing (Art 103 ll GG) and give cause to a worrisome prejudice.
In addition it is contradictory to sentence or to confirm that a truth rejecting denial took place, and at the same time deny proof of the deed.
Judgment according to political correctness
The necessity to discuss the principles of “manifest obviousness” is a given on account of numerous statements which put “manifest obviousness” in doubt. “Manifest obviousness” means unchallenged and unanimity (vgl. Alsberg/Nuesse/Meyer, “Motion for Proof in a Criminal Trial,” 5. Aufl. Munich 1983, p.568)
(…) Following statements by history professor Dr. Ernst Nolte are important.
“Only when the rules of the interrogation of witnesses are generally applied and the testimony of witnesses is no longer evaluated according to political correctness will a secure basis be created for scientific objectivity in regard to the ‘final solution.”
“The common belief that every doubt about the “Holocaust and the six million victims a priori is a mark of a malignant mindset and has to be forbidden, can not be upheld according to the fundamental meaning of the maxim ‘de omnibus dubitandum est – everything has to be doubted.’ Science can never accept that and is to be rejected as an attack against the principal of scientific freedom.
The questions regarding the reliability of the testimony of witnesses, the evidence contained in documents, the technical possibilities of certain events, the believability of the given number, the weighing of circumstances, are not only permissible, but necessary for science. Every attempt, by means of silencing or banning of certain arguments and proofs, must be looked upon as illegal.”
“(…) Questioning the reliability of the witnesses, the veracity of the documents, the technical possibilities of certain events, the believability of the numbers, the weighing of circumstances, is not only permissible, but scientifically necessary. Every attempt to silence or forbid certain arguments and proofs is illegal.”
“If radical revisionism is right on insisting that there was no holocaust in the sense of an all encompassing genocide authorized by the top echelon then I would have to admit that National Socialism was not a fun house mirror image of Bolshevism, but only a fight for survival by Germany pushed into a worldwide, political defensive.”
“…It (revisionism) challenges me, but I am nevertheless unable to join those who demand that the prosecutor and the police take action against it. On account of that I feel myself forced to pose the question: does revisionism have valid arguments or does it rest on lying agitation?
And here the quality of the historian comes into play. The historian knows that ‘revisionism’ is the daily bread of science.(…) The historian also knows that, as a rule at the end, some of the revisionist theses will be accepted by the establishment or at least considered in discussions.
By means of silence it is relegated to the ‘memory hole’
During the historian congress not specifically mentioned were the following: during the war and the first years after the war it was maintained that the mass killings were done by means of blowing in hot steam into closed chambers or the killings occurred by means of huge electrified plates, or by means of quick lime. These lies were simply dropped, just like the rumor of the soap from Jewish corpses, which in Germany however was picked up again just recently by an ad in the newspapers paid for by a well known producer. The best known witness report of the member of the confessional church and SS leader Kurt Gerstein has been dropped from the collection of documents by orthodox scholars.
It is also known that Jean-Claude Pressac, in spite of his strange presence and recognition as a serious scholar, has recently reduced the number of victims gassed in the gas chambers of Auschwitz to approximately half a million.
Confessions gotten by torture
These specific corrections are not basically different from the claims which according to my knowledge the revisionists believe in: namely that the first confessions of Hoess, commander of Auschwitz were forced out of him by torture; that the witnessing of flames, sky high, coming from the chimneys of the crematoria must have been due to deluded imagination; that it was technically not possible to cremate daily 24,000 bodies; that the mortuaries which daily registered 300 bodies during typhus epidemics were indispensable and during these periods therefore could not have been used for mass killings.
6 Ernst Nolte, Streitpunkte, Ullstein, Frankfurt am Main/Berlin 1993 S.308 (Vorlesungen S. 137).
7 Ernst Nolte a.a. O.S.309.
8 Ernst Nolte, Francois Furet, Feindliche Naehe, Herbig, Muenchen 1998 S. 222-224.
9 “Atze Brauner, Frankfurter Allgemeine Zeitung, Sueddeutsche Zeitung, May 6, 1995.
Such numbers do not surprise the historian, since he knows from his studies that since the time of Herod gigantic numbers (if they are not recorded as official statistics) are questionable. He also knows that rumors will fly where large crowds of people are finding themselves in extreme situations and experience events difficult to understand.
The statements of Rudolf Hoess, commander of Auschwitz, which without a doubt contributed in a large part to the mental collapse of the accused during the Nuremberg war crime trials, were preceded by torture and therefore, according to the rules of Western civilization, are not legally valid. The Gerstein documents contain so many contradictions and so many impossibilities that they are also without value. The testimony of witnesses rests to the largest part on hearsay and conjecture. The reports partially contradict each other and create doubt as to their believability.
A careful examination after the war by an international expert commission as was performed after the discovery (l943) of the mass graves at Katyn by the German Army did not take place. The blame for this rests on the Soviet and Polish Communists.
The publication of photos of the crematoria and a few cans labeled ‘Zyklon B. poison gas’ are no proof whatsoever since in the larger camps infected by typhus crematoria were a necessity. Since Zyklon B. is a well known vermin killer it can’t be dismissed where there are masses of people living under poor hygienic conditions.
Questions have to be permissible
To question the traditional belief that the mass murder in gas chambers is a “manifest obviousness” proven by countless witnesses and facts has to be permissible, or science is not applicable.
We are dealing with claims which, on the basis of natural science, respectively contain technical impossibilities such as mass murder by means of gas which was not possible and could not have been possible especially to the alleged extent. I am talking here about the chemical analysis of the Cyanide residue in the delousing chambers on one hand and the rooms first planned as mortuaries on the other hand. These expert opinions were written up by Leuchter, Rudolf and Lueftl and last but not least by the extremely thorough studies by Carlo Mattognos who concerned himself with details like time span of incineration, usage of coke, etc. Against the fact that scientifically and technically the mass murder as described was not possible (even if hundreds of confessions and witness reports maintain the opposite), arguments such as these cannot be given credence. In this matter scholars of philosophy and ideology critics are not qualified to have any say.
It is absolutely necessary to discuss the “manifest obviousness’ of the ”Holocaust.” The proof is in the factual and legal article by Fritjof Meyer, a representative of the “exterminationists” who wrote in the year 2002 in the magazine “Osteuropa” in regard to Auschwitz-Birkenau: “The genocide did not take place in the concentration camp (Auschwitz-Birkenau), but most likely in two farm houses. (Osteuropa, v. May 2002, pp. 631-641). With this he contradicts witnesses and innumerable statements about Auschwitz-Birkenau. This again points to the fact that there is a need for a discussion about Auschwitz-Birkenau as to the “manifest obviousness” of the place of the crime.
Judges deny elucidation of facts
The court is supposed to freely decide according to its conviction which it should gain from the content of the trial. Without judicial discussion of “manifest obviousness” of the so-called “holocaust” which is not going to be the object of the trial, it remains unclear how lay judges gain their conviction. It is worrisome that their conviction is not based on the content of the trial, but that they let themselves be influenced by outside considerations. This is not only a violation of & 261, but also worrisome bias.
Since factual, meaningful reasoning is neither named nor can be surmised why the “manifest obviousness” of the “holocaust” is not to be discussed the conclusion can only be that an elucidation of facts has to be avoided on account of outside influences. That is not only a serious violation of & 244 II, III StPO, but also an offence against the basic principles of right and justice.
It is worrisome that the lay judges are striving for an outcome of the trial which has nothing to do with trying to elucidate facts.
The refusal to discuss the “manifest obviousness” of the so called “Holocaust” gives rise to the fear that they desire a conviction on the basis that it does not matter to them if the so-called “Holocaust” did or did not take place.
It is worrisome that the lay judges insist on a conviction on the one and only basis namely that the “Holocaust” has been doubted.
This opinion was already articulated by the state court of Mannheim which in the year 2007 convicted Ernst Zuendel. The “tageszeitung” (2/9/2007, p.6) writes about the Zuendel trial: “At the end the court denied all motion with the lapidary reasoning (shocking for some antifascists in the audience) that it does not matter if the Holocaust did or did not take place. In Germany its denial is punishable. And it is only that which counts in front of the court.”
It is not enough to simply base a sentencing on the accusation that the so-called “Holocaust” was contested. It is also not enough to sentence the accused for defamation without ascertaining if and how his claim was untrue.
It is a violation of all the principles of justice and a clear case of arbitrariness.
Perpetual pressure for a “correct mind set”
It should not be assumed that the lay judges simply set aside the principles for correct procedures due to their own volition, but are subject to and succumbed to the pressure to follow the “correct mind set.” It is for this reason they prevent a discussion about “manifest obviousness” in order to make an effective defense impossible.
The so-called “Holocaust’ is not defined in &130, and not even mentioned. It is to be feared that the lay judges convict by disregarding the iron clad principle that in order to punish a deed culpability has to be described and circumscribed by the law beforehand. (Art 103 GG/nulla poena sine lege – no punishment without law).
The argument of the lay judges that the “manifest obviousness” of the “Holocaust” needs no discussion because the “Holocaust” is manifestly obvious is a circular argument, and neither logically nor legally tenable. Circular arguments of this kind show clearly the bias of the judges.
The well founded fear that the judges will pronounce a sentence based on bias (as described here) justifies the rejection (of the judges) by the accused on account of bias.
Judges and jurors declared that they harbor no sentiments of bias. (By the way it does not matter if a judge considers himself biased. It does not even matter if he follows a party line or is biased. The application for rejection has to be judged from the point of view of the accused). The very same day, after one sitting, the application for rejection was turned down.
During an intermission the jurors and Guenter Deckert started to talk. The jurors gave him to understand that the application for rejection offended them because they were considered stupid.
We know what kind you are
After that, still on the same day (January 13, 2012), the prosecutor Andreas Grossman had several questions for Guenter Deckert. His aim was to elicit Deckert’s opinion about the “Holocaust.” After his introduction “you are the great doubter” he wanted to know if what’s in the preface of the incriminated book is correct, namely that he (Guneter Deckert ) is neutral to the content of the book. The prosecutor continued with his questioning: was there according to his opinion a state organized genocide of the Jews? Guenter Deckert answered: I am not an arbitrator here. I am not a researcher. I have doubts and my doubts are justified. I fight against the limitation of expressing an opinion.” “What is claimed is technically not possible. THAT is what I say. One must be allowed to express doubts.” “If you give me forensic proofs, I will be the first one who will admit I was mistaken.”
After that the questioning was finished.
The next day of the trial came the final speeches.
Andreas Grossmann exclaimed: Deckert defamed the memory of the dead (&130). It is very clear that the ”Holocaust” was denied. In his book, Carlo Mattogno writes about the “supposed genocide” and the “supposed mass gassings of humans.” He continues on that the lies have been enshrined in memorials and that there is no historical proof of the first mass gassings in Auschwitz. Without a doubt Carlo Mattogno wanted to deny the “Holocaust.” Guenter Deckert contributed to the book in order that it could appear in Germany. This has been proven by two secured copies.
Guenter Deckert, in the preface of the book, wrote that he is neutral to its content. Judging by his curriculum vitae that is pure hypocrisy. He turned to Deckert: “We know what kind you are. Don’t expect us to accept your pretense of distancing yourself from the book.” He spoke of the vain attempts (by Deckert) to exonerate Germany. You will not be successful. With what you are doing you will only prolong Germany’s disgrace. He (Deckert) is not contrite and not redeemable. One thing you can’t tolerate namely that the Holocaust is an historical fact. Grossmann increased his attack calling Deckert a vainglorious, stubborn, unredeemable holocaust denier.” Deckert evaded his question as to whether there was a state organized genocide.
Hunt for unwanted literature
In his final defence Guenter Deckert pointed out that the memory of HIS ancestors is continuously defamed. There is no proof (as to the Holocaust). The historical truth is neutral. “One must ask: What are the concrete facts. I will not be cowed by cheap arguments. I will not have my rights as a citizen restricted. I do not like to be forced to believe without concrete proofs. Even a prison sentence will not be able to force me.
They talk about tolerance and mean the inquisition. People can be intimidated by the threat of punishment, but only for a certain period of time. The brain continues churning. I am not crawling on account of you … The hunt for unwanted literature is disguised as a fight against crime. … Having doubts I insist on the right to express them. You, Mr. Grossmann believe, because you want to believe. The German people first had to be “reeducated” in order to believe the “Holocaust.” I will gladly admit being in error if you show me proof. Why is there no call for an independent research committee? I am for plurality of opinion … It has always been my motto: Don’t believe if there is no proof. I want to be part of an enlightened state.”
After an interruption of less than an hour the Sentence was pronounced: 6 months without probation. One month was deducted on account of the undue length of the trial.
The main judge, Roos, said in the oral pronouncement “that one can be of a different opinion. This has always been the case. Whatever happened here in the state court of Mannheim, the trials against Zuendel, Rudolf or whomsoever, have no bearing on this case. This case deals only with your work on the book by Carlo Mattogno … WE have tried to interpret you correctly. First we hold that &130 is in agreement with the constitution. The problem is that &130 contains innumerable undetermined concepts and interpretations….The Castle Hill publishing house resides in England. There the denial of the Holocaust is not punishable. The special rule of & 9 StGB: participation in crimes committed in foreign countries applies here to you. Maybe this rule would allow for different interpretations. But that is the least of the problem. About disturbing the public peace we can work ourselves into a bind. Let us wait what the higher court decides. This trial was dropped into my lap. I did not want it.
…On one hand you have a right to stick to your convictions. On the other hand you have to count on bearing the consequences of your insistence on staying with your opinion. Mentally you did not distance yourself from your convictions which was obvious during the trial. If you had distanced yourself we could have considered probation. The negative consequence of this trial is that the publicity of the book will be promoted. We have to accept that …and is just as unintelligible as & 130.”
Expressing an opinion is equated with committing a violent action
In its written judgment the chamber justifies not granting probation as follows:
The deed of the accused seriously endangers the public peace, especially in these times of the resurgence of right wing extremism which have been documented by the crimes of the NSU. Since it is obvious from the growing dangers of a resurrected right wing extremism, the chamber holds that these accused have to be fully punished in order to prevent the danger of imitation. Probation for the accused would not go over with the general public and would be considered as an unjustified leniency toward right wing radicalism [The public knows nothing, because there is not a peep in the media about the Deckert trial. C. Miller]” (p.56 of the appellate court).
That the chamber seriously supports a judgment with such untenable factual and legal arguments points to an arbitrary persecution dictated by foreign interests outside the confines of the trial. It is obvious that the argumentation of the chamber is politically motivated and has nothing to do with justice.
The federal constitutional court made the following decision: The prohibition to spread so-called right wing thoughts lacks defined contours. A position such as right wing extremism depends on the reciprocal effect of changing political and societal contexts and a subjective valuation which does not allow for defining the borders where punishment is justified.
The spreading of right wing and National Socialist thought is not enough for a critique of what is right or wrong or which disallows certain thoughts. (1BVerfG, 1 BvR 1106/08, 12/8/2010, number II 2 b cc(1).
In spite of the fact that this is not a critique of legality, the statement of a politically uncomfortable, so called right wing extremist opinion is categorized as a “first step” to violence. But that is not all. Even an opinion is equated with violence. Guenter Deckert is equated with a murderer in order to justify the denial of probation. With this judgment the chamber ignored the most basic principle of justice.
For a long time they tried to portray so-called right wing extremists (a slogan of the office for the protection of the state) as prone to violence in order to isolate them and to make it easier to persecute them on account of their “incorrect” opinions.
They don’t even hesitate to portray assassins as right wing extremists even if they are declared opponents of National Socialism and supporters of Israel, for example the “assassin of Oslo,” (July, 2011) Anders Behring Breivik, who in the meanwhile has been sentenced.
Gilad Atzmon, Israeli musician, writes on the net under the heading: “Was the massacre in Norway a reaction to BDS?” (Boycott, Divestment and Sanctions):”
“The AUF (Norwegian Worker Party Youth Organization) promoted an Israel-Boycott Campaign (…) Yesterday we learned that the mass murderer Anders Behring Breivik is an openly enthusiastic supporter of Israel (…)Yesterday Gordon Duff wrote in the paper “Veterans Today,” that the car bomb attack” is marked by an official secret handwriting. (…) In his admiration for Israel Behring Breivik seems to have treated his own countrymen with the same disdain as the IDF (Israel Defense Forces) treat the Palestinians. In a Hebrew article which states that the AUF Camp is pro-Palestinian and supports the Israel boycott, I found among others, the following comments:
24. “The Oslo criminals paid.”
26. “It is stupid and wicked not to wish death on those who call for a boycott of Israel.”
HYPERLINK “http://www.gilad.co.uk/writings/gila...ds.html” http://www.gilad.co.uk/writings/gila...n-to-bds.html;
July 24, 2011.
A manifest by Anders Behring Breivik titled “2083” – A European declaration of Independence is supposed to call for: “Support Israel’s fight against the Dschihad.”
The mass media however call Andres Behring Breivik a right wing radical. It is another trick commonly used to deceive and to even malign many an Israeli and their supporters as right wing radicals. In this way the establishment hopes to blame violent crimes on national movements in order to discredit them. You could call such an act of perfidy artful, if it weren’t too unbelievable.
They also emphasize that Breivik’s neighbors found him friendly and nondescript.
Such articles are supposed to give people the impression that “Nationals” are violent, brutal, unpredictable, and their friendly behavior is only camouflage.
It is not a new method to malign the opponent as a criminal and to saddle him with having committed murder, in order to effectively eliminate him.
The existence of the so called “NSU” was then and is now unproven. Let me point out that up to now there is neither a proof nor a sentencing in regard of acts of violence of a so-called “NSU” (“National Socialist Underground.”). The so called “Doener murders have not yet been cleared up, and an involvement by the NSU is extremely doubtful. On the other hand the involvement of the “Verfasssungschutz” (protection of the constitution) which shuns the light of day is quite obvious.
From where then does the Mannheimer court get its conviction that the NSU committed crimes?
The two following articles contain only a fraction of facts which refute the unsubstantiated supposition of the Mannheim chamber.
“Doener” murder on account of gambling debts?
Turkish press ( HYPERLINK “http://www.turkishpress.de/2009/12/1...n/id287” http://www.turkishpress.de/2009/12/1...schulden/id287
) by Fikret Deniz 12/12/2009-18:28.
In the continuing investigation that began in 2000 into the mysterious murder series there might be a possible new trail. In 2007 the Turkish office for criminal investigation reported that a drug war was the cause.
According to “Spiegel” Turkish “Ceska” investigators follow a hunch that the murder of nine men in Germany are connected to betting frauds and postponed football games. But the German BKA did not want to comment on the report on account of the ongoing investigation.
According to “Spiegel” the police, by means of telephone surveillance, found out about a murder in Turkey for which a 42 year old Turkish godfather was named as having given the order. Additional telephone conversations of the circle of the betting mafia about this murder were overheard.
The Turkish office for crimes in 2007 already gave a report which had come to another conclusion.
According to the newspaper “Zaman” of October, 2007 the Turkish state office for criminality gave to the German investigating bureaus their results in regard to the Doener murders. The summary of this report to the German office showed a connection between the Doener murders and the drug scene in Europe which involved a family clan from Diyarbakir. According to the report the eight victims of the “Doener murders” were considered distributors within the drug scene. In addition the victims were supposed to have paid “protection money” to the PKK in Europe and the family clan in Diyarbakir.
The Turkish office for criminality at that time found out that the family clan in Diyarbakir wanted to establish a new distribution ring in Europe. When the hoped for money from the drug scene did not materialize the PKK blackmailed the new distribution ring. The family is supposed to have ordered the murder. The brazenness with which the victims were murdered in broad daylight made one suspect, already then, that it was the handy work of professional killers. The BKA (Bundeskriminalamt) and the Nuremberg police were in the dark, since there were no witnesses or clues. According to the report all murders were committed with three different pistols of the Czech brand Ceska (7.65mm). This report was handed over via the BKA to police chief Wolfgang Geier.
The KOM checked out the 8 victims which were supposed to have been distributors of drugs. The terrorist organization PKK was supposed to have extorted protection money from the victims and in that way tried to take over the drug scene. A successful investigation of the drug scene in Turkey and arrests would have, according to the report, for quite some time seriously hindered the distribution of drugs and curtailed the flow of money. In this phase the family extorted protection money because it wanted to gain a foothold in Europe and build up a new drug ring. The Turkish office of investigation therefore surmised that a drug war had broken out between the PKK and the family clan and that the drug distributors were killed in this war. The Turkish investigators announced that the family clan had commissioned a five member murder commando. The murder itself was always committed by one member of the team with three different pistols of the trade mark Ceska. In this report the name of the murderer and the family clan were revealed and the Nuremberg police informed.
The dubious role of a “protector of the constitution”
zeit online, Datum 14.11.2011-20:33 Uhr, @ Uwe Zucchi/dpa.
The investigator of the Neo-Nazi group NSU has a hard time to come up with an explanation. According to a media report a “protector of the constitution” was supposed to have been on location during a murder.
It is possible that an official of the Hessian “protection of the constitution” is more involved in the offence which is supposed to have been committed by the Neo-Nazi-group, National Socialist Underground (NSU). During the murder of a Turkish shop owner in Kassel (April, 2006) the official was supposed to have been seen at the scene of the crime (Frankfurter Allgemeine Zeitung – referring to security circles).
Up to now the official story was that the man had left the Internet Cafe that the victim was in one minute before the murder was committed. In the meantime the official has been suspended from his position. According to the report the Kassler prosecutor investigated the “protector of the constitution.” The investigation was discontinued because no connection with the murder could be found. At that time several weapons were supposed to have been found in the apartment of the official. The Turkish shop owner was the last in a murder series of migrants which are blamed on the Neo-Nazi group whose members are supposed to have lived in a mobile home in Eisenach. The Hessian protection for the constitution did not give out any information.
The office for the protection of the constitution considers consequences
In the meantime the office for the protection of the constitution is examining which consequences the case will have on its future work. The office is checking which changes it has to make in regard to the Neo-Nazi-Scene.
The court in Mannheim painted a picture of a criminal NSU using innuendos and thereby subjecting itself to foreign considerations.
The utterance of an opinion, for example the denial of the so called “Holocaust,” meaning the refutation of a mass genocide is equated with assassination and murder.
This is arbitrary. (Does the “NSU” serve the same function for a pretext as “9/11”?)
To know and having to believe
The judgment of the appellate court, just like the first judgment, contains no facts about the “Holocaust”, not even references to other trials.
The chamber considers Guenter Deckert to be unrepentant (Page 55 of the appellate court) and therefore probation can not be considered. To call Guenter Deckert an unrepentant “actor” along with the accusation of denial of the Holocaust against his better knowledge is a contradiction. The sentencing is therefore contradictory and flawed.
The lack of action against better knowledge is fortified by the determination of the appellate court about the mind set of Guenter Deckert: “At the beginning of every scientific debate, and he also considers his own action and also Mattogno’s publication as such, there has to be doubt. Science lives from the exchange of arguments. And that has to be permitted. He wants to know and does not want to be forced to believe. His doubt can be explained by the ad in the Impressum. In all modesty he (Guenter Deckert) cannot judge if Mattagno is right with his objection to Danuta Czech ’scientific opus’” (p. 48 of the judgment).
The judgment states: “The intent of distributing the book is to incite the reader not only against Jews living in Germany and in that way to produce discontent among the people, but more important (what the accused was aware of) he denied that the dead were persecuted, especially the Jews, who had been killed en mass by means of poison gas. This is an offense against the dignity of the Jews.” That Guenter Deckert wanted to sow dissent in the population and wanted to offend the dignities of the Jews is pure surmise and insinuation on the part of the judges. As was mentioned above no elucidation of the “Holocaust” neither an elucidation of the knowledge of Guenter Deckert was attempted. Mere suspicions cannot be used to the detriment of the accused. (Dreher/Troendle, commentary to the Strafgestzbuch, 46 edition, Muenchen l993. to&46 Rn 17a).
“The action of Guenter Deckert, denial of the Holocaust, contrary to historical truth, is defamation, especially of the Jews” (p. 53 of the sentencing).
Since in the course of the whole trial no concrete facts regarding the historical truth of the Holocaust were brought forth nor communicated – not even in reference to other judgments – a sentencing for defaming the memory of the dead is not legal.
Manifest obviousness is unsupported
The OLG Karlsruhe denied revision of Guenter Deckert’s case as having no merit (August, 2012) (349 Abs. 2 StPO) (3 (4) Ss304/12-AK126/12).
The constitutional court of the BRD did not accept and made no decision concerning the complaint citing the constitution (basic law December 12, 2012 – 1 BvR 1891/12). No reason was given. According to & 93 d Abs. 1 Satz 3 BVerfGG non-acceptence does not have to be justified.
Guenter Deckert’s motion to repeat the trial has not yet been looked at.
Guenter Deckert was ordered to start his sentence January 2, 2013 at the prison in Mannheim.
For every logical, thinking and honest person it is obvious that Guenter Deckert’s sentence rests on many arbitrary decisions. His sentence is based on illegality and has no merits.
A female judge of the former DDR was convicted on account of bending the law: “This is not justice, but arbitrary suppression, aimed to eliminate a political opponent. The type of punishment does not agree with factual considerations. Its recognizable aim is to intimidate politically incorrect thinkers and thereby secure the rule of the present power elite.” Object of the sentence which the judge pronounced, was an undesired opinion and was therefore penalized (news of the BVerfG Nr 41/98 , April 22, l998, BVerfG 2 BvR 2560/95).
Sylvia Stolz, excluded from the law profession on account of “Holocaust denial”.
Pfarrer –Grabmeier-Allee 10, 85560
Email: [email protected]