Garaudy v. France
European Court of Human Rights
Application No. 65831/01
- Written by Mary Katherine Cunningham, JD
Facts
In December 1995, Roger Garaudy, a French philosopher, published The Founding Myths of Israeli Politics. Between February and July 1996, several individuals and organizations lodged criminal and civil complaints against Garaudy in French courts. These complaints alleged that Garaudy denied the Holocaust and the Nazi war crimes in World War II, published racially defamatory statements, and incited religious hatred or violence. In March 1997, a court in Paris convicted Garaudy under French law. The court sentenced Garaudy to serve time in prison and ordered Garaudy to pay fines to certain civil parties. Garaudy appealed to the European Court of Human Rights. On appeal, Garaudy refuted that he denied the Holocaust or Nazi war crimes. Garaudy argued that the French courts misconstrued his book, which was a political critique of Zionism. Garaudy argued that his conviction under French law violated Article 9 and Article 10 of the European Convention on Human Rights (the convention).
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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