Prosecutor
Threatens Defense
Witness
Swiss
Court Punishes Two Revisionists
Author
Jürgen Graf Fined, Sentenced to 15 Months
in Prison
A court in Switzerland
has punished 47-year-old teacher Jürgen
Graf and 78-year-old retired engineer Gerhard
Förster with fines and prison terms for
writing or publishing allegedly anti-Jewish
books.
A district court in the
northern Swiss town of Baden on July 21
sentenced Graf, a leading Holocaust revisionist,
to 15 months imprisonment for writing several
dissident works on the wartime treatment of
Europe's Jews, and Förster to 12 months in
prison for publishing several allegedly
anti-Jewish books, including two by Graf. In
addition, each was fined 8,000 Swiss francs
($5,500). The court also ordered the two Swiss
citizens to turn over 55,000 francs (about
$38,000) earned from book sales, with
Förster to pay 45,000 and Graf
10,000.
Graf must also pay
1,000 francs to a Basel theology professor as
compensation or atonement for having mailed him
a copy of one of his books with an allegedly
offensive inscription. The court also ordered
the confiscation and destruction of a long list
of books and booklets. As a consequence of his
conviction and sentencing, Graf was fired in
early August from his position as a teacher at a
private school.
With the verdict now on
appeal, Graf and Förster are still free
men. It's unlikely that the appeals court will
consider the case before January 1999, and even
if it upholds the verdict, the case may still go
to Switzerland's highest court
(Bundesgericht).
The Graf/Förster
case is by far the most important so far on the
basis of Switzerland's new "Anti-Racism Law,"
which came into effect on January 1, 1995.
During the one-day trial, held on July 16, Graf
eloquently defended his skeptical views on the
Holocaust story. Similarly, each of the two
defense attorneys ably represented his client
with vigor, skill and intelligence.
The Baden court found
that Graf had violated the law as the author of
four books, Der Holocaust auf dem Prüfstand
("The Holocaust on the Test Stand"), Der
Holocaust Schwindel ("The Holocaust Swindle"),
Auschwitz: Tätergeständnisse und
Augenzeugen des Holocaust ("Auschwitz:
Confessions and Witnesses of the Holocaust"),
and Todesursache Zeitgeschichtsforschung ("Cause
of Death: Contemporary History Research"), as
well as a booklet, Das Rotbuch: Vom Untergang
der Schweizerischen Freiheit ("The Red Book: On
the Decline of Swiss Freedom").
Graf was further found
guilty of having mailed computer diskettes
containing several of his "racist" texts to
Ahmed Rami in Sweden and to Ernst Zündel in
Canada, who then posted them on the
Internet.
Förster was found
guilty of having published allegedly anti-Jewish
writings by Graf and two other
authors.
In explaining the
court's severe punishment, Presiding Judge
Andrea Staubli cited the defendants' "remarkable
criminal energy," and said that their lack of
remorse contributed to the decision not to hand
down suspended sentences. The five members of
the court, three women and two men, were
unanimous in their verdict.
Judge Andrea Staubli
rejected defendants' arguments that the
"criminal" books were scholarly: she
characterized them as cynical and inhuman. The
court also rejected the argument that Graf
should not be punished for at least one of the
"offending" books because it was written before
January 1, 1995, when the law under which they
were being tried came into effect.
As the trial began at
eight o'clock on the morning of July 16, all 60
seats in the court room were already occupied,
mostly by supporters of Graf and Förster.
Some of the sympathizers had traveled from
French-speaking western Switzerland, and even
from outside the country.
Graf's court-appointed
defense attorney, Dr. Urs Oswald, lost no time
in calling on the court to quash the case
because law under which the defendants had been
brought to trial violated the European Human
Rights Convention. Even the defense attorneys in
this case, he pointed out, risked being punished
if they try to show to the court that their
clients' views are based on fact. As expected,
the court rejected Oswald's motion.
He then asked the court
to permit testimony on behalf of the defendants
by two witnesses: well-known French revisionist
scholar Dr. Robert Faurisson, and Austrian
engineer Wolfgang Fröhlich. The court
rejected Dr. Faurisson (perhaps because the
court and the prosecutor were familiar with
him), but agreed to permit Fröhlich to
testify (perhaps because they were not familiar
with him).
Engineer
Fröhlich's Testimony
In his brief
introductory remarks to the court, Wolfgang
Fröhlich noted that his special fields of
expertise are process engineering and gas
applications. He told the court that he has
carried out numerous gassings to exterminate
pests and infectious microbes.
Presiding Judge Staubli
warned Fröhlich that any false testimony
would be punished with imprisonment. She then
asked the engineer if, in his opinion, Graf's
books were scholarly in character. Fröhlich
replied that he is not able to judge their
scholarship as works of history, because he is
not a historian. However, with respect to their
treatments of technical aspects of the alleged
mass exterminations, he affirmed that Graf's
statements are absolutely sound.
At this point, public
prosecutor Aufdenblatten asked the presiding
judge to once again remind Fröhlich of his
obligation to provide truthful testimony. She
did so, and thereafter the following exchange
took place (as recorded verbatim by persons
attending the trial):
Aufdenblatten:
"In your opinion were mass gassings with
Zyklon B technically possible?"
Fröhlich:
"No."
Aufdenblatten: "Why
not?"
Fröhlich: "The
pesticide Zyklon B is hydrocyanic acid
absorbed in a granular-shaped carrier
substance. It is released through contact
with the air. The evaporation point of
hydrocyanic acid is 25.7 degrees
[Celsius]. The higher the
temperature, the more rapid is the rate of
evaporation. The delousing chambers in which
Zyklon B was used in NS [German
wartime] camps and elsewhere were heated
to 30 degrees and higher, so that the
hydrocyanic acid would be released rapidly
from the carrier granules. However, in the
half-underground mortuaries of the
Auschwitz-Birkenau crematories, where
witnesses claim that mass killings with
Zyklon B took place, the temperatures were
very much lower. Even if one allows for the
warming of the spaces by the body warmth of
the hypothetical prisoners, the temperature
would not have been more than 15 degrees,
even in summer time. Consequently, it would
have taken many hours for the hydrocyanic
acid to evaporate.
"According to
eyewitness reports, the victims died very
quickly. The witnesses mention time frames of
'instantaneous' to '15 minutes.' To be able
to kill the gas chamber prisoners in such a
short time, the Germans would have had to use
ridiculously large amounts of Zyklon -- I
estimate from 40 to 50 kilograms for each
gassing. This would have made any work in the
gas chamber fundamentally impossible. The
special detachment [Sonderkommando]
people, whom the witnesses say were assigned
the task of clearing out [dead
bodies] from them [the gas
chambers], would have collapsed
immediately upon entering the rooms, even if
they were wearing gas masks. Enormous amounts
of hydrocyanic acid would have streamed out
into the open, and would have poisoned the
entire camp."
Fröhlich's
statement, which was greeted with applause by
many of those in the court room, is entirely in
keeping with findings of other specialists. His
testimony strengthens and corroborates the
investigations and declarations of such
specialists as American gas chamber expert Fred
Leuchter, Austrian engineer Walter Lüftl,
American research chemist William B. Lindsay,
German chemist Germar Rudolf, and German
engineer Wolfgang Schuster. (See the Winter
1992-93 Journal, esp. pp. 391-420, 427,
428.)
Intimidation
Immediately following
Fröhlich's statement, public prosecutor
Aufdenblatten said: "I hereby ask the court to
bring charges against you for racial
discrimination, on the basis of Article 261
[the Anti-Racism Law] or otherwise I'll
do it myself."
At this point
Förster's defense attorney, Jürg
Stehrenberger, arose to inform the court that in
view of this intolerable intimidation of the
witness, he would withdraw from the case.
Together with Graf's attorney, he left the
courtroom for several minutes. When they
returned, the two attorneys expressed their
vehement objection to the to the prosecutor's
behavior, but announced that they would
nevertheless continue their duties as defense
attorneys.
In threatening punitive
legal action against the witness, the prosecutor
not only revealed his lack of regard for truth
or justice, but himself committed the punishable
offense of attempting to intimidate a
witness.
Förster's
Testimony
Co-defendant Gerhard
Förster, 78 years old, suffers from
osteoperosis and other illnesses. He is in such
poor health that he had to be brought into the
courtroom in a wheel chair. He was born in
Silesia, Germany, and served briefly during the
Second World War as a private in the regular
German army. His father perished, along with
some two million others, in the genocidal flight
and expulsion of some 12-14 million ethnic
Germans from central and eastern Europe,
1944-1946.
Gerhard Förster
moved from Germany to Switzerland in 1967, and
has been a Swiss citizen for many years. He is a
certified electrical engineer who holds several
dozen patents. He is a widower.
With an obviously
deficient memory, the elderly man easily became
confused as he testified, mixed up dates, and
was unable to answer some questions clearly. All
the same, he did acknowledge to the court his
role as business director of the Neue Visionen
Verlag (Postfach, 5436 Würenlos,
Switzerland), which published three of Graf's
allegedly dangerous books.
Graf's
Testimony
The contrast between
the testimony of Förster and Graf could
hardly have been more striking. Unlike
Förster, Jürgen Graf was energetic,
articulate and unrepentant in defending the
views and arguments presented in his books. His
testimony, including cross examination, lasted
well over two hours.
Although presiding
judge Staubli repeatedly asked Graf to speak
more slowly or to shorten his responses, she did
permit him to present his views and fully
develop his arguments. She also kept the
proceedings focused on the critical issues at
dispute, and away from such extraneous matters
as the defendants' political views.
In response to judge
Staubli's question as to whether there had
actually been a Holocaust or not, Graf
said:
"It's a
question of definition. If, by 'Holocaust,'
you mean a brutal persecution of the Jews,
mass deportations to camps, and the deaths of
very many Jews by disease, exhaustion and
malnutrition, then this is of course a
historical fact. But the Greek term
'holocaust' means 'completely burned' or
'fire sacrifice,' and is used by orthodox
historians for the alleged mass gassing and
incineration of Jews in 'extermination
camps.' That is a myth."
Staubli: "Do you
consider yourself a revisionist? What does
that expression mean?"
Graf: "Yes, I
consider myself a revisionist. In general,
the term is applied to historians who subject
the official historical account to critical
examination. Holocaust revisionism, which is
what we are concerned with here, contests
three central points: first, the existence of
a plan for the physical extermination of the
Jews; second, the existence of extermination
camps and execution gas chambers; and, third,
the figure of five to six million Jewish
victims. We cannot know the exact number of
victims because the documentation is
inadequate. Personally, I estimate probably
one million."
Staubli: "Are you a
trained historian?"
Graf: "No. But I
draw your attention to the fact that both of
the most renowned representatives of orthodox
'Holocaust' literature, the Jews Gerald
Reitlinger and Raul Hilberg, likewise are not
(or were not) trained historians. Reitlinger
was a specialist of art history, and Hilberg
is a jurist [actually, a political
scientist]. The Frenchman Jean-Claude
Pressac, who is praised in the media as one
who has discredited revisionism, is a
pharmacist. If an art historian, a jurist and
a pharmacist has the right to express his
views on the Holocaust, certainly a
philologist has the same right."
Staubli: "What is
your motive for writing such
[revisionist] books?"
Graf: "My main
motive is not to defend the German people,
even though I like the Germans. My main
motive is a love of the truth. I can't stand
lying."
Staubli: "How do you
define the term 'scholarship'?"
Graf: "The
characteristic feature of scholarship is that
all counter arguments are first taken into
account and tested before one formulates his
own thesis. Revisionists do that."
Staubli: "Would you
characterize your own books as
scholarly?"
Graf: "I would
divide them into three categories.
'Auschwitz: Confessions and Witnesses of the
Holocaust,' as well as the book on Majdanek I
wrote together with Mattogno, which will be
published soon, are scholarly books. 'The
Holocaust Swindle' and 'The Holocaust on the
Test Stand' I would call popular-scholarly.
In these books, I do not so much present my
own findings, but for the most part present
the findings of revisionists in general. And,
finally, 'Cause of Death: Contemporary
History Research' is quite simply a novel,
and as such is of course not
scholarly."
Staubli: "What
induced you to write your Auschwitz
book?"
Graf: "For the
alleged mass gassings in Auschwitz there is
neither solid evidence nor documentation,
only witness testimony. I got the idea to
compile, cite, and analyze the most important
of these witness accounts ..."
Staubli: "Do you
consider that witness testimony is not
credible?"
Graf: "Yes. Let us
assume that three witnesses describe an
alleged automobile accident. The first
testifies that the car left the road, caught
fire, and exploded. The second witness states
that the car collided with another oncoming
car. The third claims that the car was
crossing over a bridge that collapsed,
throwing the car into the river. What would
you make of that? And what would you think if
no auto wreck was to be seen anywhere nearby
[the site of the alleged accident],
and that there was no river or
bridge?
"The eyewitness
testimonies of gassings contradict each other
on every conceivable point. And when they do
agree, they always contain the same
impossibilities that rob them of all
credibility. For example, many witnesses
testify that three bodies were incinerated in
a single oven in 15 minutes. In fact, the
capacity is one body per oven per hour. The
number cited by the witnesses is therefore
exaggerated by a factor of twelve
..."
Staubli: "In the
introduction to your Auschwitz book you write
that there is no documentary proof for the
extermination of Jews in the camps. Do you
stand by this testimony?"
Graf: "Of course.
The anti-revisionist French historian Jacques
Baynac wrote in [the Swiss newspaper]
Nouveau Quotidien of September 3, 1996, that
a lack of evidence makes it impossible to
prove the existence of the gas chambers. In
1995 Mattogno and I spent nearly two months
in two Moscow archives, where we perused
88,000 pages of Auschwitz documents and
thousands of pages of documents from other
camps. Not one single document provides proof
of the gassing of a single Jew. This did not
surprise us, because if such documents
existed, the Communists would have
triumphantly displayed them to the world in
1945. But no, the documents vanished for 46
years and have only been accessible to
researchers since 1991. Why?
"The German
documents show very clearly what the National
Socialist Jewish policy called for. They
wanted to get the Jews out of Europe and,
during the war, to exploit their
labor."
Staubli: "You write
in 'The Holocaust Swindle' that 'after the
war the Jews were still there.' What do you
mean by that?"
Graf: "I mean that
most of the Jews in the area controlled by
Germany survived. Rolf Bloch, President of
the Holocaust Fund, said in the
Handelszeitung of February 4, 1998, that
there are still more than a million Holocaust
survivors alive today. Any insurance
statistician can calculate for you that in
the Spring of 1945 there must have been more
than three million alive. As Walter Sanning
proved in his study The Dissolution [of
Eastern European Jewry], published in
1983 and based almost exclusively on Jewish
sources, that at the most four million Jews
lived in the area under German control at its
greatest extent. Of these, as we have shown,
more than three million survived. How can
anyone arrive at a figure of six million
victims?
Staubli: "Can't you
imagine that Jews feel offended by your
books?"
Graf: "Yes, and many
non-Jews as well. The brain-washing has been
so thorough that anyone who inadvertently
stumbles upon the truth would be completely
upset."
Staubli: "And don't
you care if Jews feel offended by your
books?"
Graf: "Edgar
Bronfman said recently that Switzerland is
like a man who has to have his feet held in
the fire before he sees reason. Can't you
imagine that a Swiss person would feel
offended by that? Why is it that only Jewish
feelings are taken into account, and never
the feelings of non-Jews?"
Staubli: "The
Anti-Racism Law was affirmed through a
democratic referendum. Shouldn't you respect
that?"
Graf: "At the time
the people were led to believe that the law
serves to protect foreigners against racist
violence. In reality it serves exclusively to
protect Jews against all criticism. This is
irrefutably proven in the booklet Abschied
vom Rechtsstaat ('Departure from the State of
Law'), to which I contributed two short
essays. So far not a single Swiss citizen has
been indicted or convicted because he
criticized a black man, an Arab, or a Turk.
Only persons who have criticized Jews have
been indicted and convicted."
Staubli: "Did the
action you depicted in 'Cause of Death:
Contemporary History Research,' the
discussion in a German secondary school
class, really take place?"
Graf: "The action
was, of course, invented."
Staubli: "But in
your introduction you represent it as if it
actually took place."
Graf: "That's a
familiar old literary ploy. Many authors of
novels write that they have discovered an old
manuscript or found a message in a
bottle."
Staubli: "In this
book the pupil Marietta says that if the
Germans had had more Zyklon available, fewer
prisoners would have died. Justify that
statement!"
Graf: "The main
reason for the extremely high mortality in
Auschwitz was typhus, which is carried by
lice. In late Summer 1942 this pestilence
accounted for 403 deaths on a single day. The
documents show that the Germans repeatedly
requested Zyklon B to eliminate the lice,
because the supplies were inadequate. Thus,
Marietta's statement is nothing less than a
provable historical fact. Incidentally, I
bring your attention to the fact that during
the war Zyklon B was also delivered to
Switzerland, Norway and Finland. Does that
mean that Jews were gassed in those countries
as well?"
Staubli: "In the
booklet [Rotbuch] 'On the Decline of
Swiss Freedom' you write that the Holocaust
has become a religion for the Jews. Do you
want to comment on that?"
Graf: "It is
estimated that today one in three Jews no
longer believes in God, but they all believe
in the gas chambers. Belief in the Holocaust
is today the glue that holds the Jews
together."
Staubli: "In the
same booklet is the sentence: 'The march
toward a police state has begun.' Why do you
speak of a march toward a police
state?"
Graf: "If a total
police state already existed, I would be in
jail or dead, and would be unable to speak
freely here today. We still are able to
protest. If things develop as they are now
going, in five years we will no longer have
that possibility."
Graf characterized the
legal proceeding against Förster and
himself as a "classic political trial." The
defendants are on trial here not because of
anything they've done, but rather because of
their opinions. The suppression of dissident
opinions through the penal code, he said, is the
classic feature of a dictatorship.
The
Prosecutor Sums Up
In his concluding
address to the court, public prosecutor
Aufdenblatten did not even try to establish a
connection between the incriminating passages in
the books published by Förster and the
wording of Switzerland's Anti-Racism Law.
Instead, he resorted to emotion-charged phrases
such as "pseudo-scholarly," "anti-semitic
incitement," and "racist propaganda." Because
Graf is highly intelligent, the prosecutor went
on, he is doubly dangerous. Graf was not seeking
the truth, but rather consciously distorting it.
His writings fanned the flames of anti-Semitism
and hatred of foreigners.
Because Graf showed no
remorse, and even reaffirmed his revisionist
views before the court, the prosecutor said, he
is not likely to mend his ways. Therefore the
court should not consider handing down a
suspended sentence against him. The same is true
of Förster, the prosecutor went on, who has
been just as unreasonable as Graf.
Förster's poor health is no reason to be
lenient. If he's too ill to actually serve a
prison term, that's something for a physician to
decide, not the court.
Förster's
Attorney Speaks
In his concluding
address to the court, Förster's attorney
Jürg Stehrenberger spoke quickly and with
conviction. He began by emphasizing the special
difficulties involved in defending his client in
this case, noting that by merely discussing the
testimonies of the defendants and the defense
witness he runs the risk of himself violating
Swiss law.
The Court was not
competent to judge what happened 50 years ago,
he continued, but only what one writes today.
The Anti-Racism Law violates basic
constitutional rights, such as the freedom to
express one's opinion, freedom of scholarship,
and freedom of the press. Moreover, and as even
recognized legal specialists have acknowledged,
this new law is vaguely or imprecisely worded.
And when there is such ambiguity, the court must
give the benefit of the doubt to the defendant,
and find on his behalf.
The Anti-Racism Law,
Stehrenberger continued, specifically states
that to violate this law one must
"systematically disparage or slander members of
a race, ethnic group, or religion." But no such
systematic disparagement is to be found in the
books written by Graf or published by
Förster.
The Anti-Racism Law
specifically refers to "denial" of genocide.
However, to deny means to contest against one's
better knowledge. Therefore, said Stehrenberger,
a person who "denies" genocide out of sincere
conviction, even if this conviction is
subjective, should not be punished, as even a
well-recognized legal specialist has
acknowledged.
The law's notion of
"flagrant whitewashing" or "gross trivializing"
("gröblich verharmlost") poses additional
difficulties, Stehrenberger continued. As an
authoritative specialist on the criminal code
has commented, human suffering cannot be
measured, and therefore the number of victims is
essentially irrelevant in determining the crime
of genocide. Today, however, anyone who
estimates the number of Holocaust victims lower
than the commonly accepted Six Million figure is
subject to criminal prosecution. There is an
inherent contradiction here.
As Stehrenberger noted,
anti-revisionist historian Jean-Claude Pressac
estimated in the 1994 German edition of his book
on "The Crematories of Auschwitz" that the total
number of Jewish victims at Auschwitz was
between 630,000 and 710,000. (See R. Faurisson's
commentary in the Jan.-Feb. 1995 Journal, p.
24.) On this basis, even a prominent
anti-revisionist such as Pressac could
conceivably be prosecuted under Swiss law for
"whitewashing" genocide.
Because of the
highly-publicized campaign currently being
carried out by Jewish organizations against
Switzerland and Swiss banks, Stehrenberger
further noted, there is considerable public
interest in determining just what Swiss
officials knew, and did not know, during the
Second World War about the fate of the Jews
under German control.
In this regard, he
spoke of the inspection visit to the Auschwitz
concentration camp by Rossel and other delegates
of the International Committee of the Red Cross
(ICRC) on September 29, 1944. How does one
explain, he asked, that in their report on this
visit, the ICRC delegation stated that they
found no confirmation of the rumors of human
gassings, and that the prisoners questioned did
not mention them? (See Documents relating to the
work of the International Committee of the Red
Cross for the benefit of civilian detainees in
German Concentration Camps between 1939 and 1945
[Geneva: ICRC, 1975], pp. 76-77.
French-language ed., Geneva, June 1946, p.
92.)
No one, Stehrenberger
pointed out, not even the public prosecutor, has
ever claimed that Graf either falsely cited or
translated any of the eyewitness testimonies
dealt with in his "Auschwitz: Confessions" book.
Furthermore, he pointed out, in October 1994
Förster specifically provided the Swiss
Federal Prosecutor's Office with a copy of this
book. It is simply incomprehensible,
Stehrenberger went on, that if this book was
really "criminal," this agency did not react to
it, in spite of numerous queries, and six months
later declared itself unable to determine if
this book is legal or not. In any case, this
shows that the Federal Prosecutor's office
itself, at least initially, did not regard this
book as violating the law.
Stehrenberger went on
note that the public prosecutor had dismissed
Graf's book out of hand, and without good
reason, as "pseudo-scholarly." This is simply
unacceptable. In the case of Graf's fictional
work, "Cause of Death," the imaginary school
class referred to numerous historical works,
with the sources always clearly cited. To have
included such source references in a fictional
literary work on a topic of contemporary history
is not offensive.
Stehrenberger also told
the court that his client has already been tried
and found guilty by the media. During the Second
World War Gerhard Förster served for just
six weeks on the front as a Wehrmacht private,
but the Swiss press promoted him to the rank of
SS officer, and repeatedly castigated him as a
"Nazi." Because of his German origin, he was
considered free game for bigoted
"anti-racists."
Stehrenberger concluded
by asking the court to exonerate and acquit his
client.
Graf's
Attorney Sums Up
In his concluding
address to the court, Graf's attorney spoke for
more than an hour. Dr. Oswald repeatedly
assailed the public prosecutor's arguments, and
rejected the indictment as carelessly drawn up
and completely indefensible.
For one thing, said
Oswald, the books by Graf that were written
before the Anti-Racism Law came into effect on
January 1, 1995, should never have been the
subject of an indictment at all. For this reason
he hadn't even bothered to deal with the
contents of these writings. Graf's "Auschwitz"
book, for example, was indisputably written in
May 1994 and published in August of the same
year. To prosecute someone for books that were
written before the law under which he is
indicted even came into effect is a violation of
the ancient legal principle of Nulla poena sine
lege, "without a law, no crime." (This principle
is also expressed in the American constitutional
prohibition against "ex post facto"
laws.)
Neither the prosecutor
nor anyone else has ever claimed that Graf
himself had marketed his "Auschwitz" book. The
prosecutor's argument that Graf was liable
because he had not forbidden the book's
distribution after January 1, 1995, but had
expressly agreed to its further distribution, is
pathetic and violates basic legal
norms.
Even the fact that Graf
had continued to sell his two earliest books
after the Anti-Racism Law went into effect is
not punishable because he had not violated the
law's stricture against "public" distribution.
Graf had not advertised his books, nor had he
distributed them to libraries, where they would
have been available to the general public, but
rather had sent them only to persons who had
specifically ordered them. How, therefore, can
anyone speak of the "public" in this case?
According to prevailing legal norms, even a
closed circle of friends is not considered the
general "public," much less a few
individuals.
While it is true that
Graf's booklet, "On the Decline of Swiss
Freedom," was written after the Anti-Racism Law
came into effect, the allegedly incriminating
passages in this work were taken from his
"Auschwitz" book, and were cited by him there in
response to critics.
Oswald acknowledged
that Graf had sent diskettes containing his
revisionist writings to Ahmed Rami in Sweden and
Ernst Zündel in Canada, who then posted the
texts on the Internet. But this is also not a
crime, because the "scene of the crime" in this
case was not in Switzerland. Graf's texts have
been posted on the Internet in Canada, the
United States, and Sweden, where there are no
laws against revisionism.
Because any Internet
text can be called up in any country, to be
consistent with the prosecutor's view of the
world every text posted on the Internet would
have to conform to the laws of every country in
the world. Anyway, Oswald told the court, the
provider and not the author should be held
legally responsible for deciding which of the
texts to post that he may have
received.
Graf's motive, Oswald
went on, has not been to disparage Jews, but
rather to pursue the truth. The prosecuting
attorney claims the opposite, without however
providing any proof. He made no effort
whatsoever to substantiate his accusation of
"pseudo-scholarship."
For all these reasons,
Oswald summed up, Graf should be acquitted on
all counts.
Dr. Oswald's concluding
address was received with warm appreciation by
the courtroom's sympathetic majority, just as
the concluding statement by Förster's
attorney had been.
Graf's
Concluding Statement
Presiding Judge Staubli
offered defendant Graf ten minutes in which to
make a final statement, on condition that he
limit himself to discussing issues of the trial
itself. After agreeing to this, Graf said the
following:
Honorable
Madame Presiding Judge, distinguished members
of the Court, ladies and gentlemen:
First, permit me two
preliminary remarks. I want to thank you,
Madame Presiding Judge, for the fair manner
and way you have conducted this trial. You've
permitted me to speak without hindrance and
to defend my theses, and for that I am
grateful. I [also] thank my attorney
Dr. Oswald for his outstanding
[final] address ...
This morning an
eminently qualified engineer -- a specialist
in constructing gas chambers for pest control
and for exterminating microbes -- testified
as a witness for the defense. Wolfgang
Fröhlich was explicitly instructed on
his duty to testify truthfully, and he
acknowledged this responsibility. Public
prosecutor Aufdenblatten asked him if mass
killings of human beings by means of Zyklon B
in gas chambers, as has been described by
witnesses, were possible, and if not, why
not. On the basis of his profound technical
knowledge, and faithful to his duty to
provide truthful testimony, Fröhlich
answered "no" to the question, and he then
substantiated his response.
And how did the
public prosecutor respond? He proposed
criminal charges against him. That, ladies
and gentlemen, is pure Stalinism! I know that
this is a serious accusation, but I stand by
it. As much as you, Madame Presiding Judge,
have striven for a fair trial, the public
prosecutor has not.
Permit me to say a
few words about myself, although I don't like
to focus attention on myself. I have
knowingly exchanged a secure and well paid
position in a state school for an uncertain
future. From the outset, I've anticipated
facing a trial. I'm surprised that it's taken
this long. And then the public prosecutor
presumes to read my mind, claiming that I
don't really seek the truth, but rather lies.
Do you believe that anyone would willingly
risk ruining his career for an obvious
lie?
We revisionists try
hard to get as close to the historical truth
as we can. We like nothing more than to have
our mistakes pointed out to us. Indeed, there
are some mistakes in my books. But do you
know who brought them to my attention? Other
revisionists! From the other side the only
reactions have been insults, smears, threats,
legal actions, and trials.
Their absolute
helplessness in the face of revisionist
arguments was just as glaringly obvious in
the statements of the public prosecutor...
Not a single argument, but rather only
phrases such as "pseudo-scholarship,"
"anti-Semitism," "racist incitement," and so
forth.
[Jewish
community leader] Sigi Feigel and his
people want to put Förster and me behind
bars, and to ban our books. I don't want Sigi
Feigel locked up, and if he should manage one
day to write a book, I wouldn't want it
banned. I invite Mr. Feigel ... or any other
representative of the official Holocaust
school, to a factual, non-polemical, open
discussion of this issue on radio or
television. The two major topics of this
discussion would be the question of the
existence of gas chambers and the number of
Jewish victims of National Socialist
policies.
As far back as any
human being can remember, no Swiss man or
women has been imprisoned for the non-violent
expression of his or her opinion. The last
such case was early in the last century. Do
you, ladies and gentlemen of the court, at
the dawn of the 21st century, want to break
this tradition? And if you insist on jailing
one of us, then please lock me up and not Mr.
Förster, who is deathly ill!
You would not shame
me by imprisoning me. By doing so, you would
shame our country, Switzerland. A Switzerland
in which freedom of expression is being
abolished, a Switzerland in which a minority
of 0.6 percent of the population is permitted
to decide who reads, writes, says or thinks
what, is dead.
I would like to
close my comments by citing my friend in
western Switzerland, Gaston-Armand Amaudruz,
against whom a trial is being prepared in
Lausanne that is similar to the one here
today against Förster and me. In issue
number 371 of his Courrier du Continent
newsletter, Amaudruz writes: "As once in
early historical times, it is sign of
weakness to try to impose a dogma by force.
The exterminationists may win trials through
laws that muzzle freedom of speech. But they
will lose the final trial before the court of
future generations.
A
Courageous and Able Scholar
Jürgen Graf says
that he was not surprised by the court's harsh
verdict. Last year, in fact, he had predicted
that he and Förster would be found guilty
and sentenced.
As one of the most
internationally prominent revisionist scholars,
Graf has been targeted by Jewish organizations
for several years now as a particularly
notorious "Holocaust denier." In March 1993,
following the publication of his 112-page book,
"The Holocaust on the Test Stand," he was
summarily dismissed from his post as a secondary
school teacher of Latin and French. (See "Swiss
Teacher Suspended for Holocaust Book,"
Sept.-Oct. 1993 Journal, pp. 36-37.)
Graf, born in 1951, is
a meticulous scholar and researcher with an
impressive command of languages, including
Russian, modern Greek, Mandarin Chinese, and the
Scandinavian languages. He makes his home near
Basel.
His "Holocaust on the
Test Stand" book has appeared in French,
Spanish, Dutch, Bulgarian, Italian and Arabic
editions. In December 1994 the French-language
edition, L'Holocauste au scanner, was banned in
France by order of the country's Interior
Ministry. Some 200,000 copies of an expanded
edition of this work have been published and
distributed in Russia under the title "The Myth
of the Holocaust." (See "A Major Revisionist
Breakthrough in Russia," July-August 1997
Journal, pp. 36-37.)
Through the Internet
"world wide web," a number of Graf's writings
are accessible to millions around the
world.
Graf has worked
together with other revisionist scholars,
including Robert Faurisson and Carlo Mattogno.
Graf and Mattogno have made four research visits
together to Russia, eastern Europe and the
Netherlands, including detailed investigation of
documents in Moscow archives. (See the report in
the Nov.-Dec. 1995 Journal, pp.
36-37.)
Graf spoke at the
Twelfth Conference of the Institute for
Historical Review Conference, held in southern
California in September 1994. (An adaptation of
his address was published in the Nov.-Dec. 1995
Journal, pp. 2-11.) He is also a member of this
Journal's Editorial Advisory Committee. (See the
May-June 1997 Journal, p. 20)
Lessons
One journalist who
closely followed the Graf/Förster trial and
who is familiar with the Middle East expressed
the view that the Swiss court had conducted
itself much like an Israeli military tribunal
judging Palestinians. The prison sentences
imposed against Graf and Förster are all
the more shameful and ominous because they were
handed down in a country with a traditionally
high regard for freedom. Commenting on the
severity of the sentences, one American writer
quipped: "It's lucky that Switzerland is a
country with freedom of speech. Imagine how
harsh the sentences would be if it
wasn't."
Tellingly, no
influential American newspaper or magazine has
expressed even a word of criticism of the
Graf/Förster verdicts or, for that matter,
of any of the numerous legal persecutions of
revisionists in western Europe. Perhaps this
silence betrays embarrassment over the obvious
injustice of this assault against free speech
and freedom of research.
In a front-page
commentary on the Graf/Förster case that
reflects "official" opinion the Alpine
confederation these days, the daily
Tages-Anzeiger (July 22) warned that the
defendants are not as harmless as they appear.
In an effort to justify the verdicts, the
large-circulation Swiss paper went on to tell
readers:
Holocaust
deniers, with their unspeakable theories,
injure the human dignity of the Jews, the
memory of the victims, and their history...
Their goal is to stir up hatred against the
Jews, and their hidden motive is to whitewash
the National Socialists and make their
dangerous ideology once again
acceptable.
One might just as
easily argue, and with greater justification,
something like the following:
Jewish-Zionist
apologists, with their unspeakable theories,
injure the human dignity of non-Jews, and
especially Palestinians and Germans, the
memory of Israel's victims, and their history
... Their goal is to promote an arrogant
contempt for non-Jews, and their hidden
motive is to whitewash the Zionists and make
their dangerous ideology acceptable.
The plain reality is
that in Western society today, Jewish interests
and sensitivities are treated, both legally and
socially, as more important than those of any
other group. This special, superior status is
codified in Switzerland's Anti-Racism Law, in
similar laws in other European countries, and in
the United States' "special relationship" with
Israel.
The legal persecution
of "Holocaust deniers," as well as the intense,
and enormously successful, international Jewish
campaign of pressure and blackmail to squeeze
money from Switzerland and others countries for
their supposed transgressions during the Second
World War, clearly reflect immense Jewish power
and influence.
The Graf/Förster
case, and the legal persecution of "Holocaust
deniers" in western Europe generally, point up
the important quasi-religious role that the
Holocaust story has come to play in contemporary
Western society. Accordingly, "Holocaust
blasphemy" is treated, and punished, as the most
serious "thought crime."
Even if only quietly,
resentment and opposition to this obvious
injustice is growing. For this reason, it's not
surprising that Switzerland's respected weekly
paper Weltwoche expresses concern (July 23) that
the Graf/Förster trial, and others like it,
are actually likely to promote even more
anti-Jewish sentiment. The supposedly
anti-Jewish passages in Graf's books, the weekly
paper notes, are "harmless compared to what's
being said [across Switzerland] these
days, not only in bars and coffee shops, but
even in theater lobbies."
- September
6, 1998
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