November 15, 2005
Good Morning from the Zundelsite:
I sent out a brief excerpt titled "On the Eve of the
Holocaust Trial # 3" where Ernst Zundel comments briefly on his historic
role in what I urge everybody from now on to call the "Holocaust Heresy
Trial". It seems that some did not receive it - therefore, I am sending it
again, followed by the comments of a young law student in England.
We are living in history-making times, folks! Big time!
Here is that piece again:
[START]
[written by Ernst Zundel to his wife, Ingrid Rimland]
What I wanted to tell you is that yesterday one of our
attorneys came, in response to a pretty stern letter I had written about
steps undertaken, I thought, prematurely. We had some spirited,
heart-to-heart conversation and cleared up some misunderstandings.
I was mollified by the presentation and the steps that
were explained to me, and what was planned - and already undertaken.
Finally a defense team seems to be jelling that does justice to the
historical and political situation as we find it here.
Actually, it amazed me what kind of information is still
available here! Europe is still Europe! There is an understanding of
history and culture as well as comparative religions that is so far
superior to anything that we were exposed to in North America.
Ingrid, the researchers our attorneys obviously have
access to are of a depth and a relentless logic that is overwhelming.
Scary, even! I was shown a compilation of statements by philosophers,
musicians, statesmen, kings, emperors and military men that left me
speechless!
I am beginning to appreciate that, in order to lift this
struggle out of the Canadian backwaters, I just had to come here, because
only here is the repository of all this knowledge. It goes back millennia!
It's amazing to see fine European minds, products of
European universities, tackle the problems I tackled like some outcast,
having to rely [in Canada] entirely on my own informal, faulty training.
You can see that the same issues of my own intuitive feel are given a
proper upgrading and bringing-into-focus.
You will be proud - and the money is well worth it. I now
understand the reason and context. It's destiny, Ingrid. We are tools.
[END]
Here is the young law student from England:
[START]
Zundel Trial In Germany -- A Farce!
1 It seems relevant to start by mentioning two
fundamental maxims of justice: Nemo iudex in causa sua ('no man should be
judge in his own cause') & audi alteram partem ('hear the other side', ie
that both sides should be given a fair hearing). It seems to me that the
judge is biased. He is not willing to hear what the defence has to say.
Instead he wants to 'shut them up'. And he clearly considers the
Prosecution's cause as his own. He thus has a 'stake' in the trial, an
interest in Ernst Zundel being found guilty.
He is therefore inherently biased.
By Art 6 of the European Convention on Human Rights &
Fundamental Freedoms every person has a right to a fair trial. The Federal
Republic of Germany is a signatory to the Convention and is therefore
obliged to abide by it.
Art 6 states that:
ARTICLE 6 1 In the determination of [...] any criminal
charge against him, everyone is entitled to a fair and public hearing
within a reasonable time by an independent and impartial tribunal
established by law. Judgement shall be pronounced publicly by the press
and public may be excluded from all or part of the trial in the interest
of morals, public order or national security in a democratic society,
where the interests of juveniles or the protection of the private life of
the parties so require, or the extent strictly necessary in the opinion of
the court in special circumstances where publicity would prejudice the
interests of justice.
2 Everyone charged with a criminal offence shall be
presumed innocent until proved guilty according to law.
3 Everyone charged with a criminal offence has the
following minimum rights: [...] ? (c) to defend himself in person or through
legal assistance of his own choosing [...]; ? (d) to examine or have
examined witnesses against him and to obtain the attendance and examination
of witnesses on his behalf under the same conditions as witnesses against
him;
I have underlined the relevant phrases. The right to a fair
trial in section 1 of Art 6 is an 'absolute right', meaning that no matter
what the circumstances everyone has a right to a fair trial (whereas s. 3 is
a 'relative right', meaning that it may be limited if it be legitimate to do
so in the circumstances). It has been stated above that the judge in the
Zundel case is biased in the sense that the court was not an 'independent
and impartial tribunal'. It is further submitted that the result of this
would be that Zundel would not get a 'fair and public hearing' within Art
6(1). The court is therefore in breach of its obligations under Art 6(1). I
suspect that Mr. Zundel's legal team would appeal to the European Court of
Human Rights in Strasburg if all else fails. Moreover, it is noted that by
Art 6(3)(c) Herr Zundel has a right to choose his own legal team. This is
not within the jurisdiction of the German court. This is also true in
relation to leading counsel's assistant. The court is therefore ultra vires
(beyond its powers) and its ruling on the matter is null and void. I suspect
that also in this regard Ernst Zundel's legal team will seek to appeal to
the higher courts, and, failing this, to the Court in Strasburg.
4 On a different note, there is a problem if Ernst
Zundel's defence would be in breach of §130 of the Penal Code by defending
their client to the best of their ability because advocates are obliged by
their professional codes to defend their clients fearlessly and to the best
of their ability. More importantly, if certain kinds of evidence cannot be
admitted in court due to a general prohibition against displaying such
material in public, how can the accused have a fair trial?
5 Judges are not, it is submitted, competent to rule
on what is historical fact. If the judge in question wished to establish an
historical fact (whatever that is) the proper way to go about it, in my
opinion, would have been to call expert evidence. I say in my opinion, but I
do think that any person with sound judgment would adopt the same opinion on
this matter. This attitude of the judge also reveals his prejudice against
the defence.
6 I can think of no good reason why Ernst Zundel
should be kept in custody while an important question of law is being
decided in the Constitutional Court. The case will surely take a very long
time, perhaps more than a year. The court would need to have very good
reasons to justify keeping an accused person (cf. Art 6(2), above: everyone
is innocent until proven guilty) in custody for a substantial length of
time. For example, the court would have to hear evidence that Mr. Zundel is
very likely to flee Germany. Not just that he might, but that he is very
likely to. However, it seems to me that the Regional Court decided the
matter simply on a whim. This, again, is contrary to the Convention (see Art
5).
7 In conclusion, I would say that the trial of Ernst
Zundel is an absolute outrage. Whether one sympathizes with his views or
not, it is most unsatisfactory that a person is denied his right to a fair
trial because of his beliefs. If this is truly the state of affairs in
Germany, then hypocrisy and, indeed, tyranny must have gained the upper hand
in that so-called democratic republic. I am absolutely outraged about this.
Next time a German politician speaks of democracy and human rights, please
ask him to ditch the rhetoric and, ahem, shove it up his a**.
Yours sincerely,
Patrick Boch,
Student of Law,
England.
[END]
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