Statement from Ernst Zundel's Lawyers
- Statement from Ernst Zundel's Lawyers
This statement concerns the pending deportation of 65 year old Ernst
Zundel, who lived in Canada from 1958 to 2000, who has no criminal
record in Canada and who faces no criminal charges in Canada.
Mr. Zundel has been in solitary confinement for 2 years and is about
to be deported after a largely secret proceeding against him. The
Crown and the presiding judge met secretly throughout his case, in
the absence of Mr. Zundel and his lawyers. The Crown repeatedly
presented evidence and made arguments to the judge in a Star Chamber
At the public proceeding, Mr. Zundel was told literally hundreds of
times, when he asked for specific evidence of the case against him,
that there was "nothing in the unclassified materials" . He was
repeatedly blocked from asking questions of witnesses on the basis
of "national security".
The presiding judge made repeated serious errors, forgot submissions
and repeatedly misstated the appropriate legal test about what
evidence should be kept secret. The same judge then evaluated the
Mr. Zundel complained of reasonable apprehension of bias by that
judge. The same judge rejected Mr. Zundel's argument and later
ordered him deported.
The Federal Court of Appeal rejected his appeal regarding bias. It
appears that the Crown will not wait to see whether the Supreme
Court of Canada will hear the further appeal Mr. Zundel has already
filed on the bias issue. The Crown will deport him NOW.
The Supreme Court of Canada has been asked, in Mr. Adil Charkaoui's
case, to consider the constitutionality of the law which allows
secret evidence by which Mr. Zundel is deported. The Crown will not
wait until the Supreme Court decides whether to hear that appeal. If
the law is ultimately ruled to be unconstitutional, Mr. Zundel will
likely hear about it from a German jail cell.
Probably no one cares because Mr. Ernst Zundel is notorious and
reviled. The powerful and the popular do not need to rely on the
fairness of our legal system. The marginalized and the reviled do.
Our system has failed Mr. Zundel. We should care. But we fear most
of us don't give a damn.
Mr. Zundel will not initiate any further court proceedings in
Canada. His repeated request that Canadian courts recognize his
rights to basic fairness and justice have been unanswered. He will
not beg for those rights.
Mr. Zundel has gone through the entire security certificate process,
unfair though it was, to a conclusion. He has no right to appeal or
to judicial review. He has gone to every available level of court in
For 42 years, he has vigorously defended his freedom of _expression
within the Canadian justice system. All legal avenues have now been
exhausted, as has his faith in the Canadian justice system and this
security certificate system, which has been characterized by a
Canadian journalist, after witnessing part of Mr. Zundel's
proceeding, as a "frightening charade of justice".
Counsel for Ernst Zundel
[nothing like making a martyr out of him. This will backfire.]
March 1, 2005
After being illegally kidnapped from the US to Canada, spending 2
years in solitary confinement, and given a kangaroo closed trial,
Ernst Zundel was taken in a special, chartered plane to Germany a
few days ago. There, he will be arrested for "Holocaust Denial"
allegedly found on the Zundelsite.org - and taken to the Mannheim
The story of Zundel
Through the pressure of the Canadian Jewish Congress he was tried in
secret court in Canada by a Judge and not even his attorney was
allowed to see all the evidence against him. The judge in the case
is a man who sought to prosecute him years ago for his opinions. In
fact, as amazing as it may sound, the very judge of his current case
was in years past the same agent of the Crown who, testimony has
shown, permitted a terrorist bomb to be delivered through the
Canadian mails to his home! It appears that anything is permissible
when one dares to challenge Jewish sensibilities.
Now this elderly gentleman faces deportation to Germany where he
likely faces a long prison sentence, which for a man of his age
could well be a life sentence.
What was the offense of this man you ask? Was he a drug dealer, war
criminal, a murderer, gangster, rapist, or terrorist?
No, he was none of that. It is admitted by the press which always
opposed him that he was never violent, never criminal. He was never
in his whole life convicted of the slightest crime. He is in fact a
kind-hearted pacifist who has repeatedly opposed all war and all
violence. He is an artist who made his living for decades by his
beautiful paintings and illustrations. Far from being violent or
dangerous, it was he who often was the victim of violence. He was
been attacked by howling mobs. His home was firebombed. The Canadian
government tried to put him in prison.
What was his crime you ask? Why would he be attacked and his home
firebombed? Why did the Canadian government try to imprison him? All
of this was simply due to the fact that he wrote and published
politically incorrect views of the Holocaust.
Did he praise the Holocaust you might ask? No. Did he advocate it?
No. Did he deny that any atrocities were committed against Jews? No.
He simply dared to challenge in a considered and reasonable way some
of the underlying assumptions of what Dr. Norman Finklestein calls
the Holocaust Industry. He was tried for the Orwellian crime
of "falsifying history."
He simply dared to publish articles and books that differed from the
politically correct view of the Holocaust. He argued using extensive
evidence, documents and reason that some of the assumptions about
the Holocaust were incorrect. He argued for instance that although
many Jews died from the effects of their incarceration and
mistreatment, there wasn't an actual German master plan or policy to
kill all the Jews of Europe. He honestly believed that the so-called
Holocaust as presented was an extension of war propaganda that had
the intention of helping to secure support for the establishment of
the Zionist state.
The story of great crimes against Jews was the buffer which allowed
the subsequent crimes of ethnic cleansing against the Palestinian
inhabitants of what is now Israel. If you read his material, it is
rational, thoughtful and not the least bit hateful. And he has
suffered tremendously for simply voicing his opinion. He exercised
something that Bush and Blair and all people like to call free
speech, freedom of thought, and freedom of conscience.
Eventually he was vindicated by the high court of Canada which ruled
that the law by which they prosecuted him violated freedom of
speech. But, the authorities, driven by the Canadian Jewish
Congress, were not finished with his persecution. By hook or crook
they were determined to silence him and put this man into prison.
Who is the man who has endured this unrelenting prosecution for his
free speech? His name is Ernst Zundel.
In the twilight years of his life he settled down to a married life
in the United States with the eloquent American writer and
playwright, Ingrid Rimland. They lived on a small farm in the
Then, two years ago all hell broke lose. Married to and living with
an American citizen, he had every right to live in the United
States, but there was a scheduling error by the government and the
authorities claimed Ernst missed a routine appointment with the INS.
On that flimsy argument, in a matter of days, with no appeal, an
armored swat team descended on their quiet property and whisked
Ingrid's husband into solitary confinement. He was locked in
conditions reserved for the worst of criminals. With hardly any
options for appeal he was finally separated from his American wife
and deported back to Canada where he had previously lived and worked
for more than three decades.
There he was also held in solitary confinement and charged
with "being a danger to the security of Canada." Was any evidence
supporting this charge presented to the Canadian court? Under
Canadian Law you can be deemed guilty of being a danger to Canadian
security without even seeing the evidence against you. He has been
in terrible conditions of imprisonment for over two years now.
Not being allowed to even see the evidence against you is against
every precept of law in every civilized nation of the world. All
that made no difference to Jewish supremacists, this thought
criminal had to be punished. He couldn't be shown to have broken any
Canadian law, so it was decided that he would be deported to Germany
where under the draconian laws there he could be jailed for years
for simply challenging any of the often-changing politically correct
versions of the Holocaust.
German courts have already ruled that in regard to the
Holocaust "truth is no defense" and that even if you show that what
you said is absolutely true, if it challenges the official Jewish
version, you have committed a serious crime. You have "defamed the
Jewish people." Even if you can prove what you say is accurate, you
are guilty of "reviling" the Jewish people and therefore face
I realize that probably many of you reading this cannot believe that
this is the state of affairs in some European countries, and Canada.
After all, this gross violation of the most fundamental principles
of freedom of thought, speech and press is never discussed on the
NBC, CBS, ABC, CNN or Fox News Network. There is no protest of this
gross injustice. No civil libertarians make an issue out of it. Most
Europeans and Americans don't have the slightest knowledge of the
horrible injustice that has occurred on American soil and
subsequently in Canada.
It makes no matter that books such as Goldhagen's Hitler's Willing
Executioners argues that Germans are inherently purveyors of murder
and evil. That won't land you in jail in Germany; it will land you
on the bestseller list and rave reviews from the philo-Semitic
press. Unlike Goldhagen, poor Ernst never said that Jews were
inherently evil; he simply dared to question the orthodoxy of
the Holocaust story, a story that is not allowed in any part to be
examined, questioned, debated, or critically thought about, even 60
years after the event. Even though there are many common assumptions
about the Holocaust that are now refuted by Jewish Holocaust
For instance, there are still thousands of references every year in
articles about the Holocaust that refer to Nazis as having
diabolically made soap from Jews. Yet, even the head of the Yad
Vashem Holocaust Museum and Center admits that such never
Jewish scholar Norman Finklestein whose own parents suffered in Nazi
concentration camps says that it is only his Jewishness that has
prevented his own prosecution for challenging the huge amount of
fraud in connection with what he calls the "Holocaust Industry." He
has written a book of the same title...
The fact that Ernst Zundel has not backed down, recanted, or caved
in the face of such horrendous treatment is a testament to the fact
that whether you agree with him or not, Ernst Zundel is man who
should be lauded for his intellectual and physical courage.
The fact that instead of being praised for his courage, he is
imprisoned at this moment, is testimony to the truth and the power
of his assertions, for if Zundel is so easily proven wrong, why the
need to stifle and punish him. What kind of truth needs to use
prison and compulsion to protect it? What kind of truth cannot
afford inspection or criticism?
His imprisonment is actually our own freedom in shackles. It is not
just Ernst Zundel who sits in that tiny cell of desolation. It is
all of us who love life and freedom. It is the spirit of our people
that suffocates on the altar of Jewish supremacism.
Professor F. Littell has said: "You can't discuss the truth of the
holocaust. That is a distortion of the concept of free speech. The
United States should emulate West Germany, which outlaws such
exercises." --Mind-boggling! Don't you think?
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