Honsik v. Austria, dec., No. 25062/94, ECommHR (First Chamber), 18 October 1995

Articles denying the existence of gas chambers in concentration camps and the genocide perpetrated therein. Lawful interference with freedom of expression.

Art. 10 ECHR

1. Statements directed against the Convention’s underlying values are removed from the protection of Article 10 ECHR by Article 17 ECHR, which provides for one’s abuse of right.

2. Taking into consideration the historical context, the prohibition of expression of National Socialist ideas in Austria can be justified in the interests of national security and territorial integrity as well as for the prevention of crime. The interference with the right of freedom of expression is covered by Article 10 para. 2 ECHR.

(In the instant case, the applicant was convicted of having published articles denying gas chambers and the systematic killing of Jews in concentration camps. He argued that his right to freedom of expression had been infringed. The Commission found the interference with the right to freedom of expression as "necessary in a democratic society" within the meaning of Article 10, para. 2 ECHR and declared the application inadmissible as manifestly unfounded).