SCHIMANEK v. AUSTRIA

Application Number 32307/96 European Court of Human Rights The applicant was sentenced to imprisonment of no less than eight years for carrying out activities contrary to the National Socialism Prohibition Act. The Court relied on Article 17, finding the application manifestly ill-founded. Link: https://hudoc.echr.coe.int/fre#{“fulltext”:[“Schimanek”],”itemid”:[“001-24075”]} Theme(s): Totalitarianism Date: 1 February 2000 Description of applicant(s): Citizen Brief […]

E.S v AUSTRIA

Application Number 23131/03 European Court of Human Rights During two seminars, the applicant, a public speaker, made comments regarding the Prophet Muhammad, including that he was a pedophile. She was convicted of disparaging religious doctrines and ordered to pay a fine. The ECtHR found no violation of Article 10. Link: https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-187188%22]} Theme(s): Religious Hatred Date: […]

NACHTMANN v. AUSTRIA

Application Number 36773/97 European Commission of Human Rights The applicant argued that his freedom of expression had been violated after he was sentenced to imprisonment and a fine for statements made in a periodical on which he was head of the editorial staff. The statements minimized and denied the atrocities of the Nazis. The EComHR […]

HONSIK v. AUSTRIA

Application Number 25062/94 European Commission of Human Rights The applicant wrote articles in a periodical which denied the existence of gas chambers and the mass extermination of the victims of the Holocaust. The EComHR found that this was not protected speech, rendering the application manifestly ill-founded. Link: https://hudoc.echr.coe.int/eng#{%22dmdocnumber%22:[%22666524%22],%22itemid%22:[%22001-2362%22]} Theme(s): Genocide Denial (Holocaust) Date: 18 October […]

B.H., M.W., H.P. and G.K. v. AUSTRIA

B.H., M.W., H.P. and G.K. v. AUSTRIA Application Number 12774/87 European Commission of Human Rights The applicants belonged to the Neo-Nazi party ‘Aktion Neue Rechte.’ They were convicted under the National Prohibition Act and given conditional prison sentences. The EComHR explained that given the history of Austria and the convention, this was legitimate under Article […]