MANNHEIM DISTRICT COURT
Legal No. 42 Gs 830/99
Public Prosecutor, Mannheim
Reference No. 503 Js 9551/99.
ARREST WARRANT (Haftbefehl)
of 9 April 1999, against the accused:
Dr. Gerald Fredrick Toeben [sic], born on 2 June 1944, resident of Adelaide, Australia. Australian citizen.
The accused is remanded to investigative custody (Untersuchungshaft) [that is, to be jailed until trial], because,
since 1996, and most recently between January and April of 1999, he sent, by post from Adelaide, Australia, to recipients in the territory of the Federal Republic of Germany, among other things, a monthly Adelaide Institute newsletter, for which he is the responsible editor, as well as the Vierteljahreshefte für freie Geschichtsforschung ["Quarterly Journal for Free Historical Research"], which he also produced [sic], the identical contents of which have also been circulated worldwide by Internet.
In these "newsletters" the accused claims and presents, often with the use of supposed quotations, as well as by reference to, among other things, "supporting" literature that is available on the Internet, which is consciously contrary to historical truth, at least partially identifying with the Nazi persecution measures, in a pseudo-scholarly style, characterized by a tendency to exonerate National Socialism of the stigma of the murder of the Jews, to intensively influence the sensibilities and passions of the reader, by denying the annihilation of the Jews planned by the National Socialist rulers, the denial of the existence of gas chambers for the mass killing of Jews, by denigration of the survivors of the genocide and of the memory of the Jews murdered during the mass annihilation, with the claim that the mass annihilation is an invention of the Jews, and serves to oppress the German people.
An example is "A KGB Novelist: Gerald Fleming," which was downloaded from the Internet Vierteljahreshefte on 8 April 1999.
[ Text, two and a half pages in length, of "Ein KGB Novelist: Gerald Fleming," an exchange of letters from August 1996, with commentary ]
Through Internet links the accused presents "supporting literature" to interested persons. These include, among other things, references to extreme right-wing and anti-Semitic sources, including, for example, the Institute for Historical Review, the Committee for Open Debate on the Holocaust, Germar Rudolf, Jürgen Graf, David Irving and, above all, the "Zündelsite," where the following summary [listing item titles] of "unambiguous thinking," which the accused identifies with, can be found and downloaded.
[ Listing of titles of 22 "Zündelsite" items, including "Did Six Million Really Die?," "The Holocaust: Let's Hear Both Sides," "The Leuchter Report: The End of a Myth," "The Liberation of the Camps: Facts vs. Lies," "Auschwitz: Myths and Facts," "Inside the Auschwitz Gas Chambers," "What is Holocaust Denial?," "Pressac's New Auschwitz Book." ]
The claims of the accused as well as the literature offered and distributed by him are suited to awaken and stir up emotionally hostile attitudes toward Jews in general and, in particular, against Jews who live in the Federal Republic of Germany. They are also suited to shake the confidence in public security of the targeted Jewish portion of the population.
Thus, on repeated occasions, the accused,
A. in a manner suited to disturb the public peace, 1. incited a portion of the population to hatred, and, 2. attacked the human dignity of others, by insulting, by malevolently making contemptuous, or by libeling a portion of the population,
B. publicly denied, in a manner designed to disturb the public peace, a genocidal act carried out under National Socialist rule,
C. insulted others, and
D. denigrated the memory of the dead.
These acts are violations of the German criminal code (StGB), punishable according to Sections 130 (sub-sections 1 and 3), 185, 189, 194, 52, 53, and 9 (sub-section 1).
Töben is suspected of these things on the basis of an investigation, seized evidence, and a review of Internet material.
The accused faces severe punishment. If released, the danger exists that he will avoid punishment by fleeing to his homeland of Australia.
On 15 April 1999, Töben's German attorney, Ludwig Bock, issued a formal complaint (Beschwerde) against the Arrest Warrant. In this complaint, Bock asks that the Warrant be withdrawn, or at least that Töben be released on bail.
Bock points out that the Warrant does not specifically cite anything that has been published by Töben since 1996. For this reason alone the Warrant is invalid. Bock also writes that no supporting evidence is cited for many of the specific allegations made against Töben in the Arrest Warrant.
Bock writes that the one item that is specifically cited and quoted, "A KGB Novelist: Gerald Fleming," is simply a record of an exchange of views from 1996 that is not a sufficient basis for arrest or detention.
The 22 listed "Zündelsite" items are only punishable if they have been indexed by the federal indexing agency (Bundesprüfstelle). The Warrant says nothing about this, nor anything about the contents of these items.
Bock concludes by saying that the Arrest Warrant should be withdrawn, considering the possible damage, especially in Australia, to Germany's reputation as a free, democratic state of law.