Germar Rudolf, Resistance Is Obligatory (2012; PDF-Datei

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
right-wing opposition. The German government’s reasons for this
change of law explain basically that statements on the Third Reich can
already be prosecutable if it can be implied from the context of the deed
or from the perpetrator that he intended to glorify or belittle the human
rights violations committed by the Third Reich, even if those violations
were not a topic of the objected statements. 143 This means in plain English:
This offense can be committed only by (alleged) right-wingers,
because in Germany it is automatically insinuated that they intend to
glorify the Third Reich. Hence article 130 has been converted into an
article for the illegal suppression of the legal right-wing political opposition.
Parallel to this erosion of civil rights, the position of the defendant
and his defense lawyer has been deteriorating steadily, for instance as a
result of the abrogation of verbatim protocols for trials at District Courts
in the 1970s, by the abolition of jury courts, which means that in German
Courts of Law the verdicts are precisely not handed down in the
name of the people, and – particularly drastically in the area of jurisdiction
of interest in this context – by the misuse of the so-called “selfevidence,”
which is instrumentalized to categorically suppress evidence,
and by the prosecution of defense lawyers for filing motion to introduce
evidence regarding the historical issues at hand.
Even the German Federal Assessment Agency for Media Endangering
the Youth has followed this tendency of increasing restrictions of
civil rights. Originally, this censorship agency had been established to
keep pornography and depictions of violence away from minors, and
there is nothing to be objected against this, although a look into any
newsagent shop and into the Internet shows that this censorship is not
efficient at all. During the left-wing social-liberal German government
of the 1970s, however, a portentous development commenced to deploy
this censorship agency against unwanted political or historical material.
At that time both left-wing literature suspected to be close to the RAF
as well as right-wing literature got into the crosshairs of the censors.
143 Bundestags-Drucksache 15/5051, p. 5;
http://dip21.bundestag.de/dip21/btd/15/050/1505051.pdf. The respective passage has since
been quoted almost verbally by German courts of law; cf. Bavarian Administrative Court (Bayerischer
Verwaltungsgerichtshof), verdict of 10 Aug. 2005, ref. 24 CS 05.2053: “For an approval
of the violent and tyrannical rule of National Socialism it suffices, if the perpetrator implicitely
gives a positive assessment of the human rights violations committed under the rule of
National Socialism – for instance by way of value judgments about responsible personalities.”
Confirmed and more thoroughly justified by the German Federal Administrative Court (Bundesverwaltungsgericht),
verdict of 25 June 2008, ref. 6 C 21.07.
119