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Holocaust denier to be released Holocaust denier to be released
(about 1 hour later)
An Austrian court has ruled that UK historian David Irving - jailed for denying the Holocaust - should be released on probation.An Austrian court has ruled that UK historian David Irving - jailed for denying the Holocaust - should be released on probation.
The appeals court in Vienna had heard calls for both a reduction and increase in the three-year sentence.The appeals court in Vienna had heard calls for both a reduction and increase in the three-year sentence.
Irving was convicted in February in a case that sparked international debate about the limits of freedom of speech.Irving was convicted in February in a case that sparked international debate about the limits of freedom of speech.
In 1989 he spoke in Austria denying the existence of gas chambers at Auschwitz, though he later said he was "mistaken".In 1989 he spoke in Austria denying the existence of gas chambers at Auschwitz, though he later said he was "mistaken".
Irving on Wednesday welcomed his release and said he was "fit and well".Irving on Wednesday welcomed his release and said he was "fit and well".
The 68-year-old said he would urge an academic boycott of historians from Germany and Austria until the nations stopped jailing historians.The 68-year-old said he would urge an academic boycott of historians from Germany and Austria until the nations stopped jailing historians.
"I was put in prison for three years for expressing an opinion 17 years ago," he said."I was put in prison for three years for expressing an opinion 17 years ago," he said.
Intense debateIntense debate
The BBC's Kerry Skyring in Vienna said the presiding judge converted the remaining two years of Irving's jail term to a provisional sentence, upholding his appeal.The BBC's Kerry Skyring in Vienna said the presiding judge converted the remaining two years of Irving's jail term to a provisional sentence, upholding his appeal.
The conditions of the probation are not yet known, including whether Irving will be able to leave Austria.The conditions of the probation are not yet known, including whether Irving will be able to leave Austria.
COUNTRIES WITH LAWS AGAINST HOLOCAUST DENIAL AustriaBelgiumCzech RepublicFranceGermanyIsraelLithuaniaPolandRomaniaSlovakiaSwitzerland Timeline: David Irving Denying the HolocaustCOUNTRIES WITH LAWS AGAINST HOLOCAUST DENIAL AustriaBelgiumCzech RepublicFranceGermanyIsraelLithuaniaPolandRomaniaSlovakiaSwitzerland Timeline: David Irving Denying the Holocaust
But his lawyer, Herbert Schaller, said: "He is free, and he can leave, and he will leave."But his lawyer, Herbert Schaller, said: "He is free, and he can leave, and he will leave."
Irving is expected to be released from custody later on Wednesday.Irving is expected to be released from custody later on Wednesday.
Both the prosecution and defence had challenged the length of the sentence. The crime carries a prison term of up to 10 years.Both the prosecution and defence had challenged the length of the sentence. The crime carries a prison term of up to 10 years.
The 1992 law targets "whoever denies, grossly plays down, approves or tries to excuse the National Socialist genocide".The 1992 law targets "whoever denies, grossly plays down, approves or tries to excuse the National Socialist genocide".
Irving's release on probation has dismayed Jewish groups.Irving's release on probation has dismayed Jewish groups.
Lord Janner, vice-president of the World Jewish Congress and president of the Commonwealth Jewish Council, said: "I am sorry that he did not serve out his full term, and I hope he will remain in Austria and not return to the United Kingdom, where he will not be welcome."Lord Janner, vice-president of the World Jewish Congress and president of the Commonwealth Jewish Council, said: "I am sorry that he did not serve out his full term, and I hope he will remain in Austria and not return to the United Kingdom, where he will not be welcome."
Asked about Irving's comments about historians being put in prison, Lord Janner said: "I do not believe that he was put in prison because he was a historian. And historians should be treated in the same way as anyone else."Asked about Irving's comments about historians being put in prison, Lord Janner said: "I do not believe that he was put in prison because he was a historian. And historians should be treated in the same way as anyone else."
Irving was arrested in November last year on a motorway in southern Austria. He was visiting to give a lecture to a far-right student fraternity.Irving was arrested in November last year on a motorway in southern Austria. He was visiting to give a lecture to a far-right student fraternity.
The conviction had sparked intense debate, with supporters saying it was fully justified but opponents arguing it undermined the right of freedom of speech.The conviction had sparked intense debate, with supporters saying it was fully justified but opponents arguing it undermined the right of freedom of speech.
At the initial trial, Irving had said it was "ridiculous" he was being tried for expressing an opinion and that he had changed his views on the Holocaust.At the initial trial, Irving had said it was "ridiculous" he was being tried for expressing an opinion and that he had changed his views on the Holocaust.

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