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Criminalizing History

Legal Restrictions on Statements and Interpretations of the Past in Germany, Poland, Rwanda, Turkey and Ukraine

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Edited By Klaus Bachmann and Christian Garuka

Why do states ban certain statements and interpretations of the past, how do they ban them and what are the practical consequences? This book offers an answer to these questions and at the same time examines, whether the respective legislation was supply-or demand-driven and how prosecutors and courts applied it. The comparison between Germany, Poland, Ukraine, Rwanda and Turkey offers several surprising insights: in most countries, memory law legislation is supply driven and imposed on a reluctant society, in some countries they target apolitical hooligans more than intellectuals or the government’s political opponents. The book also discusses, why and how liberal democracies differ from hybrid regimes in their approach to punitive memory laws and how such laws can be tailored to avoid constraints on free speech, the freedom of the press and academic freedoms.

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Index of names and notions

Extract

(Italics indicate legal concepts, case names and key words)

A

Art. 17 ECHR 145–160, 164, 167, 168

Atatürk, Mustafa Kemal 20, 22, 107–110, 114–120, 122–125, 171

Austria 32, 97, 144, 149, 152–154, 159

Axel Springer AG 165

Ayşenur Zarakolu 113

B

Bachmann, K. 15, 17, 21, 23, 25, 53, 54, 128, 137, 169, 175

Bakiner, O. 112

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