Documents on David Irving's Persecution by the German authorities 1989-1993

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Verdict of Munich Court against David Irving, May 5, 1992
Canadian translation from the German
A Commissioner for taking Affidavits
in British Columbia

Munich District Court
8000 München 35
Nymphenburger Strasse 16

No. 432 Cs 113 Js 3619/90

In the name of the People!
of the Munich District Court


in the criminal proceedings against

Irving, David
born March 24, 1934 in London/England
single, historian and author
British citizen resident at 81 Duke St., London/England

regarding slander etc,

based on the main hearing of Friday, May 5, 1992, in which participated: District Court Judge Stelzner, criminal judge; Prosecuting Attorney Kaps, officer of the Prosecuting Attorney's Office; Attorneys Herrmann and Dr. Goebel, defence counsels; Secretary Grübl, Administrative Registrar.

I. The accused, David Irving, other particulars as previously ascertained, is guilty of slander concomitant with the disparagement of the memory of deceased persons.
II. He is sentenced to a fine of 100 daily rates at DM 100,- - each.
III. The accused must bear the cost of the trial as well as his own expenses.

Regulations applied: §§ 185, 189, 194 Sections 1, 2, 52 of the German Criminal Code.


The accused, 52 years of age, is a British citizen. He is a historian, the author of numerous books, The accused has four children, He has not been previously convicted. On April 21, 1990, between 10:00 a.m. and 5:00 p.m. a meeting of the Deutsche Jugendbildungswerk [=Youth Educational Service] was held in the Löwenbräukeller on the Stiglmaierplatz in Munich; the accused was one of the speakers at this meeting. In his Speech, the accused said, among other things: "By now we know - and I'm sure I don't need to point this out as anything more than an aside - that there were never any gas chambers in Auschwitz." Further, he stated: "We believe that, just as the gas chambers which the Americans put up here in Dachau in the first few days after the war were fakes, those gas chamber

facilities which tourist can now sightsee in Auschwitz were set up by Polish authorities after the Second World War.... Since, after all, the German taxpayers have had to shell out no less than 16 billion Deutschmark as penalty for Auschwitz ... for a fake. "

These facts of the case have been established by the main hearing, particularly by the defendant himself, who confirmed the quotations. The accused is therefore guilty of slander concomitant with the disparagement of the memory of deceased persons, as punishable under §§ 185, 189, 194 Sections 1, 2, 52 of the German Criminal Code.

Anyone who denies the murder of Jews during the "Third Reich" - and the accused has deliberately done so, as he himself confirmed in the course of the main hearing - slanders each and every Jew (cf. BGHZ 75,160 for further documentation). The persecution of the Jews solely on grounds of their ethnic origin, as it was practised during the National-Socialist reign, ia a historical and legal fact. It culminated in the killing of millions of Jewish men, women and children in extermination camps, one of which was Auschwitz-Birkenau, in which camp alone at least 3 million Jews were murdered by means of gas (Zyklon-B) (cf. "Conference Protocol" of the Wannsee Conference of January 20, 1942, for the "Final Solution of the Jewish Question", in: Kurt Pätzold, "Tagesordnung: Judenmord, Die Wannsee-Konferenz am 20. January 1942" [="Agenda: The Murder of Jews, The Wannsee conference of January 20, 1942"]; and Wolfgang Benz: "Legenden, Lügen, Vorurtelle, Ein Lexikon zur Zeitgeschichte" [="Legends, Lies, Prejudice; A Dictionary of Contemporary History"], key words "Auschwitz-Lie", "Gassing".)

Denial of these facts also constitutes slandering the murdered Jews,

The only mitigating factor which speaks for the accused in setting the terms of his penalty is that he has admitted to the facts of the case. It speaks against him that, in his capacity as historian, he also denies the National-Socialist atrocities disputed by so-called Revisionists for the further purpose of marketing his own work. During the main hearing, for example (and according to his own statements) , the accused had surrounded himself with stacks of some 200 books, with the remark that he wasn't just anybody.

In light of the nature of the crime and the guilt associated therewith, a fine of 100 daily rates seems appropriate, The daily rate is estimated at no less than DM 100.-- (cf. above),

Expenses: §§ 464, 465 StPO

(Signed) Stelzner, District Court Judge

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