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Rebhandl v. Austria, dec., No. 24398/94, ECommHR, 16 Jenuary 1996

Abstract

Denial of the gas chambers. Lawful interference with freedom of expression.

Normative references

Art. 10 ECHR

Ruling

Statements that run counter to the basic ideas of the Convention – notably justice and peace – and promote racial and religious discrimination do not enjoy the protection of Art. 10 ECHR. 

(In the instant case, the applicant was convicted for having distributed publications relating to the National Socialist regime, specifically denying the existence of the gassing of Jews in the concentration camps and glorifying Hitler. He complains of a violation of Art. 10 ECHR. The Commission found that the interference in his right to freedom of expression was “necessary in a democratic society” and rejected the application as manifestly ill-founded).