Günter Deckert
Encyclopedia
Günter Deckert is a far-right German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 political activist. He was the leader of the far right National Democratic Party of Germany
National Democratic Party of Germany
The National Democratic Party of Germany – The People's Union , is a far right German nationalist party. It was founded in 1964 a successor to the German Reich Party . Party statements self-identify as Germany's "only significant patriotic force"...

 (NPD). He has served five years in prison in Germany for various offences, including Holocaust denial
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...

 and incitement to racial hatred. He translated the Leuchter report
Leuchter report
The Leuchter report is a pseudoscientific document authored by American execution technician Fred A. Leuchter. For the defense in the trial of Holocaust denier Ernst Zündel, Leuchter compiled the report in 1988 with the intention of investigating the feasibility of mass homicidal gassings at Nazi...

, an amateur investigation from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 which attempted to cast doubt on the feasibility of mass extermination via the gas chambers in the Holocaust.

Biography

Deckert was a high school teacher, but was fired from that job in 1988 after being repeatedly sanctioned for his political activism. He was also a city councilman in Weinheim
Weinheim
Weinheim is a town in the north west of the state of Baden-Württemberg in Germany with 43 000 inhabitants, approximately 15 km north of Heidelberg and 10 km northeast of Mannheim. Together with these cities, it makes up the Rhine-Neckar triangle...

 and started a travel agency named Germania. He rose to fame when he became the chairman of the NPD.

In November 1991, Deckert participated in a meeting featuring Fred A. Leuchter
Fred A. Leuchter
Frederick A. Leuchter, Jr. is an American Federal Court qualified expert in execution technology and author of forensic Holocaust denial material. He claims to have improved the design of instruments for capital punishment and had execution equipment contracts with several states...

, for which he was later charged and convicted of inciting racial hatred. Deckert translated what Leuchter was saying for the benefit of the audience, and said at the meeting that the Holocaust was a myth perpetrated by "a parasitical people who were using a historical lie to muzzle […] Germany". In 1992 he was sentenced to one year in prison. Deckert appealed the verdict of his conviction, and in March 1994 the Mannheim State Court ordered a retrial, on the grounds that the lower court had failed to ascertain all of the necessary facts.

At the retrial in the summer of 1994, one of the three panel judges, Judge Wolfgang Mueller, described him as an "intelligent man of character for whom the claim was a matter of the heart" and another, Judge Ranier Orlet, who had presided over the case and whose prior reputation for "revision-proof" opinions had made him seem ideal for the case, declared that Deckert had "expressed legitimate interests" when he had questioned the political and financial demands continuing to be made by Jews
Jews
The Jews , also known as the Jewish people, are a nation and ethnoreligious group originating in the Israelites or Hebrews of the Ancient Near East. The Jewish ethnicity, nationality, and religion are strongly interrelated, as Judaism is the traditional faith of the Jewish nation...

 upon Germany almost fifty years after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, "while the mass murders of other nations remain unatoned". Orlet, in a sixty-six page opinion, found that Deckert was "no anti-Semite" who "left a good impression upon the court" as a "responsible personality of good character", and who merely considered it "desirable that research constantly rechecked even historical theses that are considered valid". The panel of three judges still found Deckert guilty, and sentenced him again to one year in prison, but this time as a suspended sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...

, in the expectation (in the judges' opinion) that he would "avoid punishable involvements" in future, albeit that "changes in his political views … were not to be expected".

These statements caused a public outcry: spokespeople for the Jewish community crying foul, the prosecutor decrying Orlet's opinions as "instructions" for denying the Holocaust, the German justice minister calling it "a slap in the face of all Holocaust victims", and the Association of German Judges calling it "a slip of the footing". As a consequence, the two judges were suspended (although they were reinstated a few months later), and Deckert was ordered to a second retrial. At his third trial, in April 1995, Deckert was sentenced to two years in prison without probation, for Gefährliche Politische Brandstifung ("dangerous political incendiarism"), by Judge Wollentine in Karlsruhe
Karlsruhe
The City of Karlsruhe is a city in the southwest of Germany, in the state of Baden-Württemberg, located near the French-German border.Karlsruhe was founded in 1715 as Karlsruhe Palace, when Germany was a series of principalities and city states...

.

Whilst in prison, Deckert wrote a letter to the then-chairman of the Central Council of Jews
Zentralrat der Juden in Deutschland
The Zentralrat der Juden in Deutschland is a federation of German Jews organizing many Jewish organisations in Germany. It was founded on July 19, 1950, as a response to the increasing isolation of German Jews by the international Jewish community and increasing interest in Jewish affairs by the ...

, Michel Friedman
Michel Friedman
Michel Friedman is a German lawyer, former CDU politician and talk show host. From 2000 to 2003 Friedman was vice president of the Central Council of Jews in Germany, and president of the European Jewish Congress from 2001 to 2003. From 1998 to 2003 he had his own show on German television...

, strongly urging him, as a Jew, to leave Germany. This letter was published in the NPD newspaper. Deckert was charged with incendiarism a second time, and at trial in Mannheim in 1997 he was found guilty and sentenced to an additional two years and three months in prison. During the trial, Decker's lawyer, Ludwig Boch, based the defence upon the assertion that the Holocaust was a "legend" invented by the Jews. The defence claimed that German politicians legitimized their "unique political incompetence" through the "uniqueness of German guilt", and called both Helmut Kohl
Helmut Kohl
Helmut Josef Michael Kohl is a German conservative politician and statesman. He was Chancellor of Germany from 1982 to 1998 and the chairman of the Christian Democratic Union from 1973 to 1998...

 and Roman Herzog
Roman Herzog
Roman Herzog is a German politician as a member of the Christian Democratic Union, and served as President of Germany from 1994 to 1999...

 to the stand. Boch was later, in 1999, himself fined Dm9,000 for these assertions, which were determined to be Volksverhetzung
Volksverhetzung
Volksverhetzung is a concept in German criminal law that bans the incitement of hatred against a segment of the population. It often applies in, though it is not limited to, trials relating to Holocaust denial in Germany...

(sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...

).

In 2001 Deckert spoke at a meeting of the British National Party
British National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...

 in London.

Footnotes

Aside from the views which various people found morally repugnant, Orlet's opinion is considered to actually be an able one. Orlet himself initially defended it, stating that when it was "considered objectively, it follows that it is in order as it stands". However, the news media subjected Orlet to a continual barrage of vilification and ridicule. Representatives in the Baden-Württemberg parliament called for his impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

, albeit that the state constitution did not actually allow for Orlet's behaviour to be considered an impeachable offence. The view of most observers was an affirmation of the principle of the independence of the judiciary, set down in the German constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...

: that an otherwise able judge could not be impeached, especially in response to political pressure from the legislature, for injudicious remarks (the chief justice above Orlet having called them "unfortunate formulations that might be misunderstood") in the course of an otherwise competent judicial work product
Work product
Work product is something created by an employee that is considered to become the property of the employer -- for instance, a design, patentable process, recipe, etc. -- given certain conditions. It becomes trickier when the employment relationship is one of contractor-client...

. The full Mannheim State Court issued a press release, disassociating itself from any antisemitic views that people may have inferred from Orlet's opinion, but at the same time "deplor[ing] all attacks on the principle of judicial independence". Orlet later distanced himself from the verdict and retired.

Interviews


Further reading

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