More News On Arrest Of Dr. Toben
Sent: Monday, October 13, 2008 9:01 PM
Subject: More news on arrest of Dr. Toben
Frederick sends his thanks to his many supporters. He is in good spirits. He is preparing himself for the worst and at the same time will fight the case to the highest level in the UK where he does have an actual chance. If extradited to Germany, he will have a "trial" in which there is NO possible defence, after which he will be sentenced to at least 5 years jail.
Please give generously to help this courageous man in his battle for the truth
For details please visit www.adelaideinstitu
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---- Message sent via Adam Internet WebMail - http://www.adam.
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Comment from Ingrid Rimland: I am always saddened to see groups like the BNP genuflect before the enemy, but ignoring the obvious - not that it's going to help them any! - this article contains useful comparisons between today and yesterday.
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Toben Case Highlights Danger of EU Gestapo Posted By BNP News On October 3, 2008 [1] <http://www.bnp.
The arrest of Australian national Gerald Frederick Toben at Heathrow airport at the request of the German government on Holocaust-denial charges cuts to the very heart of the EU super state Gestapo danger.
The BNP has no truck with Holocaust Denial, regarding it as a self-defeating honey trap aimed at diverting attention away from the real issues facing Britain in 2008, namely the effects of mass immigration and the loss of our national identity.
The real issue with the Toben case is not, therefore, his silliness in getting involved with events of 70 years ago, but actually the frightening ability of EU states to order the arrest of other state's nationals - for thought crimes which are not even offences in most countries.
This is a direct assault on personal and civil liberties, the suppression of which Europe was supposed to have liberated itself in the war against Fascism more than six decades ago. It is incredible to think that the nations of Europe - who fought so hard to rid themselves of Nazi and Fascist dictatorships, should themselves resort to those very tactics.
This is rank, dire, wretched hypocrisy of the worst degree, and shows that the era of Nazi book burning has been reborn in the form of the EU - and modern leftist regimes.
The EU Gestapo works like this: A person of any nationality - Britain included - says or thinks something which is not a crime in his home country. An EU state issues an arrest warrant, and can order the police of a third state to arrest that person anywhere in the world, and bring that person back to the EU state for trial.
The police have no discretion in the matter: they are forced to act by the EU super state.
The last time Europe experienced such a thing was during the witch burnings of the Middle Ages, the Nazi era, and the tyranny of Communist-ruled Eastern Europe. The EU has excelled itself over these eras.
At the very least, the Nazis made no pretence of being democratic, and were open about their aims. The EU, on the other hand, lies and pretends to be democratic, when in fact it is just as totalitarian, if not more so, than the worst witchcraft trial judge or Nazi book burner. In fact, the Nazis never reached Britain, whereas their spiritual descendants in the EU bureaucracy now have.
Euro-sceptics, including those who support UKIP, will doubtless find these events a confirmation of all they fear about the EU Gestapo super state. But Ukip supporters should also be aware that in January
2005, Ukip MEPs voted for these laws which are now being enforced for the first time on UK territory.
Not content with lying to their supporters, the Ukip MEPs have actively taken part in the suppression of British civil liberties, and deserve to be punished for this collaboration with the Fascists.
Article printed from The British National Party News: http://www.bnp.
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Töben's arrest 'fatally flawed', says lawyer
But a district judge in London refuses to consider whether the alleged Holocaust denier should be released from custody ahead of a hearing planned for next week.
By Joshua Rozenberg
Last Updated: 11:27AM BST 12 Oct 2008
Fredrick Töben, the alleged Holocaust denier detained in London last week, was arrested under a "fatally flawed" European arrest warrant, his counsel submitted today.
Ben Watson tried to persuade City of Westminster Magistrates' Court that Dr Töben should be released unconditionally and allowed to leave the country.
But District Judge Daphne Wickham refused to hear Mr Watson's application, pointing out that the case had been listed only for a decision on bail.
A public prosecutor in Mannheim is seeking Dr Töben's extradition on charges of "instigation to race hatred, insult and reviling the memory of the dead".
The charges go back to 2004.
When the hearing opened, Melanie Cumberland, instructed by the Crown Prosecution Service on behalf of the German authorities, told the judge that Germany opposed bail for Dr Töben. He had a "strong incentive to flee", she said, and no bail conditions would be sufficient.
After speaking to his client, Mr Watson said the bail application would be deferred until next Friday afternoon, when he would be able to develop the submissions he has lodged with the court.
In his written application for his client's discharge, Mr Watson argues that the European arrest warrant is "plainly defective" because it does not give enough information about the conduct alleged against his client. Without that information, the court cannot resolve the issue I raised in my analysis last week
: did any part of Dr Töben's alleged conduct occur in the United Kingdom? If so, that would prevent his extradition.
This is how the warrant describes the conduct alleged against Dr Töben:
"From 2000 up to this day, worldwide internet publications of anti-Semitic and/or revisionist nature. Deliberately contrary to the historical truth, the said publications deny, approve or play down above all the mass murder of the Jews planned and implemented by the National-Socialist rulers. The offender is committing the acts in Australia, Germany and in other countries."
I surmised last week that this was alleged to amount to "racism and xenophobia", one of the offences on the so-called European framework list.
It is indeed, but the conduct is also said to come within an even more vague framework offence, that of "computer-related crime".
The warrant for Dr Töben's arrest on October 1 was issued under section 2 of the Extradition Act 2003.
http://www.opsi.
For the warrant to comply with subsection 4(c) of that section, it must contain "particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence" and "the time and place at which he is alleged to have committed the offence".
Any warrant that does not contain this information is invalid and "cannot be eked out by extraneous information"
But, says Mr Watson in his written argument, there is no clear description in the warrant of the time and place at which Dr Töben is alleged to have committed the offence. The warrant does not say where he was when the information was published on the internet. It is not clear whether he is alleged to have committed the offences in Britain.
It follows, Mr Watson says, that the court cannot even begin to decide whether the German authorities can rely on the framework list offences - as they intend to do - because the warrant fails to specify whether any part of the conduct is alleged to have taken place in the United Kingdom.
He also submits that the description of his client's alleged conduct is "is simply too vague to fulfil the requirements of section 2". The court cannot decide whether it amounts to computer-related crime; racism and xenophobia; or an offence under English law.
On behalf of the German authorities, Ms Cumberland handed in written submissions opposing Mr Watson's arguments. However, a senior CPS lawyer was unable to provide a copy of them for the press.
Dr Töben's solicitor, Kevin Lowry-Mullins, told reporters that the court would have to define "racism and xenophobia" and "computer-related crime" before deciding whether Dr Töben's conduct meets either of these definitions.
The solicitor also argues that Dr Töben is being prosecuted on account of his political opinions. If established, this would be a bar to extradition under section 13 of the Act
http://www.opsi.
If the case is not completed on October 17, a further hearing is planned for November 11. So far, I have heard nothing from Ms Cumberland to persuade me that the Germans are going to win this one.
First published October 10, 2008