ISSN
1440-9828
November 2008
No 421
Historian
Töben faces extradition
From
correspondents in London
October
02, 2008 04:08am
AUSTRALIAN revisionist historian Fredrick Töben faces a hearing in
London on Friday to determine whether he will be extradited to Germany to face
allegations of Holocaust denial.
Gerald Fredrick Töben, 64, was arrested on a plane at Heathrow Airport
today, while in transit from the United States to Dubai, by Metropolitan
Police executing a European Union arrest warrant issued by German authorities.
The arrest warrant accuses Mr Töben of publishing material on the internet
"of an anti-Semitic and/or revisionist nature" in Australia, Germany
and other countries. Appearing before City of Westminster Magistrates Court
today, Mr Töben said he did not consent to being extradited. Wearing a dark
suit, light blue shirt and blue tie, Mr Töben told the court he did not
believe he would receive a fair trial in Germany. "It's a witch trial
mentality in Germany concerning this matter, which is not the case in England
yet," Mr Töben said. "I see this matter as a legal ambush."
District Judge Nicholas Evans denied bail and remanded Mr Töben in custody
to reappear for an extradition hearing at 2pm (11pm AEST) on Friday.
Representing the District Court of Mannheim, Tina Whybrow said Mr Töben was
accused of computer-related crime and racism and xenophobia. "This is a
serious offence, the penalty for this offence is up to five years
(imprisonment)," she said.
It is alleged between 2002 and 2004 Mr Töben published online material of
an anti-Semitic and, or, revisionist nature deliberately contrary to
historical truth. The warrant alleges: "The said publications deny,
approve or play down above all the mass murder of the Jews, planned and
implemented, by the national socialist rulers."
Mr Töben had boarded his flight at Heathrow Airport when police swooped.
Ms Whybrow said he was seen to move seats after detectives boarded the plane.
"Police officers assert that was a bid to avoid detection," she
said, adding that when Mr Töben was cautioned: "His response was, ' I
can't be arrested on British soil'."
_____________________________________________________
AUSTRALIAN revisionist historian Fredrick Töben will tomorrow fight
his extradition to Germany, where he is wanted for alleged Holocaust denial.
Metropolitan Police arrested 64-year-old Gerald Fredrick Töben, commonly
known by his middle name, on a plane at London's Heathrow airport yesterday
while in transit from the United States to Dubai.
They were executing a European Union arrest warrant issued by the District
Court of Mannheim in Germany, which accuses Dr Töben of publishing internet
material "of an anti-Semitic and/or revisionist nature". The alleged
offences were committed in Australia, Germany and other countries, according to
the warrant.
Representing himself in an appearance at City of Westminster Magistrates
Court, Dr Töben was asked to confirm his identity. "I'm the one, your
honour ... Dr Fredrick Töben has been caught in London," he replied. He
did not consent to being extradited and was remanded in custody to reappear for
an extradition hearing at 2.00pm (11pm AEST) on October 3.
Dr Töben told the court he did not believe he would receive a fair trial in
Germany and claimed he was the victim of "legal persecution".
"It's a witch trial mentality in Germany concerning this matter, which is
not the case in England yet," he said. "I see this matter as a legal
ambush."
Representing the District Court of Mannheim, Tina Whybrow said Dr Töben was
accused of computer-related crime and racism and xenophobia. "This is a
serious offence, the penalty for this offence is up to five years
(imprisonment)," she said. It is alleged that since 2002 Dr Töben
published online material of an anti-Semitic and, or, revisionist nature
deliberately contrary to historical truth. The warrant alleges: "The said
publications deny, approve or play down above all the mass murder of the Jews,
planned and implemented, by the national socialist rulers".
Opposing bail, Whybrow said Dr Töben was seen to move seats after
detectives boarded the plane to arrest him. "Police officers assert that
was a bid to avoid detection," she said. When Dr Töben was being cautioned
by the officers, she said his response was: "I can't be arrested on British
soil".
Dr Töben said he was sentenced to 10 months in prison, reduced to seven
months for "good behaviour", in Germany in 1999 but returned to
Australia after being granted bail. He also told the court he was facing a
possible jail sentence in Australia in a matter relating to material posted on
the website of the Adelaide Institute, of which he is director.
Dr Töben yesterday asked District Judge Nicholas Evans to release him.
"I can't run anywhere - the world is my prison, I'm well-known," Dr Töben
said. "It will take great moral courage and intellectual courage to let me
go."
The judge responded: "I've gone beyond that. I'm not going to let you
go. We'll fix a hearing for next week, give you time to think about it."
Dr Töben responded: "I see no sense. The Germans are out to get
me."
http://www.news.com.au/adelaidenow/story/0,,24435457-5005962,00.html
______________________________________________________
Germans
out to get me, says historian
By
Valkerie Mangnall in London
October
02, 2008 12:22pm
-
Australian arrested for alleged Holocaust denial
-
Says the Germans are conducting a witch hunt
-
Will fight his extradition from the UK
Extradition
... Fredrick Töben has been arrested for publishing internet material
"of
an anti-Semitic and/or revisionist nature" / Simon Cross
AUSTRALIAN revisionist historian Fredrick Töben will tomorrow fight his
extradition to Germany, where he is wanted for alleged Holocaust denial.
Metropolitan Police arrested 64-year-old Gerald Fredrick Töben, commonly known
by his middle name, on a plane at London's Heathrow airport yesterday while in
transit from the United States to Dubai.
They were executing a European Union arrest warrant issued by the District
Court of Mannheim in Germany, which accuses Dr Töben of publishing internet
material "of an anti-Semitic and/or revisionist nature". The alleged
offences were committed in Australia, Germany and other countries, according to
the warrant.
Representing himself in an appearance at City of Westminster Magistrates
Court, Dr Töben was asked to confirm his identity. "I'm the one, your
honour ... Dr Fredrick Töben has been caught in London," he replied.
He did not consent to being extradited and was remanded in custody to
reappear for an extradition hearing at 2.00pm (11pm AEST) on October 3. Dr Töben
told the court he did not believe he would receive a fair trial in Germany and
claimed he was the victim of "legal persecution". "It's a witch
trial mentality in Germany concerning this matter, which is not the case in
England yet," he said. "I see this matter as a legal ambush."
Representing the District Court of Mannheim, Tina Whybrow said Dr Töben was
accused of computer-related crime and racism and xenophobia. "This is a
serious offence, the penalty for this offence is up to five years
(imprisonment)," she said. It is alleged that since 2002 Dr Töben
published online material of an anti-Semitic and, or, revisionist nature
deliberately contrary to historical truth. The warrant alleges: "The said
publications deny, approve or play down above all the mass murder of the Jews,
planned and implemented, by the national socialist rulers".
Opposing bail, Whybrow said Dr Töben was seen to move seats after
detectives boarded the plane to arrest him. "Police officers assert that
was a bid to avoid detection," she said. When Dr Töben was being cautioned
by the officers, she said his response was: "I can't be arrested on British
soil".
Dr Töben said he was sentenced to 10 months in prison, reduced to seven
months for "good behaviour", in Germany in 1999 but returned to
Australia after being granted bail. He also told the court he was facing a
possible jail sentence in Australia in a matter relating to material posted on
the website of the Adelaide Institute, of which he is director.
Dr Töben yesterday asked District Judge Nicholas Evans to release him.
"I can't run anywhere - the world is my prison, I'm well-known," Dr Töben
said. "It will take great moral courage and intellectual courage to let me
go."
The judge responded: "I've gone beyond that. I'm not going to let you
go. We'll fix a hearing for next week, give you time to think about it."
Dr Töben responded: "I see no sense. The Germans are out to get
me."
http://www.news.com.au/adelaidenow/story/0,,24435513-912,00.html
__________________________________________________________________________
Adelaide
Institute's Fredrick Töben arrested for 'Holocaust denial'
October
02, 2008 09:30am
SA revisionist historian Fredrick Töben has been arrested in London
and faces a hearing on whether he will be extradited to Germany to face
Holocaust denial allegations.
Dr Gerald Fredrick Töben, 64, was arrested on a plane at Heathrow Airport
today, while in transit from the United States to Dubai, by Metropolitan Police
executing a European Union arrest warrant issued by German authorities. Töben
runs the Adelaide Institute, an organisation dedicated to revising the accepted historical
consensus on Germany's role in the Holocaust in World War II. The arrest
warrant accuses Töben, of Wattle Park, of publishing material on the
internet "of an anti-Semitic and/or revisionist nature" in Australia,
Germany and other countries.
Appearing before City of Westminster Magistrates Court today, Töben said
he did not consent to being extradited. Wearing a dark suit, light blue shirt
and blue tie, Töben told the court he did not believe he would receive a
fair trial in Germany. "It's a witch trial mentality in Germany concerning
this matter, which is not the case in England yet," Töben said.
"I see this matter as a legal ambush."
District Judge Nicholas Evans denied bail and remanded Töben in custody to
reappear for an extradition hearing at 2pm (10.30pm Adelaide time) on Friday.
Representing the District Court of Mannheim, Tina Whybrow said Töben was
accused of computer-related crime and racism and xenophobia. "This is a
serious offence, the penalty for this offence is up to five years
(imprisonment)," she said. It is alleged between 2002 and 2004 Töben
published online material of an anti-Semitic and, or, revisionist nature
deliberately contrary to historical truth.
The warrant alleges: "The said publications deny, approve or play down
above all the mass murder of the Jews, planned and implemented, by the national
socialist rulers." Töben had boarded his flight at Heathrow Airport when
police swooped.
Ms Whybrow said he was seen to move seats after detectives boarded the plane.
"Police officers assert that was a bid to avoid detection," she said,
adding that when Töben was cautioned: "His response was, ' I can't be
arrested on British soil'."
Comments cannot be published for legal reasons
http://www.news.com.au/adelaidenow/story/0,,24434836-5006301,00.html
________________________________________________________________
Readers' Comments
Aussie faces Holocaust-denial charges
Valkerie Mangnall
October 02, 2008 09:52am
HISTORIAN Fredrick Töben may be extradited to Germany to face
allegations of Holocaust denial after a dramatic arrest in London.
Mr Töben will face a hearing in London on Friday.
Gerald Fredrick Töben, 64, was arrested on a plane at Heathrow Airport while
in transit from the United States to Dubai, by Metropolitan Police executing a
European Union arrest warrant issued by German authorities.
___________________________________________________________________
Australian
holocaust denier Fredrik Töben given no hope for freedom
Article
from: The
Australian
HOLOCAUST denier Fredrik Töben, who is fighting
extradition from Britain to Germany, has almost no chance of walking free
from a London court today when he applies for bail.
Dr Töben, 64, an Australian citizen who is wanted in Germany, his
country of birth, on charges of denying or playing down the Nazi slaughter
of Jews, hopes to be released from prison today ahead of his extradition
hearing next week.
Fellow Holocaust revisionist David Irving has offered to put Dr Töben up
at his home in Windsor, west of London, and to guarantee that Dr Töben
would turn up for next Friday's hearing. But British immigration officials
have killed off his chances of winning even temporary freedom.
Dr Töben's solicitor Kevin Lowry-Mullins said yesterday that British
authorities had imposed an immigration control order on his Adelaide-based
client, declaring that he was in Britain illegally. "That means that
even if he does get bail he will be transferred to an immigration centre,
which is worse than being in (London's) Wandsworth prison," Mr
Lowry-Mullins told The Australian. "We will certainly be arguing for
bail, but I must say that I do not want to see him being held in an
immigration centre, especially at his age."
Dr Töben was arrested last week on a plane at Heathrow airport while in
transit between the US and Dubai, sparking a debate in Britain about free
speech and European extradition laws.
He was charged in Germany in 2004 with denying the Holocaust but that is
not a crime in Britain or in Australia, where he uploaded his inflammatory
opinions to the internet. Dr Töben, who was jailed in Germany on similar
charges in 1999, faces up to five years more in a German prison because of
the views expressed on his Adelaide Institute website.
Senior Liberal-Democrat MP Chris Huhne and Britain's biggest-selling
upmarket newspaper, The Daily Telegraph, have argued that he should
not be detained in Britain for a "thought crime" that is not
illegal in that country.
Mr Lowry-Mullins said the arrest raised important issues, not just of
free speech but also of Britain's sovereignty and the fair operation of
international extradition laws. Dr Töben has been granted British
government legal aid to retain the services of Mr Lowry-Mullins, one of the
country's most successful extradition defence lawyers. "I do not have a
view about the Holocaust denial issue and Dr Töben's interpretation of
history. That is not my concern," Mr Lowry-Mullins said. "This
case is about the fact that he is being illegally extradited, in effect by
disguised deportation."
http://www.theaustralian.news.com.au/story/0,,24473502-5013404,00.html
_________________________________________________________________________________
THE German prosecutor who wants to put Australian citizen Fredrik Toben on
trial for denying the Holocaust warned yesterday that he was determined to see
the former school teacher face justice.
10 Oct 2008 |
The Australian | article | Find
related
___________________________________________________________________________________________
Beauty queen Lady Michele Renouf backs Holocaust denier
By Charles Miranda in London
October 13, 2008 12:00am
FORMER beauty queen and
Sydney socialite Lady Michele Renouf is the secret force behind a campaign to
free an Australian teacher facing jail in Germany for being a Holocaust denier.
Gerald Frederick Töben was arrested at his seat on a plane at Heathrow
Airport two weeks ago by British police on a request from German authorities.
He is charged with inciting racism and xenophobia through posting on the
internet alleged anti-Semitic and or revisionist views, denying there was a mass
murder of Jews during World War II.
He was to represent himself in court for an extradition hearing to send him
to Germany from Britain, where he was in transit enroute to Dubai, but Lady
Renouf has stepped in and assembled a legal team to not only get him out of
British detention but challenge the validity of European warrants that can see
people arrested in one country at the behest of another.
Lady Renouf, briefly married to millionaire financier Sir Frank "The
Bank" Renouf, said it was a matter of principal her friend Dr Töben got
the best help and the Germans not be allowed to curtail freedom of speech.
She said she was not a revisionist and something "bad" did happen
to the Jews during the war, but on principal she supported people like Dr Töben
and renowned Holocaust denier David Irving for the sake of freedom of
expression.
Revisionism, she said, was not an ideology but a historical method. The
61-year-old former model and Miss Newcastle 1968 said people might not like what
Dr Toben stood for but it was his and others' right to freely express
themselves.
"My interest is in making sure we don't have laws that we say we don't
accept and yet we allow to come in to the back door," she said yesterday.
Dr Töben's solicitor Kevin Lowry-Mullins said his client was in good cheer
and health and was stoic in the face of potentially being extradited and serving
up to five years in a German prison.
http://www.news.com.au/dailytelegraph/story/0,,24484456-5001021,00.html
__________________________________________________
LETTERS
THIS IS A SELECTION OF letters published in
the AJN print edition of October 17, 2008
CRYING
WOLF
FURTHER to your editorial on Holocaust denier Fredrick Töben (AJN 10/10), let
me add that we must be careful to identify the real threats, rather than cry
wolf every time someone says something about Adolf Hitler or the Holocaust.
For as you say, the Nazis illustrated that the destruction of the Jewish
reputation, at large, which is what the deniers are trying to do, was the
incitement necessary to prepare Europe for the destruction of its Jewish
population.
It follows that if we protest every time someone compares anyone to Hitler or
uses a term with connotations to the Holocaust, they are assisting our
detractors because by crying wolf they are damaging our reputation.
HENRY HERZOG
St Kilda East, Vic
http://www.ajn.com.au/news/news.asp?pgID=6441
__________________________________________
Adelaide
'Holocaust denier' Fredrick Töben wins extradition case
ALLAN
HALL, LONDON DAILY MAIL
November
21, 2008 09:40am
Dr
Fredrick Töben (right) with Iranian President Mahmoud Ahmadinejad at a
Holocaust conference in Tehran in 2006.
AN Adelaide "revisionist historian" who questions the
Holocaust will walk free, after Germany abandoned its efforts to extradite
him from Britain.
Germany wanted Dr Fredrick Töben to stand trial over his repeated claims
that the murder of six million Jews in the Nazi Holocaust was a lie. Such
statements are forbidden under the German constitution and punishable with
long jail terms. But Töben - arrested at Heathrow Airport last month -
convinced British authorities they had no right to send him on to Germany if
he had committed no offence under British law.
Germany launched an action at the High Court in London but it was revealed overnight
that it has now been withdrawn. Töben's solicitor, Kevin Lowry-Mullins,
said he has also signed a consent order with the German Government to end
the case. Lawyers acting for the German Government had argued that Töben,
64, the founder and director of the revisionist Adelaide Institute, should
be extradited to face trial for posting claims on its website that there was
no mass murder of Jews by the Nazis.
Daphne Wickham, a judge at Westminster Magistrates Court, ruled that the
warrant used to arrest the Australian as he travelled from America to Dubai
was "vague and imprecise".
Töben was unable to raise the imposed £100,000 bail, and remained in
custody awaiting the German appeal.
- sic, see below.
Mr Lowry-Mullins said: 'The offence is not made out in the UK. If Dr Töben
had been extradited back to Germany for Holocaust denial, which does not
exist as an offence in this country, then we would have found ourselves in a
situation where hypothetically, the Iranian Government could have asked for
all the gay Iranian asylum-seekers to be extradited back to Iran.'
Mr Lowry-Mullins confirmed that Töben was still in the UK waiting for the
return of his passport. A spokesman for the Justice Ministry in Berlin
confirmed the appeal was at an end but gave no further details.
German-born Töben emigrated to Australia in 1954 with his family when he
was just 10. In April 1999, Töben was arrested in Germany and sentenced to
ten months' imprisonment for denial of the Holocaust. He only served seven
months, and was then released upon paying a $5000 bond.
http://www.news.com.au/adelaidenow/story/0,,24684552-5006301,00.html
Fredrick Töben comments: Not only
did supporters in the UK raise the £100,000 bail sum but also from Australia
two individuals offered $AU250,000, but it was not needed after the 18
November 2008 German government withdrawal of the appeal, and the 19 November
2008 release from jail.
_______________________________________________________________________________
Bid
to extradite Holocaust denier dropped
From
correspondents in London
November
21, 2008 09:14pm
AUSTRALIAN revisionist historian Fredrick Töben will take a short
break before deciding his next move after German prosecutors dropped their bid
to extradite him from Britain.
Töben's solicitor, Kevin Lowry-Mullins, said his client wanted "a bit of
time out" after spending the best part of the past two months in London's
Wandsworth Prison. "Dr Töben wants to have a short break before he decides
what he wants to do and he wants to evaluate his position at the moment,"
Mr Lowry-Mullins said. "Basically, he's been in prison since the beginning
of October and I think he wants to just have a couple of days considering where
he's going to go next." Mr Töben was arrested at Heathrow Airport last
month on a European arrest warrant accusing him of racism and publishing
anti-Semitic views.
German prosecutors were forced to appeal to the High Court after Britain refused
to hand him over. Mr Lowry-Mullins confirmed on Thursday that the appeal had
been withdrawn and that he had signed a consent order with the German government
to end the case.
Lawyers acting for the German government had argued that Mr Töben, the
64-year-old founder of the revisionist Adelaide Institute, should be extradited
to face trial for posting claims on its website that there was no mass murder of
Jews by the Nazis.
Westminster Magistrates Court judge Daphne Wickham ruled that the warrant used
to arrest Mr Töben while he was in transit from the US to Dubai was invalid
because it did not provide enough detail.
Mr Töben's supporters were trying to raise a £100,000 ($239,000) cash security
to post bail pending the hearing of the case in the High Court when German
authorities dropped the action. Mr Lowry-Mullins said Mr Töben had been
released from custody.
Unlike in Britain, Holocaust denial is a crime in Germany and offenders can face
up to five years in jail.
http://www.news.com.au/adelaidenow/story/0,,24687885-5005962,00.html
______________________________________________________________________________
Germans
vow to hunt down Holocaust denier Fredrick Töben
Article
from: The
Australian
GERMAN prosecutors warned last night that they would
continue to pursue Australian website publisher and Holocaust denier Fredrick
Toben despite abandoning a vigorous attempt to extradite him from Britain.
Andreas Grossman, the Mannheim district prosecutor responsible for Dr Töben's
case, said authorities would seize Dr Töben if he set foot or even had an
aircraft stopover anywhere in Europe "except, unfortunately, in
Britain".
Speaking after The Australian revealed yesterday that Germany had quietly
dropped its extradition bid, Mr Grossman said Dr Töben still faced a European
arrest warrant for disputing on his Adelaide-based website the extent of
Hitler's crimes against Jews and other minorities.
Dr Töben, 64, has been released after 50 days in London's Wandsworth
Prison after the Germans dropped an appeal against a lower court judgment last
month against handing him over to the Germans.
Dr Töben was yesterday staying at the Kensington home of Michele Renouf,
who organised his legal defence and tried unsuccessfully to raise pound stg.
100,000 bail for him. The Australian-born former wife of New Zealand
businessman Frank Renouf is an outspoken supporter of revisionist World War II
historians, many of whom deny that the Nazis carried out the large-scale
gassing of Jews.
She said Dr Töben was keen to leave Britain for fear of a further attempt
to detain him, but his passport had not yet been returned. "I doubt they
will try it but he has to be cautious until he gets on a plane," she
said. Dr Töben was with Lady Renouf when The Weekend Australian
visited her home but he refused to comment.
Britain's Crown Prosecution Service, which represented the German
authorities in the London extradition hearings, refused to explain why the
case was dropped. But Mr Grossman said the case was abandoned after the CPS
had advised him that the High Court and the House of Lords were likely to
reject Germany's appeal against last month's lower court verdict.
On his release, Dr Töben caught a taxi to Lady Renouf's home and
"fortunately ... arrived in time to accompany (Lady Renouf) to a private
cocktails reception in St James's where surprised guests were delighted to
celebrate his freedom." While Dr Töben refused to be photographed, Lady
Renouf released a photo of her with him at the cocktail reception.
Dr Töben, who was born in Germany, served seven months in a German jail in
1999 for Holocaust denial.
http://www.theaustralian.news.com.au/story/0,,24688125-5013404,00.html
______________________________________________________________________________________________
Vienna tram driver in Nazi salute
A tram driver in Vienna has been sacked after bidding farewell to
passengers with the Nazi-era salute "Sieg Heil!"
The Austrian capital's public transit authority Wiener Linien said it had
taken action after a report of the incident appeared in a Jewish paper. The
35-year-old driver reportedly said to passengers: "Can't you take a
joke?" He has since apologised. The German phrase means "Hail
Victory" and was frequently used at mass Nazi rallies in the 1930s.
Possible prosecution
The driver was running a city centre route on Saturday night when he bid
travellers good night with the words over his public address system. The
driver did not deny using the words.
Media reports said passengers had booed but that some accepted his
explanation that it was meant as a joke. Germany's Der Spiegel quoted the
transit authority as saying the actions were "unspeakable". A mobile
phone video of the incident had been posted on internet site YouTube but has
since been withdrawn.
A spokesman for the public prosecutors' office, Gerhard Jarosch, told AFP
news agency the driver could face prosecution. If guilty, he could be given a
jail sentence of up to 10 years. Austria was annexed by Germany in 1938 and
the use of Nazi symbols is now a crime.
The holocaust happened. Just look at all those photos - long before people can alter photos back then the way we can now. Speak to the people who survived. Rest in peace to my dear Polish neighbour who was in one of those prisons and was tattooed. I remember looking at him and imagining the horrors that poor man saw. I think some people are in denial about things but we must NEVER forget that the holocaust happened. If you can watch Schindlers list and feel nothing for those people then you don't have a heart. The problem with a lot of people today here in Australia is that they have never seen first hand attrocities of war (I'm not talking about sending soldiers to war) but if a war was occuring here within our own country and us civilians have to be part of it. Only then would you see it and understand the hardships that people before us went through. The Holocaust occurred, don't delude yourselfs into thinking it didn't and never try to tell others that it didn't.
Posted by: Evie of dreamin of PR 10:18pm November 23, 2008
Comment 44 of 44