AUSTRIA:

SCHOLAR CONVICTED FOR ANALYZING HAIDER'S POLITICAL PROGRAM

On 23 May, the IHF issued a press release expressing its deep concern over the conviction of Professor Anton Pelinka, a leading Austrian political scientist who was found guilty by the Viennese Criminal Court (Straflandesgericht) for having "defamed" the character of former Freedom Party leader Jörg Haider. Pelinka was fined 60,000 Austrian schillings (U.S.$4,500) in a suit that was originally brought by Haider's lawyer Dieter Bohmdorfer, who is now Austrian minister of justice in the coalition government.

The basis for the conviction was Professor Pelinka's statement to Italian television station RAI on 1 May 1999, in which he said: "In his career, Haider has repeatedly made statements which amount to trivializing National Socialism. Once he described death camps as penal camps. On the whole, Haider is responsible for making certain National Socialist positions and certain National Socialist remarks more politically acceptable."

The IHF considers the conviction a miscarriage of justice with serious implications for freedom of expression in Austria, particularly in light of the role played in the case by Austria's current minister of justice.

"Everything Professor Pelinka said was consistent with normal public discussion about political figures in a democracy. If one can be convicted of libel for such a statement, we must wonder if there is freedom of expression in this country," stated Aaron Rhodes, executive director of the IHF. "The court is in effect helping Haider's political program, intimidating any citizen who tries to expose his views for what they are. The ruling is completely out of synch with case law of the European Court of Human Rights, which has repeatedly ruled that politicians and public figures do not enjoy the same protection against criticism as private individuals."

Rhodes said the IHF would support Professor Pelinka in his appeals, including an appeal to the European Court if necessary.

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Source: IHFFor more information please contact the IHF, tel. +43-1-408-8822, e-mail office@ihf-hr.org