Facts
The appellant [X.] was convicted by the High Court of the Canton of Zurich for multiple acts of racial discrimination within the meaning of Art. 261bis para. 4 SCC. He had denied the Holocaust in general and the mass extermination of the Jews by gas chambers in particular. These statements were made, on the one hand, at a public appeal hearing in the context of defamation proceedings against a journalist and, on the other hand, in leaflets that he had distributed at the University of Zurich. The Federal Court dismissed the nullity appeal filed by the appellant, as the requirements for criminal liability under Art. 261bis para. 4 SCC were met and the conviction did not violate the freedom of expression.Considerations
The Federal Court states that the Holocaust and the systematic extermination of the Jews by gas chambers in extermination camps are historically proven and generally accepted facts. The appellant had knowledge of these facts but nevertheless denied and trivialized them. This fulfils the elements of racial discrimination under Art. 261bis para. 4 SCC, as the statements were made for racist or anti-Semitic motives.
The Federal Court affirms the public nature of the statements both at the appeal hearing and in the leaflets. Media representatives were present at the court hearing, who reported on it, thereby allowing a wide public to become aware of the statements. Furthermore, the leaflets…