Dr Toben out of jail
Dr Toben, the revisionist who was arrested in Germany for his
"unpopular:" views on history, has announced that he intends to come
back to Australia by 16th December, 1999 and start on a speaking tour
of Australia reporting on his experiences. He is "recalcitrant" and
"unrepentant" in promoting revisionist viewpoints and has been
currently staying at Dachau, examining the nature of events alleged
to have occured there during WWII. He also spoke to Radio Iran in
Tehran, where he was interviewed about his experiences-
Geoff.Muirden, Acting Director, Adelaide Institute
Bail (of a 6,000 mark) has been paid for Dr Fredrick Toben, and he has been released (12 Nov 1999) from Mannheim Prison in Germany. However, prosecutor Klein has appealed to a higher court for a more severe sentence. Dr Toben has announced that he intends to stay in Europe and not return immediately to Australia. He wants to attend the appeal against his lenient sentence issued by prosecutor Hans -Heiko Klein, even though he risks a much longer sentence in prison.
Director of Adelaide Institute
Dr. Fredrick Töben, Director of Adelaide
Institute Website and editor of Adelaide
Institute Newsletter (Visiting Auschwitz).
Dr Fred Toben, who was arrested in Mannheim, Germany, because of his historical revisionist activities, phoned his brother (7 october 1999) to advise that he is to go on trial in November 8, 10, 11, 15, 1999 for his "crime" and that he will also be recommending all the prisoners in remand. We will attempt to forward any other details as they come to hand. Thanking the many people around the world for their support for Dr Toben, Geoff. Muirden, Acting Director, Adelaide Institute
Dr Töben has been arrested whilst in private discussion
with Judge Klein!
Dr Fredrick Töben, Director of Adelaide Institute Website
and editor of Adelaide Institute Newsletter, was arrested in
Mannheim, Germany, on April 9th, 1999, by two German officials, Hans
Heiko Klein, Public Prosecutor, and State Security Police
(Staatchutz) Superintendent Mohr, for "thought crimes".
He is now in Mannheim Prison awaiting sentence, as of April 9th, 1999
We feel that this arrest was a case of entrapment, in that Dr
Töben had a private talk with Herr Klein, in which he raised
some issues concerning the Holocaust, on April 8th, 1999. He was then
invited to return for further discussion next day, at which time he
met not only Klein, but also Herr Mohr, who did not initially
identify himself as belonging to the political police.
During the course of conversation, Klein was asked if he believed in the Holocaust, which he immediately agreed to. Fredrick Töben was asked if he also agreed with the Holocaust story, to which he responded: "that's what you say". This degree of implied scepticism was enough for Superintendent Mohr to call for Fredrick's immediate arrest on a charge of "defaming the memory of the dead". Apparently only full and hearty agreement is permissible in Germany.
Adelaide Institute wishes to emphasise that Fredrick Töben's
remarks were in the course of a private conversation with Messrs
Klein and Mohr. At no time did he make any public statements on the
Holocaust, hold rallies, make speeches or in any other way make any
public statements of disbelief in the Holocaust inside Germany
outside his encounter with these two men. This ""thought crime" was
held to be sufficient to arrest him.
PRESERVE INTERNET FREE SPEECH
The historical content of Adelaide Institute Website will no doubt
be produced at a trial, and it is our understanding that Herr Klein
has already downloaded extensive material from Adelaide Institute
Website, but this is an illegitimate action on the part of the German
State and legal system, in that the Internet is in the international
public domain, and is outside German jurisdiction. Any such material,
in a fair trial, should be declared null and void and irrelevant.
The Internet has international coverage, crossing international
"borders". By what right does Germany impose its censorship on it?
Germans are not obliged to view revisionist material if they disagree
with it or are offended by it, whereas they ARE obliged to accept the
orthodox view of the Holocaust imposed on them by German
Dr Töben is an Australian citizen, operating a Website that
is legal in Australia and he has actually supplied copies of the
content of the Website to federal police in Australia who confirm
that it does not break Australian law. The German State is once again
outside its jurisdiction in seeking to give itself the status of
international law and acting as "censors" of material that is legal
within the country of origin. Consequently, this is a violation of
the rights of an Australian citizen, and the Australian Foreign
Minister, Mr Downer, the Australian Government and Opposition are
being approached to assert Dr Töben's rights as an Australian
citizen which are being violated by the German State for thought
Dr Töben is a political prisoner, who has been unjustly and
illegitimately arrested inside Germany on the basis of a private
conversation and on the content of a Website which operates in
another country and does not contravene Australian law. The actions
of the German State are thus illegitimate.
A Lawyer has been hired to defend Dr Töben and updates will
be issued as more information comes to hand about Dr Töben.
Messages of support have been received all over the world for Dr
Töben's struggle to maintain historical truth and free
discussion. EFA (Electronic Frontiers Association) has told us that
they will support Dr Töben on the issue of free speech on the
Any persons viewing this are invited to write, e mail or fax
German Embassies and Consulates and Australian Embassies and
Consulates with a call for Dr Töben's immediate release from
Mannheim Prison, and Adelaide Institute wishes to thank all people
that have indicated their support for the struggle for historical
MARTYR FOR TRUTH
Dr Töben has joined the list of martyrs for historical truth
and his suffering will not be in vain. The struggle for historical
truth will continue, just as he would wish.
As we begin to enter the 21st Century the struggle for truth will survive, and will last as long as the spirit of man survives. God is with us in this struggle. "Where the Spirit of the Lord is, there is Liberty." Website visitors, please join us in this fight.
Geoff Muirden, Assistant Director, Adelaide Institute
Posted by David Irving Friday, April 9, 1999:
Fresh German Outrage:
Arrested in Mannheim
ADELAIDE THURSDAY APR 8 -- It was announced from Adelaide today that Dr Fredrick Toben, Director of Adelaide Institute, the Australian revisionist Website, was arrested and incarcerated in Mannheim Prison today Thursday, 8th April, 1999 on a charge of "defaming the memory of the dead", the law introduced by Germany for the suppression of Free Speech. He had just met with Mannheim chief prosecutor Hans-Heiko Klein and criminal investigation bureau chief Mohr.
It is understood that before leaving Australia he told friends,
"The cause needs another martyr," so he may have been aware that he
was delivering himself into the Lion's Den.
He is to be sentenced today Friday, 9th April, 1999. Geoffrey Muirden, assistant director of the Institute, requests all Website visitors to protest to their local German consulates and embassies by phone, e-mail and letter, and demand the release of this Australian researcher.
In a statement issued on April 9 Mr Muirden said:
"Adelaide Institute regards this this as a case of entrapment. He was thrown into jail after a private conversation with Public Prosecutor Klein. After being invited to return for a further conversation, he was arrested by State Security Police Superintendant Mohr. This is a violation of free speech on the Internet and an assault on his rights as an Australian citizen."
Toben's assistant director Geoffrey Muirden emphasizes that:
* the arrest ensued as a result of entrapment by Klein and Mohr who invited Fred Toben to give his views in a private conversation. (Toben did not hold rallies, give speeches or utter any public comments on the Holocaust openly in Germany);
* though the revisionist content of Adelaide Institute is likely to be mentioned in the trial, the Internet is part of the public domain, not subject to German law;
* Fred is an Australian citizen visiting Germany; and
* while his Website is legal in Australia, an attempt is being made to prosecute him for it in Germany, outside Australian jurisdiction.
AFTER the US citizens Hans Schmidt and Fred Leuchter , and Fred
Toben , we wonder who next will fall victim to Germany's
extraordinary laws for the suppression of Free Speech. We have put
together a list of German diplomatic missions in the USA for our
American friends to use. Chancellor Gerhard Schroeder's phone number
is +0049 228 562 001.
TRANSCRIPT OF TELEPHONE CONVERSATION FRIDAY, APRIL 9, 1999
This is a message for David
Irving. It is Rebecca Barrett of ABC Radio in Sydney, Australia. It
is Friday night about 8 o'clock our time. I'll be here for about four
hours or so...
DAVID IRVING: This is David Irving.
Let me just turn off the answering machine. -- Right. You're phoning
about Fredrick Toben, I suppose. I am indeed.
ABC: It's been interesting because our Australian officials here just can't tell us anything and they're saying that they're in contract with German authorities but they've just drawn a blank, I was wondering if ... a wire copy here about the fact that you've given a few details ...
IRVING: I've phoned the press agency here. I am outraged by it. I think that the German authorities have gone berserk. Uh, I don't know exactly what Toben was doing in Germany and I don't know exactly where he was when he was arrested: I don't know whether he was arrested because, uh in general because of the contents of his Website which can be accessed by Germans -- I suspect that that is the reason -- because the German Government has been trying for over a year now I think to find some ways of censoring the Internet, which will not make them popular with the global community...
ABC: Right. Uh, had he been on a speaking tour at all in Germany do you know?
IRVING: That I don't know. If he, if he was, uh, I would have urgently cautioned him not to. That is a minefield in Germany and they will arrest you at the drop of a hat. And it is the same in Austria and this is the reason why I won't go to Germany, for the next few years, until they revive their sense of freedom of speech; but Germany hasn't got a very good record on freedom of speech this century. Perhaps in the next millennium they'll do better.
ABC: Right... Mr Irving, are you happy for me to do an interview with you, just about -- I mean, you've said you don't know many of the details surrounding it, but are obviously outraged at what's happening, even if it has about what's going out on the Website... what it means for freedom of speech.
IRVING: Go ahead whenever you want.
ABC: Look I'll just put us straight through to a tape now. I won't be a second. Okay, I'll just try a ...
ABC: David Irving, what do you know of Fredrick Toben's arrest in Germany?
IRVING: I was contacted by my friends in Australia yesterday with this astonishing news that Dr Fredrick Toben had been arrested in Mannheim by the public prosecutor Hans-Heiko Klein. And I think that this man Klein has gone berserk, he's a lunatic; he's a German, and the Germans this century have not had a very good record of freedom of speech. They may do a bit better in the coming Millennium, but so far they give me sufficient reason not to (chuckles) want to go to Germany for the next few years and I'm just very surprised that Fredrick Toben didn't realise the dangers that he was exposing himself to.
ABC: Do you know any of the circumstances surrounding his arrest?
IRVING: Uh, Fredrick Toben is the promoter or "Webmaster" of a website in Adelaide called the Adelaide Institute, and on that he publishes historical materials of the kind to which the German Government takes official umbrage. They don't like it, and for two or three years the German Government have been frantically trying to censor the Internet; and Toben is also, I think, the subject of an Australian Human Rights commission by Jeremy Jones who is an Australian Jewish community leader, and all these things are almost certainly interlinked in some way -- they are trying to have at him now that he's in Germany where he's exposed to this danger, and I am deeply concerned for him because I think he will now vanish into a German prison for many weeks, if not months, before he even comes to trial.
ABC: Do you know specifically what he was doing in Germany?
IRVING: No. I don't know whether he was visiting, or lecturing, -- if he was lecturing I think he would have been very foolish, because the Germans don't allow free speech any more.
ABC: But you believe that the Germans are aware of the Website that he has put together here in Australia?
IRVING: Yes indeed. That is quite certain. The German specifically refer to that Website and to a number of other historical Websites as being the reason why censorship of the Internet is urgently needed.
ABC: What does that say to you about freedom of speech?
IRVING: Well, I think that freedom of speech is gradually easing in Australia, and I know that the Australian people is very alert to this danger. The Internet is a medium which has so far not come under control except in a few countries like China, and I personally hope that the Internet will be kept a free medium for as long as possible. I've got my own Website, and I know that I have a colossal following on that Website.
ABC: Would you have warned Fredrick Toben against going to Germany, knowing the controversy surrounding his Website?
IRVING: I would have advised him to have kept a very low profile in Germany, I've heard rumours that he was actually arrested in the Chief Prosecutor's office, and I wonder what on earth he was doing in the lion's den. But he's like very many Australians, -- he's a very innocent man, and a very naive man, (laughs), I mean no offence, but it would not have occurred to him that you can be arrested in a country just for what you think. But in Germany, as I say, they haven't had a very good record on freedom of speech - or freedom of thought -- for most of this century.
ABC: There are reports that he had actually arranged to speak to this prosecutor!
IRVING: Yes, indeed, and that's what really puzzles me. So he may have been lured into the lion's den specifically for the purpose of arresting him as the Webmaster of this Australian Website.
ABC: What are your views for him now. What is it likely he could be charged with, and what would happen to him.
IRVING: He will be charged under the unique German law which makes it a criminal offence to "defame the memory of the dead." This is the offence that I was charged with in 1991. It is a law that exists nowhere else on earth but it's sufficient to give you a "criminal record" and (chuckles) well, I suppose they can't bar him from Australia now, as an Australian citizen, it was enough to get me barred by Philipp Ruddock and by your own Prime Minister John Howard, from visiting Australia. If you speak the truth in Germany, truth is no defence as far as World War II is concerned.
ABC: Are you worried now that he could in fact spend months perhaps in jail in Germany?
IRVING: Yes. In Germany they will hold him in what's called Untersuchungshaft which is investigative custody while they make up their mind whether to prosecute him or not. It's happened to several associates and friends of mine. It's a way of punishing them without any kind of redress. They will just be held locked up in a jail, under very unpleasant circumstances, with common criminals, although he's of course a "thought-criminal", he's being held under these Orwellian laws that the German Government alone has introduced.
ABC: Would you say, would you go so far as to say that he was in fact a bit foolish, trying to outline his research into the Holocaust to this German Government prosecutor - I mean, surely he should have realised he wouldn't have been going to get a sympathetic ear?
IRVING: I have to say that I regard it as naive and foolish in the extreme. But that's one of the endearing charms of the Australian people. They are nice simple, innocent people who don't believe that up here in the Northern hemisphere the laws are different.
ABC: David Irving, thank you very much for your time.
IRVING: Thank you, ABC Radio. Good-bye.