German appeals court overturns far-right politician’s Holocaust denial conviction

Toby Axelrod

BERLIN (JTA) — Germany’s top Jewish leader has criticized a court in the central German city of Naumburg for letting a far-right politician off easy after his conviction for Holocaust denial.

Wednesday’s appeals court decision to acquit extreme right-wing politician Hans Püschel by annulling the fine levied by a lower court is viewed by some as an unprecedented challenge to German law, which requires punishment for trivialization of the Holocaust and glorification of Nazi crimes.

Historians have expressed astonishment at the ruling, and observers expect courts to run into trouble when trying to prosecute future cases.

Püschel, who was forced to step down in 2013 as mayor of the German village of Krauschwitz over his Holocaust trivialization statements,  had appealed a fine of about 3,000 euros levied by a lower court.

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Now the Naumburg court, the highest in the state of Saxony-Anhalt, has nullified that penalty, saying that Püschel’s statements, while illegal, did not amount to broad trivialization of the Holocaust.

Josef Schuster, head of the Central Council of Jews in Germany, told the Welt newspaper on Wednesday that, while he respects the German justice system, he would have expected the courts to be “highly sensitized to all attempts to rewrite German history or to mock victims of the Nazis through an unacceptable trivialization of Nazi crimes.”

Among other things, Püschel had questioned the numbers of those murdered at the Auschwitz-Birkenau extermination camp and claimed that conditions at the camp were not as bad as reported. He questioned the overall number of six million murdered Jews and suggested that even more Germans had died, claiming that the Holocaust memorial in Berlin

was out of proportion with reality.

He went so far as to say that “the German crimes we were told about from an early age are lies.”

Though his blog is no longer online, Welt points to a text by Püschel that can still be found on the Internet, in which he refers bitterly to attempts to silence his views on the Holocaust and accuses Jews of making up stories. “Jews can do anything in Germany, including lie and betray? They are untouchable?”

The court said it did not find Püschel’s statements to be an attempt to trivialize the Holocaust in general.

Holocaust historian Christoph Jahr of Humboldt-Universität in Berlin has called the court decision “scandalous.” Other historians are following suit.

The decision will “change the climate of public opinion” in Germany, the Welt observed, because the judges failed to uphold the law that orders a fine or jail time for anyone convicted of “approving, denying or downplaying” crimes committed under National Socialism. It will be harder for high courts to convict for such crimes in the future, the authors concluded.

Püschel, 67, had been a member of the Social Democratic Party until 2010, when he switched to the far-right extremist National Democratic Party of Germany.

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