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Holocaust Denial No Crime In Spain

The now-defunct Kalki bookstore in Barcelona openly sold neo-Nazi books and paraphanelia.

In a ruling that may have ripple effects across Europe, the Spanish Supreme Court has ruled that neo-Nazi literature and speech, including that which openly denies the Holocaust, is not a punishable crime.

In his June 3 ruling, presiding judge Dr. Adolfo Prego said that while such speech is truly offensive, it is only a crime if advocates violence.

“Advocating an ideology is not punishable no matter which ideology is involved,” Judge Prego chided prosecutors in his ruling.

The verdict overules a 2009 lower court conviction of four Spanish neo-Nazis, Ramón Bau, Óscar Panadero, Carlos García and Juan Antonio Llopart, who were found guilty of disseminating hate literature.

Spanish neo-Nazis, Ramón Bau, Óscar Panadero, Carlos García and Juan Antonio Llopart.

Panadero owned and operated the now-defunct Kalki bookstore, which openly sold neo-Nazi paraphanelia and literature, including books that denied the Holocaust. Garcia was an employee at the store, while Bau and Llopart ran organizations that promoted National Socialist ideology.

Judge Prego noted that he himself was offended by the neo-Nazi literature, but could not let the conviction stand as this would open the door to random prosecution of any opinion expressed.

The men hear the ruling in court.

As a result of the Supreme Court ruling, the four men were aquitted of their prison terms, which ranged from 2-1/2 to 3-1/2 years.

The Jewish Community Federation of Spain (FCJE) roundly condemned the verdict, reports the World Jewish Congress. “We Jews are very worried that the Spanish judiciary, which in certain situations shows a lot of sensitivity, does not consider the sale of books in which the Holocaust is denied and racism propagated an offense banned by our laws,” the group said in a press statement.

The Israeli Embassy in Madrid said in a statement, “Israel believes that this decision gives support to racist violence and shows a lack of historic knowledge.” It added that the ruling was reason for “sadness and concern.”

Holocaust denial is explicitly or implicitly illegal in 16 countries: Austria, Belgium, Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, and Switzerland.

The European Union’s Framework decision on Racism and Xenophobia, released in 2007, states that denying or grossly trivialising “crimes of genocide” should be made “punishable in all EU Member States.” While other EU member states have already adopted either parts or the entire framework into their laws, Spain has not complied.

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20 Responses

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  1. Cllr Chris Cooke says

    What’s wrong with that? Aren’t we supposed to have free speech too in this country. “I may not agree with what you say but I will defend with my life your right to say it.” It is the willingness of to ban free speech if they don’t like it that is darkening the light of freedom – and actually promoting hatred – in countries across the EU.

  2. Aryan says

    What, have Spain been able to kick the Marranos out of the country already?!

    Viva Free Speech and away with Bolshevik Tyranny!!!!

  3. ShaiTown says

    I’m Israeli and I’m okay with this. I believe in freedom of speech no matter the views of the speaker.

  4. ionlyspeakinbearpuns says

    Came here to say this. I think that everyone is entitled to their own opinions, no matter how polarizing they may be.

  5. nunodomonte says

    I’m a leftist antifa and I completely agree with the court decision too.

  6. Sailer says

    All across the Internet I’ve never read that anyone ever denied that there were Jews among the 40 million plus people who died in the WW2 era.

    It’s the number 6 million that is at issue.

    Trying to figure out the actual number of people, Jewish or not, who died should never have been a crime. The crime of denying the holocaust was devised to prevent anyone from even discussing what really happened during the WW2, to enable the Zionist version to prevail, and to give an irreproachable blank check of approval to the Zionists to do virtually anything they wanted to do based on the collective guilt the world was supposed to have had for allowing any Jews at all to die in the WW2 era.

  7. 7281546309 says

    We welcome all discussion on the subject.
    http://forum.codoh.com/viewforum.php?f=2

  8. mocybin says

    It is only by protecting even the most hateful instances of speech that we reaffirm the protections granted to us by law which allow us to engage in free speech. If we start to disallow the speech of people such as these, we lend credence and precedence to attempts by governments or any group to restrict and censor speech.

    Rousseau said that “the object of laws is always general… law considers subjects en masse and actions in the abstract, and never a particular person or action.” This is the perspective from which one must approach a case like this. You have to distance yourself from the content of the speech and think of what is happening at a higher level. Just because you are offended does not give you the right to curtail the speech of another, or punish him/her for it.

    This is why, contrary to every moral fiber in our bodies, we are forced to defend the speech of nazis, racists, and bigots as passionately as we would defend our own. If we give anyone the ability to pull the plug on someone else’s speech and freedom of expression, we necessarily forfeit our rights to those same freedoms; or at the very least, we cripple them.

  9. gerusz says

    Hungarian here. Be happy that they won’t extend the law like they did here. In the eyes of Hungarian law denying the holocaust and the crimes of the previous regime is a crime; denying other genocides is dandy fine.

  10. j says

    not being able to voice your opinion over a holocaust makes me think that perhaps it didnt happen, jews were the first people to come forward with the civil rights movement about freedom and freedom of speech all a bunch of lefties now i hope many other countries follow suit

  11. xmnstr says

    European (swede) here, and I agree completely, I hope we remove the ban on things related to these in my country.

  12. dada_ says

    The only reason these laws (banning Mein Kampf and Holocaust denial) still exist is because nobody feels the need to end them, but here in the Netherlands, people are pretty much in unequivocal agreement that they’re unnecessary at best and counterproductive at worst. I can’t imagine it being any different in the rest of Europe.

    • Peter says

      Soulboogaloo – have you researched Holocaust Revisionism? If so, what books, what lterature? Have you examined the documents in the “thought crime” trial of Ernst Zundel? Lots of good admissions and expose’s there. Don’t condemn before you research. No one is saying there weren’t forced labor camps

  13. soulboogaloo says

    Interesting. As an American of course I sometimes take for granted the freedom of speech that we’ve been given. It’s hard to listen to dumb people say things like the Holocaust never happened, but deep in my moral fiber I really do believe that everyone has the right to say the stupidest things.

    (Unrelated sidebar: I feel like if people are dumb enough to say things like that then it’s probably a problem with the fundamentals of that society’s educational system.)

  14. asoriah says

    This is absolutely okay. Not just is it a freedom of speech, it is inevitably a piece of human history as well.

  15. Peter says

    Free speech is a beautiful and necessary thing for the human soul. The artificial constraints of political correctness is a mental disease, born of the desire to control your thoughts and thus your behaviour, Bless this Spanish Court – may freedom prevail. Peter

  16. Boerseun.Z.A.R says

    Viva Espana.

  17. sanatrra says

    hey denial of Jesus Christ is commonly heard on the right perspective its freedom of speech you idiots!!!!!!!! ask frank and johnny

  18. Cornelia says

    It’s always interesting to see that only Jewish feelings matter. What about the feelings of Germans and Christians in general who supposedly ‘allowed it to happen’. Only lies need laws against debate. Read what happens when Jewish Supremacists try to debate their absurd and utterly impossible as alleged ‘holocaust’ here:
    The CODOH Revisionist Forum
    http://www.codoh.com/forum/index.php
    No name calling, no subject changing, no dodging, no dirty tricks, only real debate with informed researchers. If you are a Believer in the laughable ’6M Jews, 5M ‘others’, gas chambers and massive pit shootings’ as alleged then fine, here’s your big chance.
    God Bless Spain

Continuing the Discussion

  1. olddogg.com linked to this post on July 6, 2011

    Holocaust Denial No Crime In Spain…

    In a ruling that may have ripple effects across Europe, the Spanish Supreme Court has ruled that neo-Nazi literature and speech, including that which openly denies the Holocaust, is not a punishable crime….

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