Pastörs v. Germany Posted In: Case Law
Case ReferenceECtHR application no. 55225/14
Legal BodyEuropean Court of Human Rights (ECtHR)
Type of Claim / JurisdictionDiscrimination and Equality, Human Rights
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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