Can you be extradited for holocaust denial

[Cyclone 10]

I saw this claim by a mod (unrelated to that status really) on another, closed, thread.

 

I just had a quick look and it appears to be incorrect.

 

Germany did try to get some extradited in 2008 on this charge, but they failed (and that wasn't even a UK national).

 

The home secretary stated when the cross border warrants came into existence that they would not be used to extradite someone for something that is not a crime in the UK...

 

Any evidence that I'm wrong?

 

http://en.wikipedia.org/wiki/Gerald_Fredrick_T%C3%B6ben

This unpleasant individual was not ultimately extradited.

[Tehs 10]

You could always test this theory out first hand

[Kid Sampson 10]

It is a ridiculous thing to be a criminal offence anyway, although anybody wishing to test the theory might want to be wary of the ever reaching and powerful EAW which is being used increasingly to extradite citizens.

[Cyclone 10]

That's not the point, I'm sure there are plenty of other things that are illegal somewhere in the EU but not here, the question is whether you can be extradited for something that wasn't illegal in the location you took that action.

[Kid Sampson 10]

Well you did specifically mention holocaust denial and I was merely suggesting that its a ridiculous offence. I have no idea if you could be extradited for it or not. One would presume and hope not.

[Waldo 96]

The home secretary stated when the cross border warrants came into existence that they would not be used to extradite someone for something that is not a crime in the UK...

 

What about that Sheffield kid who setup TVShack? Wasn't he extradited to the US, for something that was not a criminal offence in the UK?

 

Am I missing something?

[Kerrangaroo 10]

What about that Sheffield kid who setup TVShack? Wasn't he extradited to the US, for something that was not a criminal offence in the UK?

 

Am I missing something?

 

Yeah, but apart from that incident can you be extradited, that's what he means

[Thunzi 10]

The attempted extradiction of Fredrick Toben, the case you're talking about, came under the European Arrest Warrant:

 

There are several features of the European Arrest Warrant which distinguish it from the treaties and arrangements which previously governed extradition between EU member states. EAWs are not issued through diplomatic channels, they can be executed for a wide variety of offences without any requirement that the offence to which the warrant relates corresponds to an offence under the law of the state asked to execute the warrant, there is no exception for political, military or revenue offences and there is no exception clause allowing a state to refuse to surrender its own nationals.

However that is countered by

Double criminality is a feature of international extradition law by which states may refuse to extradite fugitives if the conduct which is alleged to have constituted a criminal offence in the state requesting extradition would not have resulted in the committal of a criminal offence in the state being asked to effect the extradition.

 

Under the EAW Framework Decision, the requirement for double criminality is removed for a wide range of categories of crimes, and made a discretionary rather than a compulsory ground for a refusal to extradite for offences not falling within those categories.

 

Interesting reading and ultimately very confusing. A lot of 'may' and 'could' references throughout.

[mj.scuba 10]

My contention on the other (now closed) thread was the notion that we can't or shouldn't write anything on this forum which may break the laws of any other country in the world.

 

A lot of what is written on this forum could be deemed illegal in many countries, in fact I'd hazard a guess that this very forum would be deemed illegal in places like Iran or North Korea. By the same logic, should the forum therefore be shut down?

[alchresearch 215]

^^^^^^^^^ Good point. Does the average user know every single law in the world and, more importantly, would the mods?

 

I think the general consensus is that if an official or legal complaint or threat is made to the site owner, they're obliged to take it down, possibly issuing a statement and apology if necessary.

 

I can't say I've had any problems on the forums I've been involved in with regards foreign law.

 

The only issue I had was a solicitor acting on behalf of a property owner who claimed my members had entered a site illegally and the photos were in some way illegal and should be removed. They couldn't prove either and backed off, and the photos remain available to this day: http://nwex.co.uk/search.php?searchid=677444

[splodgeyAl 10]

Yes you can.

 

http://www.telegraph.co.uk/technology/news/9141514/Home-Secretary-approves-extradition-of-student-Richard-ODwyer-over-pirate-TV-website.html

[Cyclone 10]

Well you did specifically mention holocaust denial and I was merely suggesting that its a ridiculous offence. I have no idea if you could be extradited for it or not. One would presume and hope not.

 

It's a specific example of a well known German law, whether or not we consider it to be ridiculous isn't really the point.