AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 11 May 2000, Vienna's Criminal Court found University of Innsbruck political science professor Anton Pelinka guilty of "defaming the character" of former Freedom Party Leader Jörg Haider and fined him 60,000 Austrian schillings (about $4,000).

Haider charged Dr. Pelinka with defamation following statements Pelinka made in an interview on an Italian television station in May 1999. During the interview, Dr. Pelinka stated, "(i)n 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."

Dr. Pelinka pointed out that his analysis was based on undisputed public records. He also contended that his role as a political scientist is to study and compare texts and analyze them in a historical context. Dr. Pelinka is an internationally respected authority on Austrian affairs.

As of this writing, the court has not issued a written statement of its verdict. When the written statement is issued, Dr. Pelinka can appeal the verdict in a higher court (Upper Regional Court). If the verdict is upheld, Dr. Pelinka can take his case to the European Court of Human Rights in Strasbourg, France.

Haider has brought lawsuits against several people for alleged defamation of character. In fact, Haider has another case pending against Dr. Pelinka for statements Pelinka made to CNN in the spring of 1999 comparing Haider's linking of Austria's level of unemployment with the number of foreigners in the country to the way the Nazis linked high unemployment rates to the size of the Jewish population.

There is concern that Haider is trying to use the court system to suppress political criticism. A major source of concern in these defamation cases is that Haider's former personal lawyer, Dieter Böhmdorfer, is currently serving as Austria's Minister of Justice. In fact, Böhmdorfer was Haider's original lawyer in the Pelinka case.

The far-right Freedom Party became part of the ruling coalition in Austria this year, setting off a series of domestic and international protests. The European Union voted to impose bilateral sanctions against Austria if the Freedom Party was allowed to become part of the government. Haider, who has made many controversial statements that directly and indirectly support Nazism, stepped down from his position as head of the Freedom Party in May 2000, but remains governor of the province of Carinthia.

Suppressing legitimate political debate is in direct violation of several international treaties, including the International Convention on Civil and Political Rights, which Austria ratified on 10 December 1973, and the European Convention on Human Rights, which Austria ratified on 3 September 1958.

Relevant articles of the International Covenant on Civil and Political Rights include:

• Everyone shall have the right to hold opinions without interference (Article 19.1);
• Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds (Article 19.2).

The relevant article in the European Convention for the Protection of Human Rights and Fundamental Freedom states:

• 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. (Article 10.1)

(Sources of Information for this case include: The American Political Science Association, International Helsinki Federation for Human Rights, The Chronicle for Higher Education and Der Standard)

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Expressing concern about the apparent conflict of interest between Dieter Böhmdorfer's role as Minister of Justice and his role as the original lawyer for Jörg Haider in the Pelinka case;
• Inquire if there were measures taken by the Austrian government to address the conflict of interest;
• Express concern that Dr. Pelinka is being charged solely for performing his job as a political scientist and that his commentary and analysis were based on statements from the public record;
• Express deep concern that cases like this have the potential to erode free speech guarantees, which is a central tenet of democracy.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Dr. Thomas Klestil
President of Austria
Prasidentschaftskanzlei
Hofburg, Bellariator, Ballhausplatz 2
A-1010, Wien
Austria
phone 43-1-534-22-0, fax 43-1-535-6512


The Honorable Wolfgang Schussel
Federal Chancellor
Bundeskanzleramt
Ballhausplatz 2
A-1014, Wien
Austria
phone 43-1-53115-2446, fax 43-1-53115-2705


The Honorable Dr. Benita Ferrero-Waldner
Foreign Minister
Bundesminister fuer Ausswaertig
Ballhausplatz #2
A-1014 Wien,
Austria
Telephone: 011 43 1 531-150
Facsimile: 011 43 1 535 4530

COPIES SENT TO:

His Excellency Peter Moser
Ambassador to the United States
Embassy of Austria
3524 International Court, NW,
Washington DC 20008-3035
Telephone: (202) 895-6700
Fax: (202) 895-6750

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