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Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution against revisionists and submission to Zionism in the courts take place in Catalonia. Here, for example, Pilar Rahola, defined as "Zionist trash" by Antonio Baños, a member of CUP (a far-left Catalan independence party) in the Catalan Parliament since the elections of 2015, appears regularly with absolute shamelessness in the mass media, which willingly offer him their microphones and audience. A longtime leader of Esquerra Republicana de Catalunya (a party with a masonic tradition throughout its history), Rahola admitted during one of these interviews his contacts with Israel. When the interviewer asked him if he worked as the link between the President of the Catalan Government, Artur Mas, and the Zionist government, his answer was the following: “The best answer that I can give you is that I won’t give you one. You must allow us to keep these things confidential. We won’t show all our cards.” Then Rahola confirmed: “There are things that are too delicate to share… We work a lot and speak little.” It is therefore unquestionable that Zionism has deep roots in Catalonia and has free rein thanks to the shameful servility of the mass media, and complicity of some of Catalonia’s separatist politicians. In Spain, the most obvious and flagrant case of injustice, has been committed against Pedro Varela, a bookseller and publisher, whose dignified and honest fight against state power is well known in revisionist circles internationally. His case however is not unique, as other booksellers and publishers in Catalonia have also been victims of this targeting. Ramon Bau, Oscar Panadero, Carlos Garcia, and Juan Antonio Llopart are other names that should appear on this list, as they have been persecuted for publishing revisionist books and for having opinions about prohibited political topics related to revisionism. We will dedicate the first part about persecution in Spain to Pedro Varela, and then we will present the other cases in the second. Pedro Varela, an Honorable Bookseller Victim of Hate and Sectarian Intolerance We will write much about Pedro Varela. As this persecution has taken place in Spain we know his case perfectly, we have access to sufficient information, and we can therefore explain the case as it deserves. His name is associated with CEDADE (Spanish acronym for “Spanish Circle of Friends of Europe”), an organization with a national-socialist ideology created in Barcelona in 1966. The group’s first congress was celebrated in 1969, and Jorge Mota was its first president and at the same time the editor of the CEDADE magazine. During these first years the group grew in numbers and extended throughout Spain with fifty delegations. The group in Catalonia even managed to exhibit the Catalan flag during the Franco regime. Pedro Varela became president of CEDADE and editor of its magazine in 1978. Little by little revisionist ideas became the fundamental base of Varela and the organization that he presided over. He contacted Robert Faurisson and propitiated the publication of an extract of Arthur R. Butz’ essential book. Likewise other authors connected to the Institute for Historical Review, and publications and texts of the IHR, were translated and introduced into Spain thanks to CEDADE. For example, in 1989 CEDADE published a Spanish version of the explosive Leuchter Report with a prologue by David Irving. One of CEDADE’s last meetings took place in Madrid in 1992, were several revisionists coincided to demand the right to freedom of speech. Those attending included Gerd Honsik, Thies Christophersen, and others persecuted in their countries for having a free opinion. It should be remembered that by this time two trials against Ernst Zündel had taken place in Toronto, and things in Germany were going from bad to worse. Finally in Spain a new legal framework similar to the one being forged throughout Europe was being created, leading to Pedro Varela’s renunciation of the presidency of CEDADE, and the subsequent disappearance of the organization in October 1993. During the 1980’s Pedro Varela became increasingly committed to historical revisionism, leading to him traveling to Toronto in 1988 to attend the second trial against Zündel. There he met with Faurisson, Irving, Zündel, and other revisionists, including Fred Leuchter who he met for the first time. Following that he and David Irving protested in front of Germany’s public TV headquarters in Berlin, holding signs that read: “Germany’s historians, liars and cowards”, at the head of a small group of protesters that demanded the end of the falsification of history. It was during these years

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Page 1: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

Let us Remember

PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016:

In Spain, the most blatant cases of political persecution against revisionists and submission to Zionism in the courts

take place in Catalonia. Here, for example, Pilar Rahola, defined as "Zionist trash" by Antonio Baños, a member of CUP

(a far-left Catalan independence party) in the Catalan Parliament since the elections of 2015, appears regularly with

absolute shamelessness in the mass media, which willingly offer him their microphones and audience. A longtime

leader of Esquerra Republicana de Catalunya (a party with a masonic tradition throughout its history), Rahola admitted

during one of these interviews his contacts with Israel. When the interviewer asked him if he worked as the link

between the President of the Catalan Government, Artur Mas, and the Zionist government, his answer was the

following: “The best answer that I can give you is that I won’t give you one. You must allow us to keep these things

confidential. We won’t show all our cards.” Then Rahola confirmed: “There are things that are too delicate to share…

We work a lot and speak little.” It is therefore unquestionable that Zionism has deep roots in Catalonia and has free

rein thanks to the shameful servility of the mass media, and complicity of some of Catalonia’s separatist politicians.

In Spain, the most obvious and flagrant case of injustice, has been committed against Pedro Varela, a bookseller and

publisher, whose dignified and honest fight against state power is well known in revisionist circles internationally. His

case however is not unique, as other booksellers and publishers in Catalonia have also been victims of this targeting.

Ramon Bau, Oscar Panadero, Carlos Garcia, and Juan Antonio Llopart are other names that should appear on this list,

as they have been persecuted for publishing revisionist books and for having opinions about prohibited political topics

related to revisionism. We will dedicate the first part about persecution in Spain to Pedro Varela, and then we will

present the other cases in the second.

Pedro Varela, an Honorable Bookseller Victim of Hate and Sectarian Intolerance

We will write much about Pedro Varela. As this persecution has taken place in Spain we know his case perfectly, we

have access to sufficient information, and we can therefore explain the case as it deserves. His name is associated with

CEDADE (Spanish acronym for “Spanish Circle of Friends of Europe”), an organization with a national-socialist ideology

created in Barcelona in 1966. The group’s first congress was celebrated in 1969, and Jorge Mota was its first president

and at the same time the editor of the CEDADE magazine. During these first years the group grew in numbers and

extended throughout Spain with fifty delegations. The group in Catalonia even managed to exhibit the Catalan flag

during the Franco regime. Pedro Varela became president of CEDADE and editor of its magazine in 1978.

Little by little revisionist ideas became the fundamental base of Varela and the organization that he presided over. He

contacted Robert Faurisson and propitiated the publication of an extract of Arthur R. Butz’ essential book. Likewise

other authors connected to the Institute for Historical Review, and publications and texts of the IHR, were translated

and introduced into Spain thanks to CEDADE. For example, in 1989 CEDADE published a Spanish version of the

explosive Leuchter Report with a prologue by David Irving. One of CEDADE’s last meetings took place in Madrid in

1992, were several revisionists coincided to demand the right to freedom of speech. Those attending included Gerd

Honsik, Thies Christophersen, and others persecuted in their countries for having a free opinion. It should be

remembered that by this time two trials against Ernst Zündel had taken place in Toronto, and things in Germany were

going from bad to worse. Finally in Spain a new legal framework similar to the one being forged throughout Europe

was being created, leading to Pedro Varela’s renunciation of the presidency of CEDADE, and the subsequent

disappearance of the organization in October 1993.

During the 1980’s Pedro Varela became increasingly committed to historical revisionism, leading to him traveling to

Toronto in 1988 to attend the second trial against Zündel. There he met with Faurisson, Irving, Zündel, and other

revisionists, including Fred Leuchter who he met for the first time. Following that he and David Irving protested in front

of Germany’s public TV headquarters in Berlin, holding signs that read: “Germany’s historians, liars and cowards”, at

the head of a small group of protesters that demanded the end of the falsification of history. It was during these years

Page 2: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

that revisionism had achieved decisive success which included the professional work by the engineer Fred Leuchter in

Auschwitz. At the same time the enemies of revisionism and historical truth were becoming radicalized: as we know in

1989 Robert Faurisson was the victim of a cowardly attack perpetrated by Jewish terrorists, who nearly beat him to

death.

In March 1991 Pedro Varela spoke in German at the “Leuchter Kongress”, in an open-air meeting celebrated in Munich,

and organized by Ernst Zündel. On the 25 September 1992, at the age of 35, with idealism, firm convictions, and

carrying much hope on the journey, he was arrested in Austria, a country he was visiting as part of a tour throughout

Europe. The motive of the arrest was because on a previous visit he had praised Hitler’s politics in a speech. He was

put before a judge and imprisoned in Steyr, an old Cistercian monastery, for the crime of propagating national-

socialism. His correspondence was controlled. Before handing him his letters, they were translated into German for the

purpose of adding them to trial dossier to use as inculpatory evidence. He was behind bars for three months before

appearing on the 16 December 1992 before a tribunal of three judges and a jury of eight. Surprisingly he was absolved,

as the conclusion was reached that as he was unaware of Austrian laws, he didn’t know he was committing a crime

when expressing his opinion about a historical figure.

In comparison to Austria or Germany, Spain continued to be an oasis of free speech in a Europe that was increasingly

acquiescent to Jewish lobbies. In 1995, the year in which Switzerland and Belgium enacted anti-racial laws that

pretended to combat “hate” and the “negation of the Holocaust”, Spain at last began down the same road. On the 11

May 1995 the Spanish Parliament approved a revision to the Penal Code with the aim of equating Spanish legislation

with certain European countries. In the preamble the law was justified thus: “The proliferation in several European

countries of violent racist and anti-Semitic incidents, carried out under flags and symbols of Nazi ideology, obliges the

democratic states to carry out decisive actions to fight against...” We have already pointed out that the laws against

“hate” and the “negation of the Holocaust” in Europe were not a consequence of the spontaneous expression of

justified indignation from the population, but the result of a prefabricated and well organized campaign in the service

of Zionism. Three years later, in June 1998, the International Association of Jewish Lawyers and Jurists again asked for

new and more severe laws against Holocaust revisionism.

In 1991, a few years before Spain submitted to outside pressure to modify its legislation, Pedro Varela had opened his

bookshop Libreria Europa at 12 Seneca Street, Barcelona. From there he attempted to do an honest job selling books;

but the fanaticism and intolerance of the champions of “free speech” were not going to allow it: insulting graffiti on

the walls and windows of the bookshop have been continuous since then, and it has been raided continually. It all

began in May 1995, the same month that the Spanish Parliament approved the modification of the Penal Code, when a

so called “Anne Frank Civil Platform” attempted to change the name of Seneca Street for the Jewish girl who

unfortunately died of typhus at Bergen-Belsen. Curiously the Bergen City Council had previously denied a petition to

name a school after Anne Frank, and after that also opposed changing the name of the street leading to the camp

memorial after the girl.

This poorly named civic platform dedicated itself between the 12 May 1995 and the autumn of 1996 to collecting

signatures for a petition to change the name of Seneca Street by pressuring the 230 families living there. The

promoters of the campaign did not hide the fact that their aim was to “boycott the activities of the Libreria Europa” - a

clear example of their respect for free speech (as long as it’s theirs, of course). The civic groups and, of course, the

democrats that formed part of the platform were regulars among leftist and far-left groups. Seneca Street lost its

tranquility and the residents had to put up with violent demonstrations and intolerance from the democrats, for

example insulting graffiti, rocks, petrol bombs, etc. Pedro Varela, with the aim of offering the streets residents and the

general public information that contrasted with what these groups were offering, published a letter that he had

written while studying Contemporary History at university. It consisted in a text which offered with rigorous exactitude

a joint understanding or synthesis of the works of Faurisson, Verbeke, Felderer, and Irving, regarding the most fruitful

and profitable literary falsification of the 20th Century. In this letter, the only one written by Varela among all those

presented by the police and state prosecutor, no evidence of hate against anyone could be found.

Page 3: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

On the 12 December 1996, the police raided the Libreria Europa for the first time. Pedro Varela’s sister was working in

the bookshop at the time and her daughter was playing in the patio at the back. The police took 20,900 books, and

also newspapers, magazines, posters, videos… Later, Varela was arrested at his home. The operation, which according

to the newspaper El Pais, was prepared three months in advance, was ordered by José María Mena, who in 1996 was

named chief prosecutor of the High Court of Justice of Catalonia. This “progressive” jurist who in the 1970’s had been a

militant of the PSUC (Catalan communists) was of the opinion that Varela “pursued hate and not an ideology”.

The information which on the 13 December 1996 appeared in El Pais, apaper closely linked to Spanish socialists, was

an example of lack of objectivity: after praising the Catalan police for “being the first police force in Spain to arrest a

person for advocating genocide”, the paper, which stated that the Libreria Europa was a “center for the sale and

distribution of Nazi books edited in South America”. Afterwards, it assured its readers that the residents of the

neighborhood called Gracia, where Seneca Street is located, were satisfied with the arrest, and that the Barcelona City

Council was studying the option of involving itself in the case as a private prosecution. In culminated the story by

stating that the “Anne Frank Civil Platform”, “Gay-Lesbian Coordinator”, the “Mauthausen Amical Association”, and

“SOS Racism”, were all very satisfied by the dismantlement of “a neo-Nazi plot that utilized the bookshop as a cover”.

The process lasted almost two years because many of the books that were seized were in English, German, and French,

meaning the prosecutor insisted in translating them to find out which part of their contents broke the law. Finally, the

head of Criminal Court 3 in Barcelona, Santiago Vidal, fixed the date of 16 October 1998 for the start of the first trial in

Spain for advocating genocide and incitement to racial hatred. As soon as the date was known, the promoters of Anne

Frank, converted now into the “Civic Platform against the Diffusion of Hate”, organized a protest against Pedro Varela

in front of the court. The protest was supported by B’nai B’rith, the Jewish Community of Barcelona, the Baruch

Spinoza Foundation, the Anti-Defamation League, Maccabi Barcelona, ATID Jewish Association of Barcelona, Catalonia-

Israel Cultural Relations Association, Mauthausen Amical Association, Gay-Lesbian Coordinator, SOS Racism, and the

Romani Union. The protesters carried cardboard coffins and candles in remembrance of the victims. Evidently, the aim

was to put on a show in the street to create social and political pressure.

The two court sessions took place on the 16 and 17 of October. Shimon Samuel, president of the Simon Wiesenthal

Center in Europe, assisted as an observer protected by agents, and accompanied by Israeli TV cameras. He declared:

“This process is a historical opportunity for Spain to join European jurisprudence and condemn the Spanish godfather

of neo-Nazism.” The state prosecutor cited 30 books sold by the Libreria Europa that praised the Third Reich and its

politics, or that presented revisionist arguments about the Holocaust. In the case against Varela the ATID Jewish

Association of Barcelona, SOS Racism, and the Jewish Community of Barcelona, had come forward to take public

action against him. Varela’s two lawyers made it clear from the beginning that the law under which their client was

being judged was unconstitutional, and asked for the suspension and annulment of the process against him. For more

than four hours the bookseller was interrogated, who rejected the charges: “I have never provoked racial hatred”, he

said before the court, and added that as a historian he had “the moral obligation to say the truth”. As far as revisionism

went, he declared: “In my opinion, the revision of history is necessary because it’s an open topic, and everything is

open to revision. Historians should be skeptical about everything, and should also revise everything that has been said

up to now.” In regards to the books in his bookshop, he explained that he could not know the contents of the 232 titles

that he had in his business, and that he was not obliged to. He indicated that in his bookshop he sold books of

different ideologies, and among several authors he cited the Basque nationalist Sabino Arana, Francisco de Quevedo,

and also Marx’s Capital. Regarding his text about Anne Frank, he admitted to being the author. In his final declaration

he said: “It has been my role to play the part of the bad guy in this film and scapegoat of a “social alarm” (to quote the

prosecutor) which has been created deliberately. I condemn, reject, and attack any type of genocide. I am not guilty of

genocide nor have I murdered anyone. I have never wanted the genocide of anyone nor the murder of any ethnic or

religious minority.”

The public prosecution, which reminded the court that the facts being judged were a crime in the European Union,

asked for two years of prison for advocating genocide, and another two for incitement of racial hatred. This despite the

fact that that the second part of article 607 of the new Penal Code stipulates that the crimes in said article carry “a

Page 4: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

prison sentence of one or two years”. For his part, Jordi Galdeano, the lawyer for SOS Racism and the ATID Jewish

Community of Catalonia, asked for an exemplary prison sentence of eight years. He said: “What is a crime and

constitutes a risk for our democracy is the divulgation of an ideology that despises certain collectives.” On the 16

November the tribunal declared Varela guilty of incitement of racial hatred and also guilty of denying or justifying

genocide. As a consequence, judge Santiago Vidal (22), who when sentencing described Varela as “a university

graduate with a brilliant academic record and an expert in historical revisionism”, sentenced him to five years in prison

and a fine of 720,000 Pesetas (€4327,28). He also obligated Varela to hand in his passport and appear at the court

every month. Regarding the 20,900 books, he ordered them to be burnt, even though only 30 of the books out of the

200 seized violated the law. The severe sentence went further than that in article 607.2 of the penal code, which led

Galdeano to express his “complete satisfaction”. Pedro Varela on the other hand declared that it was “a political

sentence and a tremendous injustice” and reminded the court that for two years, from the police raid of his bookshop

until the trial, he had been under tremendous pressure. On the 10 December 1998, Pedro Varela’s lawyers appealed

the verdict and sentence, meaning he avoided prison until the final decision by the court of appeals.

If that wasn’t enough damage to a bookseller and his commercial activity after two years, a protest was organized on

16 January 1999 under the motto's: “Close the Libreria Europa, youth and workers fighting against fascism.” “Against

fascism: Close the Nazi bookshop.” Two days before, on the 14 January, Maite Varela, Pedro’s sister who was working

in the bookshop, alerted the national police about this planned protest and the possibility of violence. On the 16th at

about 13:15, a call was made to the autonomous police and the situation was explained to them. At 20:00 friends and

acquaintances of the Libreria Europa again rang the police to alert them that the protest was making its way to Seneca

Street. At 20:30 the bookshop was attacked. In order to gain entry and destroy the bookshop the protesters broke

open the two shutters at the entrance. Some of the protesters then covered their faces, stormed into the bookshop,

and the destruction began: windows, showcases, displays, doors, shelves, photocopiers, telephones, fire extinctors,

stairs, and even some floor tiles. Everything was destroyed. After the books shelves had been tipped over they

gathered the books on the floor with the intention of burning them inside. In the end, they opted to throw about 300

volumes out into the street and burnt them there instead. Logically, some of the streets residents, who were terrified

by the scenes of violence, made more emergency calls, but no police force arrived on the scene. The city police who

had originally been following the protesters, retreated as soon as the violence began.

El Pais newspaper, which from the beginning joined the public lynching of a man who defended himself against almost

everyone, published the following headline: “Protest by 1600 youths calling for the closure of the Libreria Europa.” The

body of the story said: “The protest was peaceful, but when they arrived the protesters burnt some books that they

had removed from the bookshop, which suffered some small damages.” Naturally the story did not include any

pictures, as only one would have been sufficient to show how the bookshop was left after these “small damages”. In a

well-known expression, Lenin described as “useful idiots” those who are used as tools for a certain cause or political

movement. It seems evident that the individuals who stormed the bookshop were political terrorists, probably paid,

who were among the “useful idiots” dressed as “peaceful protesters” in service to the real power.

To make matters worse after the shameful behavior of the police, the court dismissed the complaint because the

individuals responsible where unidentified. However, TV cameras recorded the individuals, and the authorities has the

names of the dozens of Communist and Socialist groups that participated in the protest. There were a total of 23

associations that were listed in a complaint that Pedro Varela presented to the court on the 10 February 1999. In it was

a breakdown of the damages incurred and the estimated costs, which ascended to €16,922.60 of “small damages”.

Finally on the 30 April 1999 Pedro Varela received some excellent news: in a unanimous decision, the three judges

appointed to the case, presided by Ana Ingelmo, found the appeal presented by José María Ruiz Puerta to be

pertinent, and questioned the sentence handed down by judge Santiago Vidal. They considered that the sentence

violated the right to free speech, and intended to elevate the matter to the Constitutional Tribunal in Madrid. The

three judges thought that doubting the Holocaust could not be considered a crime according to the Spanish

Constitution. Instead of ruling on the sentence, they noted in their resolution all the doubts they had about the

constitutionality of Article 607.2 of the new Penal Code. They argued that the article for which Varela had been

Page 5: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

convicted was in conflict with Article 20 of the Constitution, which defends the right to express and freely disseminate

one thoughts, ideas, and opinions by word, writing, or any other means of reproduction. As was expected, there was a

rabid reaction by Varela’s accusers. The intrepid Jordi Galdeano exclaimed without reservation that the decision of the

tribunal “undermined the democratic system”. In other words, when in place of friendly judges and prosecutors they

were faced by truly independent judges, these were accused of putting freedom at risk. The lawyer for the

Mauthausen Amical Association, Mateu Segui Parpal, described the tribunal that doubted the criminality of Pedro

Varela as “disgraceful”.

However, before looking into the case, the Constitutional Tribunal required as a formal prerequisite that the provincial

court in Barcelona transact the appeal against the conviction beforehand, so a date of 9 March 2000 was set for this

purpose. A week before this date, the judge Ana Ingelmo was recused by SOS Racism, who denounced her to the

prosecutor for prevarication and requested that she abstain from the case. The challenge against her was considered

and she was replaced by the provincial court, which ordered the suspension of the hearing and processed the recusal

separately. On the 19 June 2000 the recusal was finally disesteemed.

Finally a date of 13 July was set for the hearing. Varela was not able to assist as he was in Austria. His lawyer described

as “scandalous” the five year sentence. Countering him, the prosecutor Ana Crespo and the private accusations

requested that the provincial court uphold the sentence against the owner of the Libreria Europa. Ultimately the

question of unconstitutionality was once against raised by the provincial court. Pedro Varela remained in conditional

freedom and the case continued to await the decision of the Constitutional Tribunal. Defenders of freedom of speech

and revisionists all over the world considered that a victory had been achieved in Spain, at least a temporary one, and

awaited the resolution of the high court, which would take seven years to emit the final sentence.

During this intervening period, Pedro Varela continued with his activities as a bookseller and publisher with Ediciones

Ojeda Cultural Association, which he founded in 1998. Conferences also began to be organized in the Libreria Europa,

were revisionist authors often came from abroad to speak at. Then suddenly on the 10 April 2006, the Catalan police

unexpectedly raided the Libreria Europa. At 9:30 in the morning about 15 masked police began a search that lasted

until 17:00. Six thousand books worth more than €120,000 were seized. The political police also removed eight big

boxes full of documents, hundreds of folders, and thousands of photos and negatives, catalogs ready to be sent, and

thirteen thousand conference programs. The six computers that contained dozens of corrected books, prepared and

ready for publishing were also confiscated. Within these computers was all the information about the bookshop and

publishers customers and friends. The hard disks, security copies, bank cards and check books, personal and business

contracts, were also confiscated. If that was not enough, the police also took the framed photos that immortalized

some of the meetings during the era of CEDADE, and even the flags of Spain’s autonomous regions which, together

with the Catalan Senyera, decorated the conference room.

Pedro Varela was arrested. Once he was at the police station, he was forced to undress and was registered, then locked

in a cell. Afterwards he was taken to “play the piano”, which in prison jargon means having your fingers inked to take

your prints, and finally had his mugshots taken like a delinquent. It was communicated to him that on this occasion the

reason for his arrest was that Ediciones Ojeda published books “contrary to the international community”, books that

attacked “public freedoms and fundamental rights”. In other words, in a “democracy” where free speech,

dissemination, and communication, are a sign of sacrosanct identity, the publishing and sale of books becomes a

criminal activity because the ideas within the text are “contrary to the international community”. If it was not so

serious and pathetic it would be hilarious.

Two days after his arrest, Varela was released on charges. He was charged with crimes against a pipe dream called the international community, against the exercise of fundamental rights, and public freedoms by justifying genocide. The deputy chief of the General Department of Criminal Investigation, Juan Carlos Molinero, explained to the media that the operation had not been against the bookshop, already investigated in the 90’s, but against Ediciones Ojeda, the reason for which neither the bookshop nor the website had been closed. In reality it was legal sophistry used in order to attack Varela once again.

Page 6: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution

As we are here documenting the facts involving Pedro Varela, victim of the biggest attempt against freedom of expression and publication perpetrated in “democratic” Spain, it is pertinent to add that the government in power in Catalonia in April 2006 was known as the tripartito (tripartite), which came about after the signing of the Pact of Tinell. Presided by the socialist Pascual Maragall, the parties that formed part of it were the Partit dels Socialistes de Catalunya (Catalan Socialist Party), Iniciativa per Catalunya Verds-Esquerra Unida i Alternativa (an alliance of greens and vestiges of the communist party) and Esquerra Republicana de Catalunya (a Catalan leftist Republican party, whose emblem – admitted to by its leadership – is a masonic triangle). This government held political responsibility for the persecution in Spain of a person publishing books “contrary to the international community”, the majority of which were sold throughout Europe without any problems. As is known, when they want to criminalize a leader that somewhere in the world is opposed to the designs of the co-opted puppets at the forefront of powerful countries that unleash wars, these represent themselves as the “international community”. Then the state or nation that does not submit, is accused of “defying the international community”. In the unprecedented case that we have been relating, we understand now that there exists a list of prohibited books whose contents threaten an inconceivable abstraction called the international community. On the 7 November 2007 the Constitutional Tribunal finally issued their sentence (STC 235/2007) regarding the question of unconstitutionality raised by the provincial court respecting the second paragraph of article 607 in the Penal Code. The presiding judge was Eugeni Gay Montalvo. The ruling, after a full discussion of the extensive legal grounds, said quote:

In view of the above, the Constitutional Tribunal by the authority under the Constitution of the Spanish nation, has decided to partially estimate the present question of unconstitutionality, and therefore:

1) Declare unconstitutional the inclusion of the expression “deny or” in the first subsection of article 607.2 of the Penal Code. 2) Declare that the first subsection of article 607.2 of the Penal Code that punishes the dissemination of ideas and doctrines that justify the

crime of genocide is not unconstitutional, interpreted in terms of the 9th legal base of this sentence. 3) Reject the question of unconstitutionality in all others.

This sentence to be published in the Official State Newsletter, in Madrid, on the 7 November 2007.

In other words, after STC 235/2007, the dogma of faith of the Holocaust in Spain can be denied, as can be denied, for example, the Immaculate Conception, the existence of God, or any other dogma of the Church. The Constitutional Tribunal considered that said denial “remains in an area that does not justify the intervention of penal law, as it does not even constitute a potential danger to laws covered by the question at hand, meaning that its inclusion would infringe upon the right to free speech”. In the sentence it said textually that “the mere negation of the crime is in principal inane”. The Tribunal on the other hand did consider the diffusion “by any means” of ideas that justify genocide to be a crime. But this is not the case of the revisionists that we have mentioned above: none of them justifies, nor have they ever justified genocide. Pedro Varela assured time and again that he reproved of it in his declaration before the judge who condemned him to five years in prison. Two months after the ruling by the Constitutional Tribunal, the provincial court, nine years after its five year sentence against Pedro Varela, celebrated on the 10 January 2008 the appeal hearing against this sentence. Pedro Varela’s defense team had solicited more time to prepare, as the ruling by the Constitutional Tribunal was sufficiently important to study its legal implications well; however the their petition was denied. The prosecution and defense teams both reiterated their demands. Finally on the 6 March the judges of the provincial court made public their decision that partially estimated the appeal and reduced the sentence to seven months in prison. It considered that Varela had advocated genocide because of his dissemination of genocidal doctrines through the sale of books, but that he had not discriminated in a personal manner, so that he was absolved of the crime of incitement of racial hatred. Pedro Varela did not have to enter into prison and announced that he would appeal. In any case, the harassment of Varela was at its apogee, as following his arrest in April 2006 he continued to be free on charges, and was awaiting a new trial. It was on the 29 January 2010 that it took place in Penal Court no.11 in Barcelona. Obliged to abide by the ruling from the Constitutional Tribunal, which concluded that denying the Holocaust is not a crime, but justifying it is, the strategy now was to accuse the publisher of disseminating ideas that justified the Holocaust and incited racial hatred, despite the fact that Varela had always condemned all violence and genocide against any racial minority. The prosecutor Miguel Ángel Aguilar assured the court that ideas were not being judged, “but the dissemination of a doctrine of hate”. Among the books that were selected, the prosecutor cited fragments that served to support his ramshackle argument. Pedro Varela’s lawyers argued that the paragraphs selected by the prosecutor from more than a dozen books that were for sale at the Libreria Europa were taken out of

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context, and reminded the court that some of the books selected, such as Mein Kampf, could also be bought in retail bookstores. On the 5 March 2010, Estela María Pérez Franco, a substitute judge, unopposed, who was named discretionally in Penal Court no.11, issued a ruling on the 8 March. Within the sentencing documents there was a section where the judge dedicated fifteen pages of comments on the seventeen books that she ordered the destruction of. Let’s look at some of them. With Mein Kampf (36 copies seized), she insisted in citing fragments that alluded to race. It seems evident that this judge ignored the fact that the racial question has always been the reason for being of the Jewish people. It is enough to cite the shameful quote by Golda Meir, a venerated Zionist leader who was a Prime Minister of Israel, who said that “mixed marriages are worse than the Holocaust”. This racist, in reference to the Palestinians, once said: “The Palestinian people do not exist. They do not exist.” Did the judge consider whether Golda Meir hated the Palestinians? In Joaquín Bochaca’s Los crimenes de los buenos (Crimes by the Good, two copies seized), the judge condemned the quote “It was not the Arabs, but the good Jews, who were the implementers of terrorism in Palestine”. If this assertion is considered to be false, it needs to be questioned if in the moment of pronouncing her sentence against Pedro Varela, the judge had the remotest idea how the Zionist State was born. The inclusion of La lluvia verde de Yasuf (Yasuf’s Green Rain, 222 copies seized), a book by the Jewish author Israel Adam Shamir, among the books to be destroyed is remarkable. In the sentence the judge cites, among others, the following quote by Shamir: “Page 35, lines 3-6, ‘The world press, from New York to Moscow, passing by Paris and London, is perfectly controlled by Jewish supremacists; not even a grinding of teeth is heard without them first authorizing it beforehand.’” Does Estela María Pérez Franco think that Shamir is lying, and that he is an anti-Semite? Zionists could explain to her that they consider Jews who dare to criticize them, more than anti-Semites, as “Jews who hate themselves for being Jewish”. Israel Shamir, famous for his dedication to the Palestinian cause, is the author of a trilogy, which added to the book already cited, includes El espíritu de Santiago y Pardes (The Spirit of Santiago and Pardes), and Un estudio de la Cábala (A Study of the Kabala), both of which were also sold in the Libreria Europa. Two months before his trial, invited by Pedro Varela, Shamir participated in a series of lectures by the Libreria Europa: one on the 8 November 2009 in Madrid, and another the next day in San Sebastian. The title of the conferences was: The battle of discourse: The Yoke of Zion. If we analyze the quotes included in the sentencing documents, we could end up writing at least fifteen pages, the same number that Estela María Pérez redacted; but now we must turn our attention to the verdict, where the judge condemned Pedro Varela Geiss to a year and three months prison “as criminally responsible as the author of the crime of dissemination of genocidal ideas”, and a year and six months prison for “a crime committed against the fundamental Rights and the public Liberties guaranteed by the Constitution”. It is unsupportable sarcasm, a manifest injustice, that Varela was being condemned for a crime against fundamental rights, and constitutional liberties, when he was the actual victim of the infringement of these rights and liberties. The “seizure of all the books related to the proven facts… proceeding with the destruction of them after the final judgment” was also upheld. The sentence was not final until the end of October 2010. Previously, in May 2010, the provincial court considered the appeal, and was impartial enough to absolve Pedro Varela of the second crime, for which he had been condemned to one year and six months in prison; but it maintained the first: “dissemination of genocidal ideas”, for which he had been condemned to one year and three months. Finally, another judge in Barcelona, in Penal Court no.15, did not agree to the suspension of the conviction that Pedro Varela had requested. The judge made it known when ordering his entry into prison that she had considered the fact that he had another conviction of seven months from 2008, something which from a penal point of view “made it clear that there was a criminal trajectory that demonstrated his dangerousness”. Pedro Varela entered into prison on Sunday 12 December 2010. It was a sunny winter’s morning, with a cloudless sky, as was Pedro with regards to a criminal history. He arrived in a small caravan of cars, accompanied by a numerous group of friends and sympathizers who supported and encouraged him until the last moment. Written on a big banner held high by several people was the following: “For the right to inform. No more publishers sent to prison.” Another person had a sign reading: “Books are prohibited and publishers are imprisoned.” With admirable dignity, conscious of the need to provide an example of strength, Varela exhorted his friends to avoid discouragement. He evoked the imprisonment of Quevedo in the dungeons of San Marcos de Leon, and accepted that the time had come to face prison. He asked everyone to remind the world that books are persecuted and publishers are sent to prison. “We can achieve among us all that nobody else is imprisoned for this motive”, he said. After final hugs, kisses, and thanks to all of those present, he entered into the prison walls. He walked to the admission offices with applause and shouts of emotional support in the background: “We’re with you Pedro!”, “Bravo!”, and “We won’t forget you Pedro!” Fortunately he was not prohibited from writing letters, meaning he could redact a series of letters in cell 88 of Can Brians 1 prison, where he served his sentence. Later, these texts would be published under the title Cartas desde prisión. Pensamientos y reflexiones de un disidente (Letters from Prison. The Thoughts and Reflections of a Dissident).

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On the 8 March 2011, Isabel Gallardo Hernández, another substitute judge with Penal Court no.15 in Barcelona, issued a decree for the destruction of the condemned books to take place, as had originally been ordered on the 5 March 2010. We will cite part of this decree so that there is a record of the list of books prohibited in Spain, in theory a country where there is freedom of expression, and as a consequence, where prohibited books do not exist. “I ORDER: arrange the destruction of all copies of the following books:

1. Mein Kampf 2. Autorretrato de León Degrelle, un fascista 3. Hitler y sus filósofos 4. Hitler, discursos de los años 1933/1934/1935. Obras completas (tomo 1) 5. Los crímenes de los ‘buenos’ 6. Fundamento de biopolítica: olvido y exageración del factor racial 7. Raza, inteligencia y educación 8. Nobilitas 9. Hombre nuevo 10. Ética revolucionaria 11. Guardia de hierro. El fascismo rumano 12. Los protocolos de los sabios de Sión 13. Ecumenismo a tres bandas: judíos, cristianos y musulmanes 14. La lluvia verde de Yasuf 15. El pensamiento wagneriano 16. La historia de los vencidos (el suicidio de occidente). Tomo II 17. Manual del jefe. De la Guardia de Hierro

At the same time proceed with the destruction of Hitler’s bust, the iron Swastika, military helmets, photographs, and posters with a national socialist theme. Return the flags and office equipment to the convict.” To claim that all of this was done in the name of democracy, liberty, and fundamental rights is deplorable. We should ask ourselves why busts of historical figures, Swastikas, military helmets, photos, and posters need to be destroyed. If the reply is that Hitler was absolute evil, we should reply that communism has created some of the worst criminals in history. It should be known that there are no sentences to destroy busts of Lenin, Trotsky, Kaganovich, Beria, or Stalin, which are in people’s homes. It’s another thing that statues in public squares in some countries have been removed, if not destroyed by angry peoples after years of totalitarian communism.

Regarding the books, what can be said about the destruction of works that are read around the world and can be freely referenced in libraries around Spain? How can the prohibition of texts in Spain be accepted only because a court in Barcelona has considered that “the contents of the books reflects a disparagement to the Jewish people and other minorities”. It is an insulting sarcasm that books are destroyed which criticize Jews, meanwhile in Israel racial hatred is part of their education system. The Talmudists, who have a visceral hatred for Christians, teach in “Avodah Zarah” that “even the best of the goyim should be murdered”. Does this teaching not cause racial hatred and fanaticism of the worst kind? Maurice Samuel (1895-1972), a Zionist intellectual, in chapter 14 of his book You Gentiles, titled “We the Destroyers”, writes the following words to gentiles: “We, the Jews, are the destroyers and we will continue to be. Nothing that you do will satisfy our demands and needs. We will destroy eternally because we want the world to be ours”. Is this not a criminal racism? We can only suppose that judge Pérez Franco did not prevaricate, and if she had had sufficient erudition about the things she was judging she would not have ordered the burning, for example, of El pensamiento wagneriano (Wagnerian Thoughts, 12 copies seized), a work by the British thinker Houston Stewart Chamberlain, because on page 83 the author dares to write that “the influence of Judaism accelerates and favors the progress of degeneration pushing man towards a uncontrolled whirlwind that does not leave him time to recognize himself, nor become aware of this lamentable decadence…” The quote comes from the “proven facts” part of the distressing sentence of 5 March 2010. "From life's school of war: what does not kill me makes me stronger." This quote is from Nietzsche’s book Twilight of the Idols, and is perfectly describes Pedro Varela’s state of mind when he left Can Brians prison on the 8 March 2012. “From this moment on I will redouble my efforts”, he declared after expressing his determination to restart his activities in the bookshop and continue to fight against repression. A year later, on the 5 March 2013, the European Tribunal of Human Rights in Strasbourg ordered Spain to pay Varela €13,000, as they understood that the provincial court in Barcelona should have permitted him more time to prepare and exercise his defense more effectively, and with more time after the ruling by the Constitutional Tribunal in 2007. It was a moral victory, as Varela had solicited

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€125,000 in compensation. The judges of the court in Strasbourg considered unanimously that he was "only belatedly permitted knowledge of the change of indictment" of the crime for which he was sentenced to seven months in jail. The fact that the Libreria Europa and its owner had been able to continue with the conferences and reorganize its commercial and cultural activities did not go down well with its enemies. A dozen hooded thugs were sent on the 11 March 2014 to Seneca Street. This valiant group arrived at the bookshop around 10:30 in the morning, with the insolence of someone who knows there will be no consequences, and began their attack: from the street they smashed the display windows and threw pots of paint at the books and shelves. Fortunately none of the employees inside were injured. According to witnesses, the group numbered around twenty people, but only those with hoods attacked violently. Pedro Varela filed a complaint with the police, with little hope that it would lead to any arrests, judging by past experience. Germany, a state which chases its own shadow, could not remain on the sidelines, without participating in the harassment of the Spanish publisher. Their appearance in the persecution came about in February 2009, when the German Consulate in Barcelona filed a complaint against Pedro Varela for commercializing Mein Kampf without the authorization of the State of Bavaria. The publication of the book in Germany was a crime until 30 April 2015, the date on which, seventy years after Hitler’s death, the book went into the public domain. On this pretext, the indefatigable Miguel Ángel Aguilar, a “progressive” jurist following in the footsteps of Baltasar Garzón, Santiago Vidal, José María Mena, and others of their style, and known as the “hate prosecutor” because of his position as head of Barcelona’s Prosecution Service against Hate and Discrimination Crimes, accused Pedro Varela in September 2015 of a crime against intellectual property, a crime which has obviously nothing to do with hate and discrimination. The hate prosecutor asked submissively for two years of prison for Varela, a three year disqualification as a publisher, and a fine of €10,800 for publishing a book without authorization and license, even while knowing that the rights to the book belonged to the German State of Bavaria after a sentence by the Bavarian Chamber of Justice. Also, he demanded another fine of €216,000 and compensation of €67,637 for the State of Bavaria. Regarding the rights to Hitler’s works, we know that Paula Hitler, the Fuhrer’s sister, had confided in Francois Genoud, “Sheik Francois” (see note 19), the publishing management of several of her brothers texts, including Mein Kampf. The Swiss banker was working on the drafting of a global agreement with her to obtain the rights to all of Adolf Hitler’s works, but Paula died in 1960. It was then that the Bavarian Authorities, who had obtained the contract between Hitler and the publishing house of the NSDAP (Franz Eher Verlag), anxiously claimed the rights for the State of Bavaria. Whatever the case, the hatred towards Pedro Varela should be plain to see, seeing as Mein Kampf has been sold and continues to be sold throughout the world. In India for example, Hitler is a cult author. His most famous book has become a classic which has long been a top seller. It can be bought in street stalls and from time to time reaches the top ten bestsellers. Pedro Varela’s lawyer, Fernando Oriente, rejected in his defense argument that the Bavarian State and the German Federal Republic had the rights, and argued that the German consul “lacked any legitimacy”. The lawyer reminded the court that the first edition of the book in Spain was in 1935, and that the copyright of a person passed away before 7 December 1987 is free, as stated by a 1996 Royal Decree concerning the Law of Intellectual Property. Varela’s lawyer lamented that the intention of Bavaria was to “act as a censor of thought, impeding the free dissemination of ideas which is enshrined in the Constitution”. On the 28 January yet another headline in El Pais in Catalonia announced more bad news for Varela: “Prosecutors investigate a neo-Nazi act in the Libreria Europa.” The story reads: “A historical leader of the far-right, Ernesto Mila, will present his new book El tiempo del despertar (Awakening Times), which exalts the rise of Nazism.” In other words, the hate prosecutor considers the presentation of a book to be a criminal act. After burying more than 100 million victims of communism throughout the world, after the oppression of this ideology in half of Europe for 50 years, to discourse about communist champions continues to be “progressive”, but if the speaker is a “neo-Nazi”, we find ourselves faced by absolute evil, apologia of National Socialism, racial hatred, and antisemitism. Unfortunately, vindictiveness, rancor, and hate, are normal things today in Spain, but they are nested in the hearts of “antifascists”, always so democratic. Eighty years after the civil war, enabled by a Law of Historical Memory which is used by one side to remind us only of the crimes of the other side in the fratricidal war, the parties of the “progressive left”, who have come to power thanks to alliances against the most voted party, dedicate themselves to destroying monuments, removing plaques in memory of murdered priests, changing street names, etc. Full of pride and moral superiority, as usual, they exhibit an intolerance and a fanaticism that threatens concord and reconciliation between Spaniards, which seemed assured thanks to the Constitution of 1978. Because of this bad atmosphere, it is reasonable to suspect that the persecution against Pedro Varela will not cease.

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Post Scriptum Lamentably, months after concluding the above history, our suspicion has become a reality: on the 7 July 2016 a new complaint presented by the state prosecutor against the Ediciones Ojeda cultural association and its vice-president Pedro Varela was presented to court number 18 in Barcelona. The complaint was also directed against Carlos Sanagustin Garcia, Antonio de Zuloaga Canet, and Varela’s two secretaries, all associated with the association and the Libreria Europa. Judge Carmen García Martínez ordered immediate “urgent precautionary” measures, which included: the termination of activities of by Ediciones Ojeda, the closure of the Libreria Europa, and the blocking of its two web pages. Absurdly, the hate prosecutor cited article 510.1 a, of the Spanish Constitution, which alludes to Fundamental Rights and Public Liberties, to proceed with his merciless harassment against Varela. On Friday 8 July, the Catalan police arrested the Libreria Europa’s two secretaries, both Romanian, in their family homes, and the members of the Ediciones Ojeda cultural association. Pedro Varela was not at home, as he was camping at the time with his small daughter in the Spanish mountains. In the afternoon they went to the Libreria Europa, and took 15,000 books and the recently purchased Apple computers from the office. The bookshop was sealed shut. At seven in the morning on the same day the police also raided Pedro Varela’s home. Along with the computers, detectives took all the family funds that were kept in the house. After finding out that an arrest warrant had been emitted, Pedro Varela emitted his own communication announcing that he would voluntarily present himself at the court, which he did on the 15 July. Accompanied by his lawyers, the bookseller and publisher arrived at court no.9, which had emitted the arrest warrant. He refused to declare. The hate prosecutor Miguel Ángel Aguilar asked for his entry into prison arguing that there was a risk that he would flee the country, and that his crimes were reiterated. The judge set a bail of €30,000, a quantity which Varela could not pay. Luis Gómez y Javier Berzosa, his lawyers, attempted to reduce the amount. They argued that their client was not a rich man, and could not use the money he had kept at his house as it had been taken by the police. His lawyer insisted: “All he had was taken when they registered his house.” Unsuccessful in their attempts, Varela entered into prison, however, to the great surprise of Pedro and his lawyers, that same day a friend, who works a humble job in a hotel, unexpectedly came up with the money to pay the bail, and Pedro regained his freedom that night.

Regarding the other detainees, after spending 48 hours in detention, they were freed charged with promoting hate and discrimination for participating in the “organization of conferences in the bookshop where the Nazi genocide is exalted and justified, and the Jewish Holocaust is denied”. The prosecution wanted the two men imprisoned, the President and Treasurer of the Ediciones Ojeda cultural association, but the judge let them free. A few days after the sealing of the Libreria Europa, a splendid wreath of flowers was left at the shuttered door with the following inscription: “For Culture and Freedom to the Libreria Europa.” On the 18 July, Esteban Ibarra, a supposed champion of tolerance that presides the “Movement against Intolerance”, an NGO that has received seven million euros in public grants since 1995 (and large quantities from the financial shark and Zionist George Soros), presented his own complaint against Pedro Varela and others linked to the bookshop and publishing association. Ibarra announced that he would lead the popular action, and counted with the participation of the Spanish Federation of Jewish Communities, The International League against Racism, The Barcelona Jewish Community of Bet Shalom, etc. To finish off the public lynching against one man, Barcelona’s City Council announced via its Deputy Mayor Jaume Asens, responsible for human rights in his party Podemos, that the City Council would become involved in the cause because of an “offense against the whole city”. Jaume Asens, an “antisystem” activist converted into separatist, declared that the “Libreria Europa was the headquarters of the far-right in the city”. In Spain during Franco’s regime censorship existed, which actually protected booksellers, because they knew which books they could not sell. Now censorship does not exist in Spain, and no bookseller should have to worry. However, as we have seen, one man able to cause “offense against the whole city” because of the sale of books is mercilessly persecuted. Many of us fear that on this occasion Pedro Varela’s enemies are determined to lock him up forever in a prison of silence. After more than twenty years of persecution, Varela has become a legendary dissident in Spain, and one of the more tenacious in Europe. His convictions and dignity as a person are exemplified in a model attitude of peaceful resistance. His fight for freedom of

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speech and thought deserve the recognition not only of those who share his revisionist viewpoints, but those who really believe in freedom.

Other Booksellers and Publishers Persecuted in Catalonia The case that follows confirms the injustice committed against Pedro Varela. Known as the case of the Libraria Kalki, it affected four booksellers and publishers who were eventually acquitted by the Supreme Tribunal while Varela, also a bookseller and publisher, was serving a prison sentence for identical acts. Many different conclusions could be drawn, that we will leave for the end. Now we will just briefly narrate the events after detailing some more information about those involved: Oscar Panadero, Ramón Bau, Juan Antonio Llopart, and Carlos Garcia, convicted by the Provincial Court of Barcelona for spreading genocidal ideas on the 28 September 2009. The first, Oscar Panadero, son of a leading member of the Unified Socialist Party of Catalonia, nephew of Anarchists, and grandson of Falangist’s, he listened as a boy to arguments in favor of the three ideological creeds and ended up choosing National Socialism. Born in Barcelona in 1977, he abandoned his studies having achieved excellent grades, and opted for an autodidactic education. Neither his teachers nor parents managed to convince the young adolescent, who stated that he would not continue in an education system that taught falsities. After passing through associations such as Alternativa Europea (European Alternative), and the Movimiento Social Republicano (Republican Social Movement), he ended up at the Círculo de Estudios Indoeuropeos (Circle of Indo-European Studies), whose president was Ramon Bau. In January 2003, after selling his house and leaving a good job, he inaugurated the Libreria Kalki, where he was owner and administrator. Only six months later his political persecution began: on the 8 July of 2003, and the 25 May 2004, the Catalan police raided the establishment and, as in the case of the Libreria Europa, they seized thousands of books and magazines, catalogues, flyers, etc. The second, Ramón Bau, also from Barcelona, began participating in CEDADE when he was seventeen years old, and together with Pedro Varela worked in the publishing activities of the organization. Bau collaborated closely with Varela and eventually became secretary general. In 1984 he founded Ediciones Bau, Bausp and Wotton and published more than a thousand magazines. In July 1998 he founded the Círculo de Estudios Indoeuropeos. Bau, an intellectual who is knowledgeable in many things, apart from being a convinced National Socialist, is a declared Wagnerian. Juan Antonio Llopart, the third of those persecuted, was born in Molins de Rei, Catalonia, in the heart of a Falangist family. Founder of the publishing house Ediciones Nueva Republica, he was also the driving force behind the Nihil Obstat magazine. Through Ediciones Nueva Republica Llopart sponsored and organized Dissident Conferences which were attended for several years by international personalities, countercurrent fighters in the sphere of culture. He is the author of several books and has collaborated in different publications. The forth, Carlos Garcia, a member of Círculo de Estudios Indoeuropeos and also a Falangist, is a declared scholar of National Socialism. Secretary for Oscar Panadero, he explained a significant anecdote about his arrest: in 2004 when ten police broke into his home, the detective who did the speaking had a communist red star pinned to his lapel. Garcia thinks that it was their way of letting him know who was going after him. After being arrested in a humiliating fashion, and spending several days detained in the cells, a judicial process was initiated against them in Court no.4 in Sant Feliu de Llobregat, a town outside of Barcelona. After the first hearing, the trial was moved to a court in Barcelona, which on the 28 September 2009 gave its sentence. The four received sentences of up to three and a half years for the crimes of dissemination of genocidal ideas, against fundamental rights and freedoms, and illicit association. Ramon Bau and Oscar Panadero received three and a half years; Carlos Garcia, three years; Juan Antonio Llopart was not condemned for illicit association, meaning that his prison sentence remained at two and a half years. The lawyers filed an appeal to the Supreme Tribunal for a violation of law and constitutional precept, as well as for a breach of form. On the 12 April 2011 the Supreme Tribunal delivered its judgement 259/2011, delivered by Miguel Colmenero Menéndez de Luarca. The ruling considered that there was reason for an appeal on points of law and constitutional precept, as well as for breach of form. Consequently, the defendants were acquitted of the crimes for which they were being convicted and all the other pronouncements by the court in their sentence were rejected. The sentence consisted of 218 pages. In the section "Foundations of Law" they gave the same arguments, put forward at the time by Pedro Varela’s defense lawyers, which had been rejected by the Catalan courts that had tried and convicted him. Here is a quote from that section:

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“Therefore, in the case of publishers and booksellers, possession of some copies of such works, to a greater or lesser number, in order to proceed with their sale or distribution, the same as would happen with many other works of a similar theme, or even profoundly contrary to them but equally discriminatory or excluding, does not mean by itself an act of dissemination of those ideas more than the mere fact that they are making the documentation available to possible users, and as a result, nothing out of the ordinary for their profession, without, although they do contain some form of justification of genocide, signifying a direct incitement to hate, discrimination, or justification of genocide, or indirect commission to constituent acts of genocide, and it cannot, although these works contain concepts, ideas or discriminatory doctrines or offense to groups of people, be considered that only with these acts of dissemination a climate of hostility can be created which results in concrete danger though specific acts of violence against them. It is not described in the proven facts, as would be necessary to apply the ruling, any act of promotion, publicity, public defense, recommendation, exaltation, incitement, or similar charges against the accused referring to the goodness of the ideas or doctrines contained in the books that they edit, distribute, or sell because of their pro-Nazi contents, discrimination or conducive to genocide or justification of it, or for the convenience of acquiring them for the knowledge and development of them, or that gives advice in any way on how to put them in practice, which could be considered activities of dissemination, which would have greater reach and be different to editing certain works or have copies available for potential customers. Nor is it seen in the alleged acts within the proven facts an exaltation of Nazi leaders because of their discriminatory or genocidal ideas, so without prejudice by the opinion that we hold about these people, in relation to what has been said so far, it cannot be considered an incitement to genocide or an activity the purpose of which is the creation of a hostile environment that could lead to specific acts against the people offended, or groups that they form part of.”

Put in plain language, the fact that booksellers or publishers, during the exercise of their professional activity, sell or edit certain books, does not mean that they justify genocide, hate, or violence against anybody. The Supreme Tribunal, and this would be applicable to the case of Pedro Varela, did not consider that in the “proven facts” there was anything related to acts of promotion or justification of the practice of the ideas contained in the published books. Nor did it agree that any incitement to genocide could be attributed to the accused in the alleged acts within the reported facts. With regards to the accusation that the defendants formed part of an illicit association, the Supreme explained in the sentence that “it is not enough to accredit the ideology of the group or its members”, and considered that the data available did not reveal that the group was a “structured organization with the means to permit it to transform ideological orientation in favor of discrimination”.

STC 235 of the 7 November 2007, and Sentence no.259 of the 12 April 2011 by the Supreme Tribunal protect the rights to ideological freedom and expression, by which any idea can be defended and disseminated. However, instead of celebrating two sentences that protect everybody’s freedom, some “progressive” media, always servile to the voice of their masters, ripped their garments and considered that the sentences amounted to a regression. In other words, when judges and prosecutors act in favor of certain interests, although they restrict fundamental rights, they consider them exemplary sentences; but in contrary cases the magistrates are signaled as conservative. In their sectarianism, this media and the groups that hide behind them ignore that the Constitution does not prohibit ideologies, even if they fall on one extreme of the political spectrum or the other. According to the judges in the Supreme Tribunal, the Constitution does not “prohibit ideologies”, so that “ideas as such should not be criminally prosecuted”. The Supreme insisted that tolerance of all types of ideas permits the acceptance of even those that question the Constitution itself, “however much they are considered objectionable”. In definitive, the Supreme Tribunal supported the jurisprudence of the Constitutional Tribunal, according to which “freedom of opinion is protected for all, however wrong or dangerous it may seem to the reader, even those that attack the democratic system. The Constitution also protects those who deny it”. The sentence by the Supreme amounted to a hard setback, a blow, to the provincial court in Barcelona. When it occurred, Pedro Varela was still in Can Brians prison. In June 2011, half a year after entering voluntarily, the prison board denied his permission to see his small daughter and her mother, who he had not seen since entering prison. Since the responsibility for penitentiary decisions belongs to the Catalan government, it is evident that the prison officials were obeying political instructions from the government and their proposals in favor of Varela were blocked by the hate prosecutor Miguel Angel Aguilar, denying any penitentiary benefits to the prisoner. Pedro Varela had requested early release and it had been denied. On the 3 March 2011, he presented an appeal against the denial. I f they had wanted to do justice, as soon as the decision by the Supreme which absolved the four booksellers and publishers, condemned for the same crimes, had been known, the correspondent penitentiary court should have resolved the appeal against the denial of early release, and officially urged his conditional freedom. Even though the Supreme Tribunal did not consider the facts that he was in prison for to be a crime, Varela was forced to complete the entire sentence. Once again this proved that his case was political and had nothing to do with equality and justice.

Page 13: Let us Remember - WordPress.com · Let us Remember PEDRO VARELA: PRINCIPAL VICTIM OF PERSECUTION IN SPAIN BETWEEN 1996 AND 2016: In Spain, the most blatant cases of political persecution