Dr. Brandt
07-02-2004, 09:49 AM
"NS" JUDGMENTS OF AUSTRIA
« The Constitutional Court for instance imputed the following non-violent political expressions of opinion to the description of the act of § 3g Prohibition Act - with a threat of punishment of one to 20 years imprisonment:
* the "avowal of loyalty (of German Austrians) to the German nation";
* the description of "the avowal of loyalty to the Austrian nation as a lie";
* the approval "of love to one's own kind";
* the demand for "protection against immigration of aliens";
* the "fight against the destruction of the substance of our people";
* the "declaration of the right to a home country and to self-determination as a consequence of the will to preserve one's kind";
* the "demand for return of the German Eastern areas on the other side of the Oder and Neiße and in the Sudetenland that have been detached in 1945";
* the demand for "the preservation of the unity of the German nation";
* the "recognition of a biological-racial people's concept";
* the "use of the concept of 'degenerate art' as an art form that contradicts * the character (the nature) of a nation";
* the demand to permit the - voluntary - "castration of sex criminals";
* the use of the Gothic type in the abbreviation NDP (National Democratic Party);
* "ideology that is alien to the people";
* "Balkan-oriental conditions";
* "(impending) loss of culture that is thousand years old";
* description of Austrian politicians as "mollification politicians";
* "politics of infiltration of foreigners" and "caste that is alien to the people";
* description of the economic situation as "usury from which mainly aliens profit";
* "fundamental opposition outside the party cartel";
* "homogenous national community";
* "immigrants who are alien to the area";
* "the dissolution of the (European) cultural area";
* "creeping genocide";
* "social spongers and parasitic beings";
* "creatures that turned their backs on their native country".
The Supreme Court imputed e.g. the following political measures and expressions of opinion to the penal provision of 3 g Prohibition Act:
* the distribution of publications, in which "the 'joining' of (Austria to Germany in) 1938 was glorified or in which the illegality and violence of the annexation of Austria is denied";
* the "denial of the Austrian nation";
* the "negation of the moral and legal foundations of the Nuremberg trials";
* the "clever propagandistic representation that causes the necessary objective evaluation of events which is beneficial for the historical truth to be missed"; this would "represent a glorification which is not open but in an inconspicuous form and appears in a disguise that seems to be harmless to superficial onlookers";
* the distribution of grave lights on which there were NS watchwords and swastikas;
* the demand in a leaflet "Give the Nazis a chance" and "Stop the holocaust";
* the saying: "German, do you want to pay forever (?)";
* "Do not buy from foreigners!";
* "Germans, defend yourselves! Wake up at last! Fight!";
* "No to the flood of foreigners!";
* Greetings with the "German salute";
* Victory Hail! calls.
Most of these expressions and behaviors are criminally and even morally unbiased - only from the one-eyed point of view of the left-wing extremists they are criminal. It is remarkable that the Supreme Court and the Constitutional Court follow this view to a large extent. In this process the highest courts do for instance not take into consideration that according to the UN Human Rights Convention there is a fundamental right of all nations to self-determination.
Must all (German) Austrians decline "love to the own kind" or take heed, not to profess their love in public?
Must all Austrians stand up for the creation of a globally unified nation or at least not express themselves against it in public? »
Source: Excerpt of the study brochure « The Austrian Prohibition Act - Rule of Law - Human Rights »
« Thus National Socialist activity is also then present when individual opinions represented by other groups and scientific findings are remodeled or rather adapted in sub-areas to a whole consisting of typical aims pursued by the NSDAP. »
Source: Regional District Court Graz, 04.04.1996, file no. 11 Bs 120/96.
«Activities, in which an explicit turning to the historical National Socialism on the grounds of disguise is avoided, constitute a punishable activity in the National Socialist sense.»
Source: Supreme Court (OGH), EvBl 1987/40. This doesn't mean anything else, however, than that even such demands or acts can be declared as National Socialist and thus criminal by Courts as they were neither realized nor demanded by the NSDAP.
«A ‘German poet’ is to be exposed. Lady judge doesn't need protection in Nazi trial. Can the public prosecutor expect that the jury convicts an author who wrote for example the following?
'If you walk during a quiet hour through Nature, you know about bulbs and roots that are again preparing themselves to set off into a new spring. In endless writings you can also find these roots and urges that beat deeply in your hearts and heads.'
Or such things: 'On Adolph Hitler's 100th birthday the curs yapped and the Micky Mice philosophized! What worms!'
District attorney Sepp-Dieter Fasching is of course aware of the fact that the consideration between the revenge of propaganda endangering the state and the right to freedom of opinion is difficult. But one may still ‘not overlook anything’. The distribution of the NS ideology in the writings of the ‘German poet’ Konrad Windisch isn't clearly visible, but that is 'only a disguise'.»
Source: «Kurier», October 2, 1996.
«'Historian exposes poet'. That is the title of an article in the 'Kurier' about the trial against Konrad Windisch. The expert witness appointed by the court is called Dr. Gerhard Jagschitz (my witnesses were all rejected), the judge is called Dr. Klothilde Eckbrecht, the public prosecutor Dr. Sepp-Dieter Fasching, the sentence is 12 months imprisonment (...) If sentences like 'Be messengers of Light!' (in a Christmas article!) are represented as being a crime, it doesn't mean less than 'get down, or repeat after me'. And everybody, but really everybody who thinks or writes oppositional things is therefore in acute danger of being imprisoned. If there had ever been a judgement and a trial in Austria after 1945 which we can submit to international judges with a clean conscience, then it is this one. Judges from other European countries shall judge if original quotes, poems and Christmas articles constitute crimes or not.»
Source: Konrad Windisch in an own insert to the «Kommentare zum Zeitgeschehen», no. 321, Feb. 1997.
« The Constitutional Court for instance imputed the following non-violent political expressions of opinion to the description of the act of § 3g Prohibition Act - with a threat of punishment of one to 20 years imprisonment:
* the "avowal of loyalty (of German Austrians) to the German nation";
* the description of "the avowal of loyalty to the Austrian nation as a lie";
* the approval "of love to one's own kind";
* the demand for "protection against immigration of aliens";
* the "fight against the destruction of the substance of our people";
* the "declaration of the right to a home country and to self-determination as a consequence of the will to preserve one's kind";
* the "demand for return of the German Eastern areas on the other side of the Oder and Neiße and in the Sudetenland that have been detached in 1945";
* the demand for "the preservation of the unity of the German nation";
* the "recognition of a biological-racial people's concept";
* the "use of the concept of 'degenerate art' as an art form that contradicts * the character (the nature) of a nation";
* the demand to permit the - voluntary - "castration of sex criminals";
* the use of the Gothic type in the abbreviation NDP (National Democratic Party);
* "ideology that is alien to the people";
* "Balkan-oriental conditions";
* "(impending) loss of culture that is thousand years old";
* description of Austrian politicians as "mollification politicians";
* "politics of infiltration of foreigners" and "caste that is alien to the people";
* description of the economic situation as "usury from which mainly aliens profit";
* "fundamental opposition outside the party cartel";
* "homogenous national community";
* "immigrants who are alien to the area";
* "the dissolution of the (European) cultural area";
* "creeping genocide";
* "social spongers and parasitic beings";
* "creatures that turned their backs on their native country".
The Supreme Court imputed e.g. the following political measures and expressions of opinion to the penal provision of 3 g Prohibition Act:
* the distribution of publications, in which "the 'joining' of (Austria to Germany in) 1938 was glorified or in which the illegality and violence of the annexation of Austria is denied";
* the "denial of the Austrian nation";
* the "negation of the moral and legal foundations of the Nuremberg trials";
* the "clever propagandistic representation that causes the necessary objective evaluation of events which is beneficial for the historical truth to be missed"; this would "represent a glorification which is not open but in an inconspicuous form and appears in a disguise that seems to be harmless to superficial onlookers";
* the distribution of grave lights on which there were NS watchwords and swastikas;
* the demand in a leaflet "Give the Nazis a chance" and "Stop the holocaust";
* the saying: "German, do you want to pay forever (?)";
* "Do not buy from foreigners!";
* "Germans, defend yourselves! Wake up at last! Fight!";
* "No to the flood of foreigners!";
* Greetings with the "German salute";
* Victory Hail! calls.
Most of these expressions and behaviors are criminally and even morally unbiased - only from the one-eyed point of view of the left-wing extremists they are criminal. It is remarkable that the Supreme Court and the Constitutional Court follow this view to a large extent. In this process the highest courts do for instance not take into consideration that according to the UN Human Rights Convention there is a fundamental right of all nations to self-determination.
Must all (German) Austrians decline "love to the own kind" or take heed, not to profess their love in public?
Must all Austrians stand up for the creation of a globally unified nation or at least not express themselves against it in public? »
Source: Excerpt of the study brochure « The Austrian Prohibition Act - Rule of Law - Human Rights »
« Thus National Socialist activity is also then present when individual opinions represented by other groups and scientific findings are remodeled or rather adapted in sub-areas to a whole consisting of typical aims pursued by the NSDAP. »
Source: Regional District Court Graz, 04.04.1996, file no. 11 Bs 120/96.
«Activities, in which an explicit turning to the historical National Socialism on the grounds of disguise is avoided, constitute a punishable activity in the National Socialist sense.»
Source: Supreme Court (OGH), EvBl 1987/40. This doesn't mean anything else, however, than that even such demands or acts can be declared as National Socialist and thus criminal by Courts as they were neither realized nor demanded by the NSDAP.
«A ‘German poet’ is to be exposed. Lady judge doesn't need protection in Nazi trial. Can the public prosecutor expect that the jury convicts an author who wrote for example the following?
'If you walk during a quiet hour through Nature, you know about bulbs and roots that are again preparing themselves to set off into a new spring. In endless writings you can also find these roots and urges that beat deeply in your hearts and heads.'
Or such things: 'On Adolph Hitler's 100th birthday the curs yapped and the Micky Mice philosophized! What worms!'
District attorney Sepp-Dieter Fasching is of course aware of the fact that the consideration between the revenge of propaganda endangering the state and the right to freedom of opinion is difficult. But one may still ‘not overlook anything’. The distribution of the NS ideology in the writings of the ‘German poet’ Konrad Windisch isn't clearly visible, but that is 'only a disguise'.»
Source: «Kurier», October 2, 1996.
«'Historian exposes poet'. That is the title of an article in the 'Kurier' about the trial against Konrad Windisch. The expert witness appointed by the court is called Dr. Gerhard Jagschitz (my witnesses were all rejected), the judge is called Dr. Klothilde Eckbrecht, the public prosecutor Dr. Sepp-Dieter Fasching, the sentence is 12 months imprisonment (...) If sentences like 'Be messengers of Light!' (in a Christmas article!) are represented as being a crime, it doesn't mean less than 'get down, or repeat after me'. And everybody, but really everybody who thinks or writes oppositional things is therefore in acute danger of being imprisoned. If there had ever been a judgement and a trial in Austria after 1945 which we can submit to international judges with a clean conscience, then it is this one. Judges from other European countries shall judge if original quotes, poems and Christmas articles constitute crimes or not.»
Source: Konrad Windisch in an own insert to the «Kommentare zum Zeitgeschehen», no. 321, Feb. 1997.