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Zundel - Appeal Denied!
From Ingrid Rimland
irimland@bellsouth.net
9-18-7

On 12 September 2007, the German Bundesgerichtshof, a sort of appeal court, rubberstamped the treason against the German People - that they have absolutely no right to hear the truth about their history.
 
The judgment stands as Judge Meinerzhagen pronounced it shamelessly while sentencing Ernst Zundel:
 
"It is of absolutely no relevance whether the Holocaust happened or
 
not. Denying it is a punishable offense. That is the only thing that matters to the Court." (Source: Berliner Tageszeitung, 2 Feb 2007)
 
Five years in PRISON for speaking the truth about the Holocaust
 
as documented by forensic science!
 
Let it be said that the defense submissions appealing the harsh Mannheim sentence consisted of more than 800 carefully crafted pages of legal arguments.
 
The Bundesgerichtsamt's reply consisted of one-and-a- half pages of blah-blah !
 
Since I am archiving for history the many facets of this epic struggle between the Germans and the Jews, I thought it is appropriate to share with you Ernst's thoughts on having reached this milestone.
 
In a letter to a fellow activist in France, his dear friend, Dr. Robert Faurisson, Ernst wrote in part:
 
 
Ernst Zündel JVA Mannheim Herzogenriedstr. 111 68169 MANNHEIM
 
24 August 07
 
Dear Dr. Faurisson
 
I know it is August and most of France is on holidays, so forgive the intrusion, and no need to reply.
 
I wanted to write one more time, because at the moment it is a bit like the quiet before the storm we experienced as peasants before a thunderstorm would hit in Summer before we could get the hay in, or harvest the grain, potatoes, etc.
 
There always was a kind of heavyness, a kind of foreboding in the air, and after two or three lightning strikes and sharp thunder clasps, the sluice gates of heaven opened up - lukewarm rain would fall plentifully. There would rise steam from the meadows and forests - and the air would smell heavenly. Only a peasant would be able to appreciate what freshly-watered soil smells like.
 
Thus, after the stresses and the strains, the constant struggles and battles and cajoling of the lawyers to try to get them to undertake certain initiatives, now a certain calm is setting in. I was ordered to pack and remove my court-related documents from my cell, A certain realization is setting in that the end phase is [at hand].
 
The most amazing, dedicated, quietly competent lawyer (of the Mannheim trial) was Dr. Schaller. A delight to work with, I had invited him to Canada to observe the appeal of one of my trials, liked him, and we remained in contact ever since. Although unwell, he consented to help me. I was delighted, for there is no one who takes the time to weigh every word, who has the enormous background knowledge, which is a real asset in these cases. And he is cultured, with good manners. This has meant that I could draw on his knowledge and rely on his topics and documents, which he had assembled over a 53-year-spanning career.
 
Thus justice was done to the cause before history, even if little justice was done to me by my detractors and persecutors, which usually happens in these types of cases throughout history.
 
There are, now that the case is before the Bundesgerichtshof, two more relatively simple hurdles to take : the Bundesverfassungsgericht and then the European Court of Human Rights.
 
If the finances last, we will go there, in order that NO Germans can say that they did not have a chance to confront and examine their history. That does not mean that I expect justice will be done - it is important historically, in the context of the German nation. And Karma.
 
It is also important to me as a person and a son of Germany, that I stood the ground and did not make foul, unethical compromises in order to get a lesser sentence, for we say in English: "Where there is no accuser, there will never be a judge." Important issues, in order to be examined, need a forum. Since normal academic forums are usually barred or denied to certain subjects, courtrooms are a substitute - a poor one but, still, they are a forum nevertheless.
 
I was fortunate to have understood that early enough. And I was even more fortunate in (having lived) in an Anglo-Saxon legal system dominated Canada, (in a country where) enough of the old Anglo-Saxon legal traditions still existed but were under assault even then by the graduates of Marxist-dominated universities and law schools.
 
Thus, in the beginning I was the beneficiary of fortunate cultural circumstances. I understood those trends - that's why I was so furious at Mrs. Marshall - in that preliminary hearing in June of 1984, to have not pulled out all stops with that guy Fried, (a prosecution witness,) for instance, because I realized we would never get a chance to grill that old German-hater again. He, like Hilberg, Vrba, Urstein and others are now dead. WE have their testimonies.
 
How fortunate I was to have been the instrument, to have especially found you, and our excentric Ditlieb, to have found a man with the courage of Christie - and the quiet dedication of Keltie and Barbara.
 
If ever there was a DREAM TEAM, we were it.
 
We have a good library (in prison) with surprisingly interesting books on esoteric and historical topics I did not have the time to study in Canada. Here I read at least one or two books a week.
 
So, you can see I will come out of prison wiser than when I came in.
 
 
With much respect.
 
 
Ernst Zündel
 
=====
 
This just in:
 
 
The Associated Press / Monday, September 17, 2007
 
German court rejects far-right activist Zundel's appeal against incitement conviction
 
BERLIN -- A German federal court said Monday that it has rejected an appeal by far-right activist Ernst Zundel against his incitement conviction for denying the Holocaust, which resulted in a five-year prison sentence.
 
Zundel, who was deported from Canada in 2005, was convicted by a Mannheim court in February on 14 counts of incitement for years of anti-Semitic activities, including denying the Holocaust - a crime in Germany - in documents and on the Internet.
 
The court handed him the maximum five-year sentence.
 
The Federal Court of Justice said it had thrown out Zundel's appeal in a Sept. 12 ruling.
 
In a statement, the court also said that judges in Mannheim were right not to deduct time Zundel served in pre-deportation custody in Canada from his sentence. It said that was not formal "pre-extradition detention for the criminal proceedings here."
 
Zundel and his supporters have argued that he was a peaceful campaigner being denied his right to free speech. As well as Canada, Zundel has in the past lived in the U.S. state of Tennessee.
 

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