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Gerald Fredrick Töben

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Gerald Fredrick Töben
Toeben.jpg
Töben standing in front of the Birkenau entrance
Born Gerald Fredrick Töben
(1944-06-02) June 2, 1944 (age 73)
Jaderberg, Germany
Website www.toben.biz

Gerald Fredrick Töben, more commonly known as Fredrick Töben, (born 2 June 1944) is a German-born Australian citizen who was director and founder of the Adelaide Institute, a Holocaust denial group in Australia.[1] He is the author of numerous works on education, political science, and history. He was arrested and imprisoned for nine months in Mannheim Prison in 1998 for breaching Germany's Holocaust Law (§ 130 public incitement) prohibiting anyone from defaming the dead.[2][3][4][5][6][7][8][9] Töben wrote of his work: "If you wish to begin to doubt the Holocaust-Shoah narrative, you must be prepared for personal sacrifice, must be prepared for marriage and family break-up, loss of career, and go to prison."[3] In the past he had denied that he said that the Holocaust was a "lie".[3]

He has been involved in a number of controversies and court actions and has served three jail sentences: in 1999, for seven months in Germany for breaching Germany's Holocaust Law, Section 130, that outlaws “Incitement to hatred“;[3] in 2008, for 50 days in the United Kingdom when he was transiting through Heathrow and Germany wanted him extradited under a European arrest warrant, which the court declared invalid; and in 2009, for three months in South Australia for contempt of court, for which he apologized to the court.

Early life and career

Töben was born in Jaderberg, Germany on 2 June 1944. In 1954, when he was ten years old, his family migrated with Töben to Australia. He studied at Melbourne University BA (1970), in Australia and Wellington University BA (1968), in New Zealand, later earning a D Phil (1977) from Stuttgart University, and a Grad Cert Ed (1978) from the University of Rhodesia.[10] He went on to teach at secondary level at Leongatha, Kings Park, St. Arnaud, and Goroke, and tertiary level at the Warrnambool Institute of Advanced Education (now a part of Deakin University), Victoria. During 1981–82 he lectured at the Advanced College of Education, Minna, Nigeria.[11]

From 1980 to 1985, Töben worked as a temporary employee for the Victorian Department of Education and Training until his dismissal for incompetence and disobedience on 4 January 1985.[12][13] He gained local,[14][15][16][17][18][19][20][21][22][23] state[24][25] and national[26][27][28] prominence with his dismissal. Instead of opting for unemployment he drove a school bus from 1985 to 1988 thus becoming “Australia’s most highly qualified school bus driver”.[29] Toben was heavily involved in Goroke’s Centenary of Education celebrations, selling the book he compiled for the occasion.[29][30][31]

Töben won his case against dismissal in the County Court and his appeal in the Supreme Court of Victoria, mitigating his own damages.[11]

Views on the Holocaust

Töben rejects what he calls the "official conspiracy theory" that Germans systematically exterminated European Jewry. Töben has stated that "the current U.S. government is influenced by world Zionist considerations to retain the survival of the European colonial, apartheid, Zionist, racist entity of Israel."[32]

Töben and the Racial Discrimination Act 1975 (Cth)

1994: Adelaide Institute

In 1994, Töben established the Adelaide Institute, which he directed until 2009. Töben and his associates at the Adelaide Institute have denied "being Holocaust deniers" in interviews conducted by Australian media, claiming they cannot deny that which never happened.[33]

2000: HREOC determination

On 10 October 2000, the Australian Human Rights and Equal Opportunity Commission (HREOC) found that Toben had engaged in unlawful conduct in contravention of s 18C of the Racial Discrimination Act 1975 (Cth) in publishing material that was racially vilificatory of Jewish people on the Adelaide Institute website. Toben was ordered to remove the contents of the Adelaide Institute website from the internet and not to re-publish the content of that website in public elsewhere. He was also ordered to make a statement of apology.[34]

2002: Federal Court orders

An application was made to the Federal Court of Australia to enforce the 2000 HREOC determinations. On 17 September 2002, the Federal Court (in Jones v Toben [2002] FCA 1150) noted that since the HREOC determination, considerable material of the same general character as that which was the subject of the complaint to HREOC had been published by Toben both online and in the form of newsletters.[35] The Court ordered Toben to remove from the Adelaide Institute and all other websites of the vilificatory material and any other material with substantially similar content or which conveyed any of a number of the imputations found to have been conveyed by that material. On appeal (in Toben v Jones (2003) 129 FCR 515), the Court affirmed the application of the Racial Discrimination Act 1975 against the statements on Toben's website.[36][37][38]

2009: Contempt of Court

In 2009, Jeremy Jones, the then President of the Executive Council of Australian Jewry, brought a contempt of court action against Töben arising from Federal Court orders of 2002 requiring Töben to remove material from his Adelaide Institute website that vilifies Jewish people, and to refrain from publishing further similar material. Töben was found guilty of 24 charges of contempt of court. Though Töben unreservedly apologised for his breaches of court orders and said he would not withdraw his apology as he had in the past,[39] he was sentenced to 3 months in prison.

He appealed against the sentence, but on 13 August 2009 the Full Court of the Federal Court rejected his appeal, and he started his 3-month jail sentence, one week in maximum security-punishment block – first at Yatala Labour Prison, and later at Cadell Training Centre, a low security prison farm.[40] He was released on 12 November 2009.

2012: Action for costs and bankruptcy

In 2012, Jones sought his court costs of more than $175,000 from Töben arising from the 2002 and 2009 cases. Töben pleaded that he had no money, and the Federal Magistrates Court declared Töben bankrupt and his passport was confiscated.[41]

2013: Defamation action

In 2013, Toben commenced a defamation action against Nationwide News (Toben v Nationwide News Pty Ltd [2016] NSWCA 296) alleging that an article published by them conveyed a number of defamatory imputations about him, including that he was a “Holocaust denier” and an anti-Semite. The newspaper claimed that Toben’s purpose in bringing the proceedings was not to vindicate his reputation but, rather, to use the proceedings to express his views as to the Holocaust. Toben admitted that as the purpose of the action, and the action was dismissed.

2014: Views on Racial Discrimination Act

In May 2014, Toben strongly backed the Abbott government's plans to water down Australia’s race hate laws, describing them as a welcome challenge to "Jewish supremacism" in Australia, and describing section 18C of the Racial Discrimination Act as a "flawed law, which only benefits Jewish-Zionist-Israeli interests".[42]

Other activities

Imprisonment

In 1998, Töben was arrested in Germany for breaching Germany's Holocaust Law, Section 130, that outlaws “Incitement to hatred“.[3] He was sentenced in April 1999 to 10 months in prison,[43] but had already served seven months during trial, and was released upon payment of a $5000 bond-Kaution.

Holocaust-denial conferences

Töben visited Iran in 2003 to give a speech denying the Holocaust. In 2005 in an interview with Iranian state television he indicated that it was his belief that "Israel is founded on the Holocaust lie."[44][45] In 2006 Töben took part in the International Conference to Review the Global Vision of the Holocaust, a Holocaust denial conference sponsored by the Iranian regime of Mahmoud Ahmadinejad.[46][6][41]

2008 extradition attempt

In 2008, the German federal authorities attempted unsuccessfully to extradite Töben from the United Kingdom under a European arrest warrant for allegedly publishing "antisemitic and/or revisionist" material on his website, which he writes from his home in Australia, and is a crime that does not exist in Britain. The European arrest warrant had three boxes ticked: racism, xenophobia and cybercrime, which did not fulfill British legal requirements and so the EAW was judged to be deficient.[47] On 1 October 2008, Töben was detained at Heathrow Airport while flying from the United States to Dubai.[6] In Westminster Magistrates' Court the next day, he objected to the terms of the warrant, claiming that he was protected by the terms of the Schengen agreement and said that his historical and political views had motivated the German authorities' decision to issue the warrant.

The arrest warrant was dismissed by Westminster Magistrates' Court on 29 October 2008, with the judge stating that the details it contained were "sparse". According to Ben Watson, Töben's barrister instructed by extradition solicitor Kevin Lowry-Mullins, the court was unable to decide whether the warrant was valid because it did not specify whether any part of the crime took part in the United Kingdom and there was not sufficient information about the nature of Töben's alleged crime.[48] The warrant spoke of "worldwide Internet publications" but for it to be valid, it would have been necessary for the German authorities to have shown that the offence not only took place in Germany but that it did not take place in the United Kingdom.[49] Töben was offered bail, pending an appeal by the German prosecuting authorities to the High Court. Strict conditions were set, including limitations on Töben's communication and travel and he was able to raise the £100,000 surety required – 3 individuals offered to post bail, but an Executive Order released him from prison.[50]

The German authorities later withdrew their appeal, after the Crown Prosecution Service advised them that in the light of further information they had provided about the location of the alleged offence, it would not have been possible to satisfy the courts that the offence was extraditable. This is because under common law it is not an offence to express an opinion, as is the case in countries where Holocaust denial is criminalised.[51] The German authorities later stated their intention to attempt to extradite Töben from other jurisdictions in the future.[52]

The case caused some controversy in the United Kingdom, with the Liberal Democrats' home affairs spokesman Chris Huhne expressing concerns that the extradition would amount to an infringement on the freedom of speech.[53] Also, British historian Geoffrey Alderman criticised Töben's arrest and the tendency "to enforce particular interpretations of history under the guise of combating racism and xenophobia". According to Alderman, "the task of the historian is to investigate, confront, challenge and, if necessary, correct society's collective memory. In this process, the state ought to have no role whatever, none at all. Certainly not in the UK, which delights in presenting itself as a bastion of academic freedom."[54]

See also

References

  1. ^ Towell, Noel (21 December 2013). "Holocaust denialists back calls for reform of Australia's race hate laws". Sydney Morning Herald. Retrieved 20 March 2015. 
  2. ^ "Holocaust denial: Tony Abbott, George Brandis unable to say how race-hate law changes would work". The Sydney Morning Herald. 
  3. ^ a b c d e Aislinn Simpson (1 October 2008). "'Holocaust denier' Gerald Toben arrested at Heathrow". Telegraph.co.uk. 
  4. ^ "MP backing for 'Holocaust denier'". BBC News online. 4 October 2008. 
  5. ^ "Man accused of Holocaust denial". BBC News online. 1 October 2008. 
  6. ^ a b c Brown, David (2 October 2006). "Historian held at Heathrow over Holocaust denial]". London: The Times. p. 17. 
  7. ^ Lane, Terry (22 September 2002). "Enough to make you gag, but..." The Age. Melbourne. 
  8. ^ Albrechtsen, Janet (20 April 2009). "The freedom to be offensive". The Australian. 
  9. ^ "Holocaust denier sentenced to three months". UPI. 14 May 2009. 
  10. ^ Ben-Moshe, Danny (2005). Holocaust denial in Australia. Analysis of current trends in antisemitism, Issue 25. The Hebrew University of Jerusalem, The Vidal Sassoon International Center for the Study of Antisemitism. p. 6. 
  11. ^ a b Toben, Gerald Frederick v State of Victoria & Allen, Graham, No. CCA 10 of 1989 (Supreme Court of Victoria, Appeal Division 1990).
  12. ^ "Education Director Speaks Out On Dismissal of Goroke Teacher", Wimmera Mail-Times Wednesday 27 March 1985 
  13. ^ "Sacked Teacher Speaks, Review wanted by sacked teacher", Wimmera Mail-Times Friday 29 March 1985 
  14. ^ "Sacked Teacher Was Marked Man; Teacher Defends Dr Fred Toben. Conspiracy claim", Wimmera Mail-Times Wednesday 15 July 1987 
  15. ^ "Open Letter from Georgina Toben to Dr Ken Boston", Wimmera Mail-Times 17 July 1987 
  16. ^ "Principals View; Teacher's view", Wimmera Mail-Times 24 July 1987 
  17. ^ "Editorial: Inquiry needed on Toben case", Wimmera Mail-Times 29 July 1987 
  18. ^ "Toben sacking was 'trumped up' case", Wimmera Mail-Times 5 August 1987 
  19. ^ "Let Toben case rest", Wimmera Mail-Times Monday 10 August 1987 
  20. ^ "The Toben 'Affair'", Wimmera Mail-Times Wednesday, 12 August 1987 
  21. ^ "Unanswered questions on Toben; Dr Toben replies", Wimmera Mail-Times Friday 14 August 1987 
  22. ^ "Teacher inquiry", Wimmera Mail-Times Friday 19 August 1987 
  23. ^ "Editorial – No mortgage on hardship", Wimmera Mail-Times Friday, 12 February 1993 
  24. ^ "Teacher on a dead end road", Sunday Press Sunday, 13 April 1986 
  25. ^ "From academic to school bus driver – Fired teacher carries on the fight", The Sun Thursday, 14 May 1987 
  26. ^ "Tony Abbott - Case of the teacher who wasn't kept in", The Bulletin, 30 June 1987 
  27. ^ "Michael Barnard: One man's fight to clear his name", The Age, 15 December 1987 
  28. ^ "Frank Devine - An education experience of the worst kind", The Australian, 18 April 1991 
  29. ^ a b "Doc's into overdrive", Sunday Press, 8 November 1987 
  30. ^ "School Council head Deposed; Hundreds return to Goroke", Wimmera Mail-Times, Thursday, 4 April 1985 
  31. ^ "Sir William speak about persistence and parsimony", Wimmera Mail-Times, Friday, 12 April 1985 
  32. ^ "Antisemitism and Holocaust Denial in the Iranian Media, Special dispatch No. 855". Middle East Media Research Institute (MEMRI). 28 January 2005. Archived from the original on 2 August 2006. 
  33. ^ Sexton, Mike (20 April 1999). "Australian historian faces German jail over Holocaust views". Australian Broadcasting Corporation. 
  34. ^ Toben v Nationwide News Pty Ltd [2016 NSWCA 296], para.6.
  35. ^ Toben v Nationwide News Pty Ltd [2016 NSWCA 296], para.7.
  36. ^ Rees, Neil; Lindsay, Katherine; Rice, Simon (2008). Australian Anti-Discrimination Law: Text, Cases and Materials. Federation Press. pp. 529, 538, 555–58, 569. ISBN 1862876614. 
  37. ^ "Change and Continuity: Review of the Federal Unlawful Discrimination Jurisdiction". Supplement, September 2002 – August 2003 (September 2000 – September 2002 ed.). Human Rights and Equal Opportunity Commission. 1 August 2003: 3–7. Archived from the original on 2 April 2011. 
  38. ^ Green, Jonathon; Karolides, Nicholas J (2009). Encyclopedia of Censorship. Facts on File library of world history. Infobase Publishing. p. 35. ISBN 1438110014. 
  39. ^ "Written apology over holocaust denial". ABC. 28 April 2009. 
  40. ^ "Toben jailed as appeal fails". ABC News. 13 August 2009. Retrieved 13 August 2009. 
  41. ^ a b "Toben grounded". Australian Jewish News. 19 October 2012. Retrieved 16 March 2013. 
  42. ^ Holocaust denier Frederick Toben backs George Brandis' plans for discrimination law
  43. ^ "Australian neo-Nazi jailed in Germany". BBC News. 1999-11-11. Retrieved 2010-04-23. 
  44. ^ Meir Litvak (2006). "Anti-Semitism and Anti-Zionism in Historical Perspective". In Herf, Jeffrey. Anti-Semitism and Anti-Zionism in Historical Perspective: Convergence and Divergence. Routledge. p. 257. ISBN 978-0415400695. The instrumentalist use of Holocaust denial to undermine Zionism is evident in an interview with the German-Australian Holocaust denier Fredrick Toben published by the official Iranian news agency MEHR on 29 December 2004, in which he claimed that "the state of Israel is founded on the 'Holocaust' lie" and that "exposing this lie" would help "dismantle the Zionist entity." 
  45. ^ Jahanbegloo, Ramin (2007). Holocaust Denial in Iran and anti-semitic discourse in the Muslim world. Egham. pp. 129–130. ISBN 978-1-905846-12-2. 
  46. ^ "Holocaust denial outrages Europe". The Washingtion Times. 
  47. ^ "Dr Fredrick Toben's arrest should alarm us all". London: Daily Telegraph. 5 October 2008. Retrieved 20 November 2008. 
  48. ^ Rozenberg, Joshua (12 October 2008). "Töben's arrest 'fatally flawed', says lawyer". London: The Daily Telegraph. Retrieved 24 November 2008. 
  49. ^ Rozenberg, Joshua (5 October 2008). "Man accused of denying the Holocaust may escape extradition from Britain". London: The Daily Telegraph. Retrieved 24 November 2008. 
  50. ^ "Extradition win for revisionist Frederick Töben". Herald Sun. 31 October 2008. Archived from the original on 6 November 2008. Retrieved 3 November 2008. 
  51. ^ "Holocaust denier wins extradition fight". The Jewish Chronicle. 21 November 2008. Retrieved 24 November 2008. 
  52. ^ "Germany to pursue Holocaust denier's arrest". The Associated Press. 24 October 2008. 
  53. ^ "Chris Huhne: Holocaust denial and a case that shows flaws in the EU". The Independent. 24 October 2008. Retrieved 3 May 2010. 
  54. ^ Alderman, Geoffrey (30 October 2008). "Denial is not a criminal matter: Legislating against deniers of the Holocaust is part of a dangerous trend". The Jewish Chronicle online. 

External links