Spain’s Constitutional Court declared last week that denial of the Holocaust is no longer a crime, although justification of the Holocaust or of any other genocide is still punishable by law; the EJP reports.

The November 8 decision resolves an issue of unconstitutionality that had been raised by a lower court in Barcelona, stemming from the appeal of a five-year sentence that had been imposed in 1998 on Pedro Varela, owner of the extreme-rightwing bookshop Europa, known for its neo-Nazi connections.

Varela’s conviction for Holocaust denial, defence of genocide, and incitement to hatred, discrimination and racial violence – the first in Spain for these crimes – was hailed at the time by human rights organizations as a landmark decision.

The Constitutional Court made its decision public because a leak to the media had been causing some confusion as to its content.

Although the complete text is due to be released later this week, numerous journalists, human rights and other organizations have already condemned the judgment as a step backward and contrary to EU principles.