A Call to Exterminate Gypsies and Jews Is Not a Crime Essay

A call to exterminate Jews and Gypsies is not a crime On August 22, 2007 the Riga District Prosecution Office in Ieva Garancha’s person dismissed criminal case that was initiated against Andris Jordans according the part 1 of clause 78 of Latvian Criminal Law: “Violation of National or Racial Equality and Restriction of Human Rights.

For a person who commits acts knowingly directed towards instigating national or racial hatred or enmity, or knowingly commits the restricting, directly or indirectly, of economic, political, or social rights of individuals or the creating, directly or indirectly, of privileges for individuals based on their racial or national origin, the applicable sentence is deprivation of liberty for a term not exceeding three years or a fine not exceeding sixty times the minimum monthly wages”.

We will write a custom essay sample on
A Call to Exterminate Gypsies and Jews Is Not a Crime Essay
or any similar topic only for you
Order now

The criminal case was dismissed in the absence of criminal activity. On February 22, 2007 in the capital of Latvia – Riga, took place a Discussion “Problems of nacism, neonacism, and xenophobia in Latvia” that was organized by Latvian Antifascist Committee (LAC).

During this Discussion a young neonacist (that how he introduced himself to everyone), Andris Jordans asked for the word and said following: – “Jews are kikes and Gypsies are not humans that’s why they are not in my Organization”; – Declared the conduction of ethnic cleansing and extermination of humans as “an ideal option”; – On question whether or not he would participate in execution if he would serve in fascists army, gave a positive answer: “If a person has gangrene, what would you do: would you try to cure it or cut it off? So if the society has gangrene, it must be cut off”. He identified himself as a supporter of nacis ideology. In the Prosecutor’s Decision this pronouncement was qualified as following: “A. Jordans identified himself as a supporter of fascists and neonacists ideology, acknowledging that abovementioned ideologies do not recognize the right to life and existence of different groups of society, and directed on necessity to exterminate people by their ethnic origin”; – Supported neonacis in Russia who encourage murders: on the question of the discussion participant: “You probably heard how neonacistic and neofascistic Organizations work in

Russia”, he responded: “Yes, they act correctly”, but on question: “And you think, killing people – it is correct? ”, he responded: “Of course. If you want peace, be ready for war”; – He spotted that the goal of his Organization is to organize ethnic cleansing by killing those people who by their opinion are not considered as human beings. On the question: “So, we must understand that the goal of your Organization here is to organize something similar…ethnic cleansing by killing those who are not humans by your opinion? ”, he answered: “Yes, that would be the ideal option”. Therefore, A.

Jordans publicly did spread his opinion, which is provoking race hatred, did spread no respect towards people by their ethnic origin, propagated national enmity, his outwardly non aggressive expressions and declarations generated hostile attitude towards people – Jews and Gypsies – by their ethnic origin, unrecognizing their right to life. A. Jordans identified himself as a follower of fascistic and neonacistic ideology, recognizing that these ideologies do not recognize the right to life and existence for different group of society, and directed on necessity to exterminate people by their ethnic origin.

During the investigation, A. Jordans was questioned and he did not admit his guilt, he stated that he did not propagated racism and neonacism neither during his speech nor during answering on questions, and that everything he said was only his opinion. His only regret is that he did not choose proper terminology that would fit the measure more. There were also questioned 6 persons during the investigation, who participated on the Discussion, and who confirmed that A.

Jordans indeed said everything what was mentioned above. Following the completion of the investigation, the Expertise was appointed, in order to elucidate whether or not A. Jordans’s pronouncements instigate national or racial hatred or enmity, or content the restriction, directly or indirectly, of economic, political, or social rights of individuals or the creating, directly or indirectly, of privileges for individuals based on their racial or national origin.

According to the Declaration of the Expertise from April 23, 2007, A. Jordans’s pronouncements do instigate racial hatred and instigate enmity against Jewish and Gypsy people: – A. Jordans’s pronouncements is a propaganda of the ideologies, which instigate hatred and instigate enmity between people with different racial or national origin; – A. Jordans’s pronouncements content the direction on restriction of privileges for individuals – the fundamental Human Right to life, based on their racial or national origin.

The Prosecutor dismissed the criminal case because of following reasons: – A. Jordans was answering questions, which were tendentious and containing expected answers. Moreover the measure’s hosts did not give A. Jordans the chance to explain his opinion; – The Discussion was held on Russian language that is not A. Jordans’s mother tong language. Therefore, from abovementioned, from the video tape of the measure, as well as from A. Jordans’s testimony appear, that A.

Jordans has a language barrier that was an obstacle for his clear pronouncements; – The support of neonacis, neofascistic Organizations and identification himself as a neonacist, he did spread his opinion that is the right according the Constitution of Latvian Republic, and according International Legislative acts: the part 1 of article 10 of The European Convention on Human Rights and fundamental freedom: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises”; – According to the Declaration of the Expertise from April 23, 2007, A. Jordans’s pronouncements content the direction on restriction of privileges for individuals – the fundamental Human Right to life, based on their racial or national origin but there are no criminal charges for such activities; – The phrase: “Jews are kikes and Gypsies are not humans, that’s why they are not in my Organization” cannot be considered as activity, which directly instigate national or racial hatred or enmity.

It was not certified that A. Jordans answering on questions wanted to instigate national hatred or enmity, so the subjective side of the criminal activity is not proven; – The answer: “Yes, that would be the ideal option” on question: “So, we must understand that the goal of your Organization here is to organize something similar…ethnic cleansing by killing those who are not humans by your opinion? ” cannot be considered as instigating national or racial hatred or enmity. Questioner asked in general: “by killing those who are not humans by your opinion? and he did not referred to some particular nationality or race. After the receipt of the Decision of the Prosecution Office it was sent a Complaint to the high prosecutor of the Riga District Prosecution Office. The Decision of high prosecutor E. Berzinsh from September 12, 2007 was not to repeal the Decision from August 22, 2007 to dismiss the criminal case of the prosecutor I. Garancha. On September 24, 2007 it was sent a Complaint to the General Prosecution Office to repeal the Decision of high prosecutor E. Berzinsh.

×

Hi there, would you like to get such a paper? How about receiving a customized one? Check it out