The alleged reason for dismissing the extradition case is that the "holocaust denial" charge was too vague because it didn't describe what
specific website Toben posted his material, or where the material was published from. This technicality allowed the judge to not address the crux of the issue -- ie, whether Britain could extradite someone to a foreign country for prosecution for exercising their right to freedom of speech over the internet. If they could do this to Toben, then they could extradite ANYONE to Germany/Austria/etc who makes "holocaust denial" or "anti-semitic" postings on the internet.
Suspected Holocaust denier wins his legal fight against extradition after judge throws case out of courtBy Charlotte Gill30th October 2008An alleged Holocaust denier has won his fight against extradition to Germany. Dr Gerald Toben, 64, is accused of publishing anti-Semitic material on his website. The Australian academic is wanted in Germany to stand trial for posting the alleged items between 2000 and 2004. The German authorities claim they are 'of an anti-Semitic and/or revisionist nature'. In the European Arrest Warrant issued in October 2004, he is accused of approving of or playing down the murder of the Jews by the Nazis.But District Judge Daphne Wickham ruled the warrant invalid today at the City of Westminster Magistrates' Court in London, saying it contained inadequate detail about the offences. It neither states the name of the website nor where the propaganda is said to have been published from - only referring to the 'world-wide internet'.After discharging Toben, Judge Wickham granted him bail pending an appeal after imposing strict conditions which include a £100,000 security.Other conditions include residence at an approved address, written confirmation from the Australian High Commission of which passports he holds, and not to access the internet.He is also banned from giving press interviews. Judge Wickham added that she had not been required to decide at this stage whether the alleged crimes were valid extradition offences.[...]
The alleged reason for dismissing the extradition case is that the "holocaust denial" charge was too vague because it didn't describe what specific website Toben posted his material, or where the material was published from. This technicality allowed the judge to not address the crux of the issue -- ie, whether Britain could extradite someone to a foreign country for prosecution for exercising their right to freedom of speech over the internet. If they could do this to Toben, then they could extradite ANYONE to Germany/Austria/etc who makes "holocaust denial" or "anti-semitic" postings on the internet.
No comments:
Post a Comment