Lehideux and Isorni v. France
Encyclopedia
Lehideux and Isorni v. France (case no. 55/1997/839/1045, application no. 24662/94, Publication 1998-VII, no. 92), was a case heard by the European Court of Human Rights
on punishing statements praising collaborators
. In a judgement handed down 23 September 1998, the court has held by fifteen votes against six that the conviction of applicants for their article in favour of Philippe Pétain
was prescribed by law and pursued a legitimate aim, but wasn't necessary in a democratic society and therefore violated Article 10 (freedom of expression).
Besides, the court has ruled that the case "does not belong to the category of clearly established historical facts – such as the Holocaust – whose negation or revision would be removed from the protection of Article 10 by Article 17" (Para. 47). In doing so the court has ruled that the protections in Article 17, the prohibition of abuse of rights, could restrict the right of free speech granted under Article 10.
This ruling has had a direct influence on International treaty law. The "Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems" requires participating States to criminalize the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults. Article 8, Section 1 of the protocol specifically covers the denial of the Holocaust
and other genocides recognised as such by other international courts set up since 1945 by relevant international legal instruments. The Council of Europe
Explanatory Report of the protocol states "European Court of Human Rights has made it clear that the denial or revision of “clearly established historical facts – such as the Holocaust – […] would be removed from the protection of Article 10 by Article 17” of the ECHR
(see in this context the Lehideux and Isorni judgment of 23 September 1998)".
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
on punishing statements praising collaborators
Collaborationism
Collaborationism is cooperation with enemy forces against one's country. Legally, it may be considered as a form of treason. Collaborationism may be associated with criminal deeds in the service of the occupying power, which may include complicity with the occupying power in murder, persecutions,...
. In a judgement handed down 23 September 1998, the court has held by fifteen votes against six that the conviction of applicants for their article in favour of Philippe Pétain
Philippe Pétain
Henri Philippe Benoni Omer Joseph Pétain , generally known as Philippe Pétain or Marshal Pétain , was a French general who reached the distinction of Marshal of France, and was later Chief of State of Vichy France , from 1940 to 1944...
was prescribed by law and pursued a legitimate aim, but wasn't necessary in a democratic society and therefore violated Article 10 (freedom of expression).
Besides, the court has ruled that the case "does not belong to the category of clearly established historical facts – such as the Holocaust – whose negation or revision would be removed from the protection of Article 10 by Article 17" (Para. 47). In doing so the court has ruled that the protections in Article 17, the prohibition of abuse of rights, could restrict the right of free speech granted under Article 10.
This ruling has had a direct influence on International treaty law. The "Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems" requires participating States to criminalize the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults. Article 8, Section 1 of the protocol specifically covers the denial of the Holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...
and other genocides recognised as such by other international courts set up since 1945 by relevant international legal instruments. The Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
Explanatory Report of the protocol states "European Court of Human Rights has made it clear that the denial or revision of “clearly established historical facts – such as the Holocaust – […] would be removed from the protection of Article 10 by Article 17” of the ECHR
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(see in this context the Lehideux and Isorni judgment of 23 September 1998)".
See also
- Jacques Isorni
- François LehideuxFrançois LehideuxFrançois Lehideux was a French industrialist and member of the Vichy government.-Car industry:...
- Association for the Defence of the Memory of Marshal PétainAssociation for the Defence of the Memory of Marshal PétainThe Association for the Defence of the Memory of Marshal Pétain is a French association set up on 6 November 1951 under the patronage of general Maxime Weygand, its honorary president until his death in 1965.-History:It was the successor to a "comité d'honneur", set up in 1948 by Marshal Philippe...