E/CN.4/1996/72/Add.3
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X. lived next door to Mr. and Mrs. Y.; he had damaged their fence and,
while out in his garden and in the presence of witnesses, had made the
following remarks to Y., who was Jewish: “You're still alive because you led
the dance for people like your father and your mother, who went to the gas
chambers, everyone knows that”, and “Stupid bastards, I'm always rude to their
faces” (No. 93-29 A4).
(3)
Proceedings for advocacy of crimes against humanity, contesting
crimes against humanity and displaying illicit symbols
On 2 July 1993, the weekly R. carried a drawing entitled “The liberation
of Buchenwald”, depicting an American soldier asking five deportees: “Where
are the gas chambers?”, with the deportees replying by pointing in four
different directions. The drawing went with an article entitled “Television another documentary full of hot air”, which reviewed a film shown on ARTE
channel about the liberation of the German concentration camps by the
United States Army at the end of the Second World War. The review stated, for
example: “It has now been established that there were never any gas chambers
for killing people in the territory of the Third Reich”.
On the initiative of the Government Procurator's Office, the
publications director of the weekly and the artist who drew the picture were
referred to the correctional court on the charge of contesting crimes against
humanity and were sentenced on that charge by the Paris High Court on
10 January 1994. By a decision of 8 June 1994, the Paris Court of Appeal
upheld the judgement, whereby each of the accused was sentenced to a fine of
10,000 francs and to pay 3,000 francs in damages and 15,000 francs on the
basis of article 475-1 of the Code of Criminal Procedure to each of the four
associations which were claimants for criminal indemnification, as well as the
publication of a statement in the newspaper in question (No. 93-1337 A4).
On 22 August 1993, an unemployed 29-year-old man was stopped by a police
patrol as he drove around aimlessly on a moped while dressed in a German
Waffen SS uniform and carrying a bayonet-type dagger. On 16 March 1994, he
was charged by the Poitiers correctional court with carrying a prohibited
weapon and wearing the uniform of an organization declared to be criminal and
sentenced to a four-month suspended sentence and 200 hours of public service
over a period of 18 months, together with a 4,000 franc fine and the
confiscation of the uniform and the weapon (No. 93-29).
(4)
Proceedings for racial discrimination
On 2 May 1994, the Rouen Court of Appeal sentenced Mr. X. to a
5,000 franc fine for refusing to hire a cleaning woman when he was the manager
of a tennis and squash club and justifying his attitude in writing by saying:
“A person of colour - impossible” (No. 93-1914 A4).
(5)
Proceedings for putting prohibited works up for sale
On 15 March 1994, the police discovered 46 volumes of the “Revue
d'histoire revisionniste” (Review of revisionist history) on the shelves of a
Bordeaux bookshop in violation of the Ministerial Decree of 2 July 1991
banning this review from being offered for sale on the basis of article 14 of
Act No. 49-596 of 16 July 1949 on publications for young people.