Topic of the day 09:23 02/04/2014

Text of Swiss appeal to European Court on Armenian Genocide disclosed

By Harut Sassounian
Publisher, The California Courier

Two weeks ago — on the last day of the three-month deadline — the Swiss government decided to file an appeal with the European Court of Human Rights (ECHR) on the Perincek vs. Switzerland lawsuit.

Even though the text of the Swiss appeal has been kept under seal pending ECHR’s consideration, I was able to obtain a copy in French. This is the first time that the content of the Swiss appeal appears in the media.

The ECHR ruled on Dec. 17, 2013, that Swiss courts had violated the rights of Dogu Perincek, a minor Turkish party leader, who had traveled to Switzerland in 2005 with the explicit purpose of denying the Armenian Genocide. He had dared the Swiss authorities to arrest him for calling the Genocide “an international lie.”

Following his conviction for violating a Swiss law on racial discrimination, denial of genocide, and other crimes against humanity, Perincek appealed his sentence all the way to the Federal Tribunal, the highest court in Switzerland, which confirmed his guilt. He then applied to the European Court of Human Rights, accusing Switzerland of violating many of his rights, including that of free speech. Surprisingly, five of the seven ECHR judges exonerated Perincek, finding that Switzerland violated certain provisions of the European Convention.

If left unchallenged, ECHR’s ruling would have been a major setback for recognition of the Armenian Genocide, particularly before the worldwide commemoration of the Centennial of the Genocide to be held on April 24, 2015. Even more importantly, by exceeding their mandate on the alleged infringements of Perincek’s rights, the majority of the ECHR judges raised questions about the validity of the Armenian Genocide. They also drew unwarranted and superfluous distinctions between the Armenian Genocide and the Jewish Holocaust, ruling that punishing the deniers of the former is illegal, while convicting those denying the latter is proper.

Given the detrimental consequences of this unjustified ruling on the Armenian Cause, the government of Armenia, Armenian communities worldwide, and Swiss-Armenians in particular, lobbied Switzerland to make sure that it appeals ECHR’s decision in the Perincek case. In reality, the Swiss authorities should not have needed any prodding from Armenians, since they had an obligation to defend the judgments of their own courts, including the Federal Tribunal, and the integrity of their country’s legal system!

The six-page Swiss appeal, filed on March 17, 2014, asserted that ECHR’s ruling raised “serious questions regarding the interpretation and application” of the European Convention on Human Rights for the following three reasons:

– The ruling involves an issue — the Armenian Genocide — that has never been considered by ECHR. This case raises two fundamental juridical questions that the Court has not dealt with: The juridical qualification of the Genocide and the scope of freedom of expression, when a state party to the Convention, in the framework of fighting racism, criminalizes the denial of genocide.

– The ruling reduces in an undue manner “the margin of appreciation” available to Switzerland under the jurisprudence of ECHR. Perincek had repeatedly stated that he would never change his mind on the Armenian Genocide. His denialist position is “particularly offensive.” The Court’s contention that such a person would bring any value to “the debate and historical research” on this issue “is a departure from ECHR’s established and balanced jurisprudence.”

– The ruling creates “artificial distinctions.” Perincek does not simply contest the use of the term genocide, but qualifies the Armenian mass killings as an “international lie.” Furthermore, even though there has not been an international verdict in the case of the Armenian Genocide, the Turkish Court’s 1919 verdict against the masterminds of the Armenian Genocide “constituted an element of reliable evidence, acknowledging the facts or unfavorable conduct” relative to the World Court’s jurisprudence. Furthermore, even “the Nuremberg Tribunal did not mention the term genocide and did not convict the Nazi perpetrators for committing genocide, but crimes against peace, war crimes, and crimes against humanity.”

The Swiss appeal has provided compelling arguments and convincing evidence that five of the seven ECHR judges made serious judgmental and factual errors in delivering a ruling in favor of Perincek and against Switzerland.

A panel of five new ECHR judges will now decide whether to refer Switzerland’s appeal to the 17-judge Grand Chamber for a final determination.

 


 



Source Panorama.am
Share |
Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

17:00
Rain, snow expected in Armenia on Tuesday
Rain and snow are expected in some parts of Armenia on Tuesday and over the weekend. Clear weather is forecast for the next three days....
16:45
Melania Trump expected to skip White House meeting with Jill Biden
Melania Trump is not expected to attend the traditional White House meeting with first lady Jill Biden, CNN reported, citing sources...
16:31
Urartu names new director
FC Urartu has named Davit Shakhbagyan as the club’s new general director. The specialist has been part of the club since 2015, it said...
16:06
Ruling party blocks statement on Armenian prisoners
The parliamentary faction of Armenia's ruling Civil Contract party on Tuesday blocked a statement demanding the release of...
15:30
Negotiations with Snoop Dogg continue for Yerevan concert, ministry says
The new date for the concert of famous American rapper Snoop Dogg in Yerevan remains unknown. The concert, which was initially scheduled for...
15:02
India reportedly ships first Akash air defence missile system battery to Armenia
India marks another milestone in its defence export as it shipped the first Akash weapon system battery to Armenia. This is the second missile...
14:34
Trump picks Kristi Noem as his Homeland Security secretary
President-elect Donald Trump has selected South Dakota Gov. Kristi Noem as his next secretary of the Department of Homeland Security, CNN...
14:15
Four arrested after raids at Yerevan district administration
Four people, including officials, were arrested on Tuesday after law-enforcement authorities raided Yerevan's Kentron district...
13:36
Armenian Foreign Ministry explains Mirzoyan's statement on customs simplifications with Azerbaijan
At the ministerial meeting of the 3+3 regional consultative platform held in Istanbul on October 18, Armenian Foreign Minister Ararat Mirzoyan...
13:08
Bitcoin tops $89,000
Bitcoin’s record-breaking rally took the digital asset past $89,000 and lifted the overall value of the crypto market above its...
12:36
Armenia sees rise in pneumonia mortality rate
World Pneumonia Day is observed annually on November 12 to raise awareness about pneumonia, a life-threatening but preventable and...
12:13
Opposition urges parliament majority to join statement on Armenian prisoners
The opposition Hayastan and Pativ Unem factions in the Armenian parliament have initiated a special sitting on the issue of Armenian prisoners...
11:36
Presidential office denies reports of Vahagn Khachaturyan's hospitalization
The Armenian presidential office has denied reports about President Vahagn Khachaturyan’s hospitalization. “Reports alleging...
11:15
WCC, World Evangelical Alliance and global partners call for immediate release of Armenian prisoners
The World Evangelical Alliance, in collaboration with the World Council of Churches (WCC), Christian Solidarity International, and a coalition...
11:00
Michel, Aliyev discuss Armenia-Azerbaijan normalization
European Council President Charles Michel discussed the Armenia-Azerbaijan normalization process with Azerbaijani President Ilham Aliyev....
17:17
Armenia wins six medals at World Sambo Championships
Armenian sambo fighters captured six medals, including two silver and four bronze, at the 2024 World Sambo Championships held in Astana,...
16:57
Azerbaijani regime ethnically cleansed Nagorno-Karabakh, new report says
The Azerbaijani regime engaged in ethnic cleansing against the ethnic Armenian population of Nagorno-Karabakh, according to a report released...
16:36
Armenian church leader off to India
Catholicos of All Armenians Karekin II on Monday travelled to India on a patriarchal visit at the invitation of the church department of Kolkata...
16:16
Deputy FM: Yerevan, Baku still disagree on some issues
Armenian Deputy Foreign Minister Vahan Kostanyan says that differences remain with Azerbaijan over the draft text of a peace treaty....
15:32
Armenian MP: Azerbaijan toughened rhetoric ahead of COP29
Azerbaijan’s rhetoric has significantly toughened ahead of COP29, Armenian opposition MP Tigran Abrahamyan says. “Its causes are...
15:14
Georgia president calls for fresh parliamentary elections
Georgian President Salome Zurabishvili on Monday called for fresh parliamentary elections to resolve a crisis sparked by last month's vote...
14:50
Armenian Interior Ministry suspends surveillance bill
The Armenian Interior Ministry has suspended a bill on the mandatory installation of video surveillance systems with 24-hour police access...
14:15
Armenian GM beats Azeri rival at European Individual Chess Championship
The European Individual Chess Championship 2024 is being held in Petrovac, Montenegro from 7-20 November. After 3 rounds, GM Robert...
13:59
Armenian parliament commission's report on 2020 war probe ready, senior MP says
The Armenian parliament commission has completed its report on the outcome of a probe into the circumstances of the 2020 Artsakh war, senior...
13:20
Trump plans to return bust of Winston Churchill to White House
Donald Trump has vowed to return a bust of Winston Churchill to the Oval Office as a 'mark of respect', the Daily Mail reports....
13:05
Numerous archaeological materials found at excavations in Armenia's Ohanavan
Excavations have resumed at the newly-discovered early medieval rock-hewn tomb in the Ohanavan community of Armenia's Aragatsotn Province...
12:46
Australia plans social media ban for children under 16
Australian Prime Minister Anthony Albanese announced Thursday what he called a "world-leading" plan to implement a social media ban...
12:36
Armenia's Arsen Khandzhian wins silver at World Sambo Championships
Armenian sambo fighter Arsen Khandzhian captured a silver medal at the 2024 World Sambo Championships held in Astana, Kazakhstan,...
12:23
Junior Eurovision: Armenia's Leo had his first rehearsal
Armenia's delegate Leo had his first rehearsal at the Junior Eurovision Song Contest 2024 in Madrid on Sunday. Leo was joined on stage...
17:10
Opposition MP urges end to 'disgraceful' chapter of Pashinyan's rule
Opposition lawmaker Tigran Abrahamyan has reacted to Azerbaijani President Ilham Aliyev’s threats against Armenia and “derogatory...

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}