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Marais v. France, dec., No. 31159/96, ECommHR, 24 June 1996


Article doubting the existence of gas chambers. Prohibition of abuse of rights.

Normative references

Art. 10 ECHR
Art. 17 ECHR


Denying the existence of the gas chambers is contrary to the fundamental values of the Convention, notably justice and peace. Such expressions are removed from the protection of Article 10 ECHR by Article 17 ECHR (prohibition of abuse of rights). In these circumstances, interferences in the right to freedom of expression are permitted as necessary in a democratic society.

(In the instant case, the applicant was fined and ordered to pay damages for having written an article where he doubted the existence of gas chambers at Struthof-Natzweiler concentration camp. He complains of a violation of his rights to freedom of expression guaranteed by Article 10 ECHR. The Commission rejected the application as manifestly ill-founded).