EU DIPLOMATS: BAN ON HOLOCAUST DENIAL WON’T CURB CIVIL LIBERTIES
By DPA
Ha’aretz, Israel
April 17 2007
BRUSSELS – Planned new rules to criminalize racism and xenophobia,
including Holocaust denial, in the European Union will not force
member states to change standards on freedom of expression, European
Union diplomats said Tuesday.
Under the new proposals, hate declarations referring to religion such
as "Kill the Jews" or "Kill the Christians" would remain unpunished
in EU countries where such statements are not criminalized, the
diplomats said.
They indicated that Britain and the Nordic countries had blocked
attempts by current EU president Germany to push through tougher
rules on inciting violence against a specific group or person.
EU justice and interior ministers are expected to discuss the
controversial plans at a meeting in Luxembourg later this week.
Germany, which currently runs the agenda-setting EU presidency, wants
to use its term at the bloc’s helm to harmonize EU-wide differences
on combating racism and xenophobia in the 27-member bloc.
However, EU diplomats said that the planned rules only aimed to
achieve a "minimum level of harmonization" as the differences in
national legal systems had to be respected.
Germany views a common EU law as a moral obligation, but countries
like Britain, Ireland and the Scandinavian states resist unified
legislation as a violation of civil liberties.
Under the text being debated, EU countries would set jail terms of
at least one to three years for "publicly inciting to violence or
hatred… directed against a group of persons or a member of such
a group defined by reference to race, color, religion, descent or
national or ethnic origin."
EU diplomats also said that a German proposal to push through new
rules which would make denying the Holocaust – the mass killing of
Jews by Nazis and Nazi supporters – a crime in the EU, would not
cover denying the massacre of Armenians in World War I.
Turkey denies that the killing of up to one million Armenians
constituted genocide, putting their deaths down to ethnic strife,
disease and famine, and has prosecuted historians and journalists
for calling it genocide.
In addition, the proposed EU rules would not make denying crimes
against humanity under the Stalin regime punishable, diplomats said.
The Baltic states want the EU to make it a crime to deny the abuses
of the Stalinist regime in the former Soviet Union.
The proposed rules would also apply to people "publicly condoning,
denying, or grossly trivializing crimes of genocide, crimes against
humanity and war crimes" as defined by international crime courts.
Citing its "particular historic responsibility" due to its Nazi past,
Germany has said it wants EU member states to adopt the proposed
legislation before it ends its term at the EU helm at the end of June.
Two years ago, Luxembourg tried to use its EU presidency to push
through legislation to unify legal standards for Holocaust denial,
but was blocked by Italy on the grounds that the proposed rules
breached freedom of speech.
Laws against denying the Holocaust already exist in Austria, Belgium,
France, Germany and Spain.