Pastörs v. Germany, No. 55225/14, ECtHR (Fifth Section), 3 October 2019

Holocaust denial in a parliamentary speech. Lawful interference with freedom of expression.

Art. 10 ECHR

Although interferences over speech in Parliament must be closely scrutinised, statements that run counter to the democratic values of the Convention do not deserve protection, as it is in the case of assertions affecting the dignity of Jews. 

(Case concerning the criminal conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. He alleged a violation of Art. 10 ECHR. The Court found that the interference in the applicant’s right to freedom of expression was proportionate to the legitimate aim pursued by the German authorities and thus “necessary in a democratic society”. It declared the complaint inadmissible as being manifestly ill-founded under Art. 10 ECHR, using Art. 17 as an aid in interpretation to reinforce the necessity of the interference).