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THE RUDOLF JUDGMENT AS HANDED DOWN ON 15 MARCH 2007 BY MANNHEIM DISTRICT COURT
The Trial of Germar Rudolf in Mannheim District Court
Justice, where art thou?
THE RUDOLF VERDICT HANDED DOWN BY MANNHEIM DISTRICT COURT
- on 15 March 2007 and certified copy 2 May 2007
Translated by J. M. Damon
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Case Number: 2KLs 503 Je 17319/01
Official Seal: Mannheim Landgericht (District Court)
Zweite Große Strafkammer (Second Superior Criminal Chamber)
In the Name of the People: Verdict
In the criminal trial of Germar Rudolf, born 19 October 1964 in Limburg/Lahn, presently incarcerated in Heidelberg prison, married, diploma-engineer of German citizenship;
On suspicion of inciting the masses among other offenses, the Mannheim District Court, Second Superior Chamber, in its session of 14 November 2006 through 15 March 2007, in which the following named persons participated:
District Judge Schwab, Presiding;
District Judge Becker and District Judge Beck, Associate Judges;
Sylvia-Andrea Anders and Wolfgang Voit, jurors;
District Attorney Grossmann, Chief District Attorney Seiler and District Attorney Skopp, of the District Attorney’s Office;
Attorneys for the Defense Bock of Mannheim, Stolz of Ebersberg, and Pauls of Munich; and
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Court Secretary Fritz, official in charge of documents on the day the verdict was announced;
Pronounced the following legal verdict on 15 March 2007:
The accused Germar Rudolf is sentenced to a cumulative sentence of two years and six months incarceration for two counts of Volksverhetzung (Inciting the Masses) and Verunglimpfung des Andenkens Verstorbener (Disparagement of the Memory of the Dead.)
In consideration of the amount of 21,600 euros, the court orders no additional fine.
The accused shall pay the cost of the trial.
The book by Germar Rudolf, >>Lectures on the Holocaust: Cross Examination of Controversial Issues<< is hereby banned.
Laws and Regulations applied in this verdict:
Sections 130 Paragraph 1 Numbers 1 and 2; Paragraph 3, 185, 189, 194; Paragraphs 1 and 2, 54, 52. 53, 73a, 74d of Strafgesetzbuch (Penal Code).
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The grounds for this Verdict, which are abbreviated according to Section 267, Paragraph 4 of Strafprozessordnung (Rules of Criminal Procedure), are as follows.
1. Germar Rudolf was born 29 October 1964 in Limburg/Lahn and spent his childhood in his parents’ home with an older sister and a younger brother, with exception of a period in which his parents were provisionally separated and he lived with his mother. His father was a Sozialpädoge (“worker in social education”) and his mother a certified sales representative whose last position was secretary to the pastor. Both parents are now retired.
Rudolf began school in 1970 and graduated with Abitur in 1983.
He then began studying chemistry at the University of Bonn in 1989, which he concluded with grade average 1 (the best.) After concluding his university studies he performed his year of compulsory military service. After this, in conjunction with Promotionsstudiengang (graduate studies), he was occupied as a doctorial candidate at the Max Planck Institute for Solid State Research in Stuttgart. During the years 1991 through 1993, he began moving in rightist circles and authored a research paper with the title Gutachten über die Bildung und Nachweisbarkeit von Cyanidverbindungen in den “Gaskammern” von Auschwitz (Expert Report on the Formation and Provability of Cyanide Compounds in the “Gas Chambers” of Auschwitz), in which he concluded that mass murder of humans with cyanide gas (Cyclon B) cannot have occurred as alleged, since no residue of the gas is to be found in the masonry walls. In Spring of 1993 this paper was mailed to prominent persons in the legal, political, economic and scientific establishments. In the course of events surrounding the distribution of his expert report, which led to public outrage, Rudolf lost his position at the Max Planck Institute. He concluded his dissertation, but a date for its defense was never set, and he was unable to complete his doctoral degree. In May of 1994 he married and assumed the name of his wife, Scheerer. Two children were born of this marriage, a daughter Tamara (born September 1994) and son Kay (January 1996.) After October 1994, he worked as consultant for the Dill firm, which was owned by a supporter of Major General of the Wehrmacht Otto-Ernst Remer.
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This position was dissolved after his employment with the Dill firm was made public in a television exposé in May of 1995. On 23 June 1995, following a trial lasting seven months, Stuttgart District Court sentenced Rudolf to a prison term of one year and two months (see I. 2). When the appeal of his sentence was rejected, he avoided serving his sentence by fleeing to Spain by way of France. When he learned that Spain was about to criminalize “Holocaust Denial,” he left that country in June of 1996 and settled in England. After a month his wife and children joined him there. He then relocated from Pevensey Bay to East Dean, under a false name. He did not inform officials of his correct address. In 1998 he founded Castle Hill Publishing House with Internet site, through which he distributed Revisionist literature. He had adopted the mission of promoting, distributing and educating the public in Holocaust Revisionism, that is, the thesis that during the Third Reich, there was no nationally organized and systematic genocide of Jews. In 1999 he and his wife separated, and she returned to Germany with the children. They were divorced in August of 2000, with the mother retaining custody of the children. Before his incarceration he telephoned his children regularly. One of the children visited him in the summer of 2004, the other in summer of 2005. Following his divorce, Rudolf re-assumed his own name. When in Fall of 1999 a British journalist located him and made his address public, he fled England to avoid extradition to Germany and made his way to the United States, where he accepted a position under Dr. Robert Countess at the inactive Theses and Dissertations Press, through which he published revisionist literature in the English language. Since he had no work visa, he had to leave the US in July of 2000 and went to Mexico, where he remained pending solution of his visa problem. He was unsucessful in this endeavor. In October 2000 he again entered the US and requested political asylum. Following this he changed his address several times, supporting simself as author and publisher of mostly Revisionist literature.
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In September 2004 he married his present wife, a citizen of the United States. Their daughter Natalie was born in February 2005. In August his wife resumed her profession of teacher. Since he had already reduced his publishing activities and closed his office, he applied himself to caring for their daughter and keeping house. On 19 October 2005 Rudolf was arrested during a visit to an office of the Immigration and Naturalization Service and extradited to Germany on 15 December 2005, as his appeal for political asylum as well as request for Daueraufenthaltsgenehmigung (long term resident alien status) had been refused. Federal German Police arrested him on his arrival in Frankfurt am Main on the basis of an outstanding warrant issued by the office of the District Attorney of Stuttgart, for failure to serve a prison sentence. Since that time he has remained in custody. On 14 January 2007 he completed the sentence of one year and two months imposed by Stuttgart District Court. During the time of his incarceration in Stuttgart Prison and continuing after his transfer to Heidelberg Prison Heidelberg before the beginning of his trial in Mannheim, both children of his first marriage visited him every month. He maintains intensive contact with his wife in the United States by telephone and correspondence. She visited him numerous times during a two month stay in Germany between June and August 2006.
Rudolf’s income consisted of approximately one third subscriptions to the magazines which he published, Viertelsjahrehefte für frei Geschichtsforschung (Quarterly Publications for Free Historical Research) and “The Revisionist” magazine. Another third consisted of sales of his books; the remaining third of donations from supporters. His income averaged around 1500 US dollars per month. He contributed approximately 500 dollars per month to the support of his two children by his first marriage. During his incarceration he has given power of attorney to an unnamed person for the management of Castle Hills Publishing House.
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2. Rudolf has the following criminal record:
Stuttgart District Court (Case number Az. 17 KLs 83/94) sentenced him on 23 June 1994 to a prison term of one year and two months for the crimes of “Incitement of the Masses” in conjunction with “Disparagement of the Memory of the Dead” as well as “Aufstachelung zum Rassenhass” (“Spurring Racial Hatred”).
The verdict was based on the following circumstances:
Rudolf is the author of a work entitled “Expert Report on the Formation and Provability of Cyanide Compounds in the ‘Gas Chambers’ of Auschwitz,” hereinafter called “Expert Report.” In this report, he demonstrates that mass murders using hydrogen cyanide could not have taken place in the National Socialist murder camp of Auschwitz. He prepared this study during the years 1991 through 1993 to support his rightwing opinion, which refuses to accept the negative consequences of the National Socialist regime for Germany. In early April 1993 Rudolf, along with other persons of rightwing persuasion, sent the Expert Report, along with polemic commentaries in forewords and postscripts, to at least 1000 persons in the Federal Republic. These persons, among whom were all German professors of Inorganic Chemistry, occupied prominent positions in the judiciary, politics, economics and science.
In his Expert Report, Rudolf develops the thesis inspired by a report written by the American Fred Leuchter (the “Leucher Report.”) The report maintains that if testimony of witnesses concerning mass murders using hydrogen cyanide (Cyclon B) were true, cyanide compounds would still have to be present in the ruins of the walls of the alleged gas chambers (morgues of the crematoria) at Auschwtiz Murder Camp. Such compounds cannot be detected, in contrast to the delousing chambers at Auschwitz, in which Cyclon B is known to have been used, but in which it has not been alleged that murders took place. Therefore, Rudolf contended that mass murders could not have taken place as witnesses have claimed.
The Introduction to the Expert Report, which relates to the Holocaust, was written under the name of the witness Otto Ernst Remer. Remer alleged that Holocaust claims are lies designed to mainpulate, defame and blackmail the German nation. In addition, he claims, they are an “unbelievable, satanic perversion of history” in which vassal politicians and venal media have collaborated for decades, to the great detriment of the German people. In a discussion written under the name of E. Haller, which appeared in the November 1992 issue of the Revisionist periodical “Remer Dispatches,” he understated the conditions in Auschwitz Concentration Camp. He denied that Auschwitz was a murder camp and he maintained that Holocaust stories have created a myth to justify the Allied rape and plunder of the German people, as well as create an identity for the Jews and Israel. The discussion is presented in the form of a report on the Remer trial for “Incitement” that had taken place in Schweinfurt District Court in October 1992.