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

GERMAR RUDOLF, RESISTANCE IS OBLIGATORY
recognized,” it is advised that the Chamber considers that the systematic
mass murder against Jews, committed primarily in gas chambers
of concentration camps during World War II, is self-evident as
a historical fast (see BGH NStz 1994, 140; BGHSt 40, 97).
The motions under no. 2 to 5 of the annex are rejected, because the
Court has no obligation to give further information beyond that. In
addition, it is remarked regarding the motion no. 4 (of annex 6) that
the Chamber has taken note of the essay during the defendant’s
statements. The motion to read it is to be rejected not least because
the Chamber already has knowledge of the victim numbers mentioned
in it due to the defendant’s statements.
4. The defendant’s motions of 12 Feb. 2007 (annex 7) that the court
may consider as true that writings, as defined by the law, which fulfill
the formal criteria of being scientific and which are therefore a
part of science itself, automatically serve research and/or science,
and that writings, as defined by the law, which fulfill the formal criteria
only partly or not at all, can nonetheless – under circumstances
yet to be determined – serve research and/or science, is rejected, because
only factual claims can be considered true and because judging
the scientific nature of a writing is a matter of evidentiary assessment
and a question of law.
5. The defendant’s motions of 12 Feb. 2007 (annex 8) to summon the
expert witness Dr. Hoyer is rejected, because the Chamber can assess
the allegations mentioned by its own expertise.
[…]
Comments
Rudolf’s motions to consider certain matters of law as true served to
draw the court’s and the public’s attention to the facts stated in them,
even though they were inadmissible on formal grounds. Later on they
would have been complemented by corresponding motions to assess the
question whether the writings contained in the indictment serve research
and science, quite independent of whether they themselves are scientific.
Due to the abrupt end of the proceedings, though, only some of
these motions were filed (see Appendix 7, p. 339).
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