Facts
Professor Walther Hofer published an article in the "Neue Zürcher Zeitung" in 1983, in which he accused Wilhelm Frick, a deceased lawyer, of having been a "Vertrauensanwalt einer Gestapoabteilung" and a "Gestapovertrauter". The heirs of Wilhelm Frick brought a defamation action against Walther Hofer. The Zurich district court acquitted Walther Hofer in 1985, but the cantonal court overturned this judgment in 1986 and convicted Walther Hofer of defamation. Walther Hofer requested a revision of the trial in 1997, but his request was rejected by the cantonal court and the federal court.
The key facts of the case are as follows
- Walther Hofer published an article in the "Neue Zürcher Zeitung" in 1983, in which he accused Wilhelm Frick of having been a "Vertrauensanwalt einer Gestapoabteilung" and a "Gestapovertrauter".
- The heirs of Wilhelm Frick brought a defamation action against Walther Hofer.
- The Zurich district court acquitted Walther Hofer in 1985.
- The cantonal court overturned this judgment in 1986 and convicted Walther Hofer of defamation.
- Walther Hofer requested a revision of the trial in 1997, but his request was rejected by the cantonal court and the federal court.
Considerations
The federal court rejected Walther Hofer's request for revision, as he did not present new and serious facts that could have justified the revision of the trial. The court considered that Walther Hofer's allegations against Wilhelm Frick were defamatory and that he had not proven their truth.
The court also considered that the cantonal court's decision to convict Walther Hofer of defamation was justified, as he had accused Wilhelm Frick without sufficient evidence. The court emphasized that freedom of expression does not allow for defamation without evidence.
The…