Holocaust Denier Arrested in Britain

by Dan Forrest
Impunity Watch Senior Desk Officer, Europe

LONDON, United Kingdom - An Australian man was arrested at Britain's Heathrow Airport this week pursuant to an EU arrest warrant issued in Germany.  The warrant alleges that Dr. Gerald Fredrick Toben violated a German law that prohibits publishing anti-Semitic materials online. 

German officials allege that Dr. Toben's Adelaide Institute website illegally argues that Germany never massacred Europe's Jewish population during the second world war. 

Once employed as a schoolteacher, Dr. Toben has been known to publicly express his view that the Holocaust never occurred.  In a 2005 interview with Iranian state television, Dr. Toben declared, "The Holocaust equals a lie.  Therefore Israel is built on a lie."

Dr. Toben says that he plans to fight his extradition on grounds that Britain has no authority to extradite him because his statements are not criminal in the UK. 

Attention in this case now turns to whether Dr. Toben should be extradited to Germany.  British officials appear divided on this issue.  While some feel an obligation as an EU member state to honor Germany's arrest warrant, others believe that extradition in this case is inappropriate.  British Home Affairs spokesman Chris Huhne told reporters this weekend that "Holocaust denial is not a crime in the UK and that Dr. Toben should not be sent to Germany to face charges."

While its true that a 2003 agreement between EU member states obligates nations to honor EU arrest warrants, Mr. Huhne argues that sufficient precedent exists to allow countries to pick and choose which warrants they choose to honor.  He added, "We don't in this country tend to prosecute people for issues that we regard as issues of freedom of speech." 

Dr. Toben will remain in British custody until his bail hearing on October 10.  A full hearing to examine the charges against him has been set for October 17. 

For more information, please see:

ABC News - 'Holocaust denier' fights extradition to Germany - 4 October 2008

BBC - 'MP backing for 'Holocaust denier' - 4 October 2008

Guardian - Alleged Holocaust denier held at Heathrow - 2 October 2008