E/CN.4/1996/72/Add.3 page 52 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.

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