Pelinka Case

[Christian Kjaer Nelson]

Hi Folks:

I think you will find the following worthy of your attention and action.
Please consider forwarding this to others you know, particularly those with
access to media, so they can be alerted to this situation and watch for
notification of a possible protest of this situation.

Christian Nelson
********************************
Austrian Scholar Convicted for Telling the Truth About Haider

A "Threat to the Freedom of Expression"


Vienna, 23 May 2000.  The International Helsinki Federation for Human Rights
(IHF) is deeply concerned by the conviction of Professor Anton Pelinka, a
leading political scientist, who has been found guilty by the Viennese
Criminal Court (Straflandesgericht) for having "defamed" the character of
former Freedom Party leader Jörg Haider.  Pelinka has been fined in the
amount of 60,000 Austrian schillings ($4,500) in a suit that was originally
brought by Haider's lawyer Dieter Böhmdorfer, who has since become Austrian
Minister of Justice in the coalition government.

The basis for the conviction is Professor Pelinka's statement to Italian
television station RAI on 1 May 1999, in which he said:

"In his career, Haider has repeatedly made statements which amount to
trivializing National Socialism.  Once he described death camps as penal
camps.  On the whole, Haider is responsible for making certain National
Socialist positions and certain National Socialist remarks more politically
acceptable."

The IHF considers the conviction a miscarriage of justice with serious
implications for the freedom of expression in Austria, all the more so
considering the role played in the case by the person who is now Austria's
Minister of Justice.

"Everything Professor Pelinka said was consistent with normal public
discussion about political figures in a democracy.  If one can be convicted
of libel for such a statement, we must wonder if there is freedom of
expression in this country," stated Aaron Rhodes, Executive director of the
IHF.

"The Court is in effect helping Haider's political program, intimidating any
citizen who tries to expose his views for what they are.  The ruling is
completely out of synch with case law of the European Court of Human Rights,
which has repeatedly ruled that politicians and public figures do not enjoy
the same protection against criticism as private individuals."

Rhodes said the IHF would support Professor Pelinka in his appeals,
including an appeal to the European Court if necessary.

For more information:

Dr. Aaron Rhodes, IHF Executive Director,  43-1-408-8822; 43-676-635-6612
(mob)
Brigitte Dufour, IHF Legal Counsel, 43-1-408-8822;
Mag. Petra Winter, IHF Associate Legal Counsel, 43-1-408-8822

Dr. Christian K. Nelson
Department of Communication
University of Massachusetts-Amherst
Amherst, MA 01003
413/545-6345 (phone)
413/545-6399 (fax)
cnelson at comm.umass.edu