Pastörs v. Germany [2019]

Posted In: Case Law
  • Case Reference
    ECtHR application no. 55225/14
  • Legal Body
    European Court of Human Rights (ECtHR)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Human Rights
Issues covered: Holocaust Denial; Freedom of Expression

The European Court of Human Rights has unanimously ruled that Holocaust denial is not a protected right under the Convention. 

The applicant’s complaint under Article 10 (freedom of expression) was manifestly ill-founded and had to be rejected, according to the Court. They also found by four votes to three that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.

The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament.

The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection

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This article is correct at 03/10/2019
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