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Denying Armenian ´genocide´ is no crime: European court
1.       si++
3785 posts
 03 Jan 2014 Fri 03:40 pm

From: http://www.reuters.com/article/2013/12/17/us-switzerland-turkey-genocide-idUSBRE9BG0O820131217

(Reuters) - Denying that mass killings of Armenians in Ottoman Turkey in 1915 were genocide is not a criminal offence, the European Court of Justice ruled on Tuesday in a case involving Switzerland.

The court, which upholds the 47-nation European Convention on Human Rights, said a Swiss law against genocide denial violated the principle of freedom of expression.

The ruling has implications for other European states such as France which have tried to criminalize the refusal to apply the term "genocide" to the massacres of Armenians during the breakup of the Ottoman empire.

A Swiss court had fined the leader of the leftist Turkish Workers´ Party, Dogu Perincek, for having branded talk of an Armenian genocide "an international lie" during a 2007 lecture tour in Switzerland.

Turkey accepts that many Armenians died in partisan fighting beginning in 1915 but denies that up to 1.5 million were killed and that it constituted an act of genocide - a term used by many Western historians and foreign parliaments.

"Genocide is a very narrowly defined legal notion which is difficult to prove," the court said.

"Mr Perincek was making a speech of a historical, legal and political nature in a contradictory debate."

The court drew a distinction between the Armenian case and appeals it has rejected against convictions for denying the Nazi German Holocaust against the Jews during World War Two.

"In those cases, the plaintiffs had denied sometimes very concrete historical facts such as the existence of gas chambers," the court said. "They denied crimes committed by the Nazi regime that had a clear legal basis. Furthermore, the facts they denied had been clearly been established by an international tribunal."

The judges cited a 2012 ruling by France´s Constitutional Council which struck down a law enacted by then President Nicolas Sarkozy´s government as "an unconstitutional violation of the right to freedom of speech and communication".

Switzerland has three months to appeal against the ruling.

---

Huh?

2.       alameda
3499 posts
 04 Jan 2014 Sat 06:16 am

what is the meaning of your "huh?"

Quoting si++

From: http://www.reuters.com/article/2013/12/17/us-switzerland-turkey-genocide-idUSBRE9BG0O820131217

(Reuters) - Denying that mass killings of Armenians in Ottoman Turkey in 1915 were genocide is not a criminal offence, the European Court of Justice ruled on Tuesday in a case involving Switzerland.

 

The court, which upholds the 47-nation European Convention on Human Rights, said a Swiss law against genocide denial violated the principle of freedom of expression.

 

The ruling has implications for other European states such as France which have tried to criminalize the refusal to apply the term "genocide" to the massacres of Armenians during the breakup of the Ottoman empire.

 

A Swiss court had fined the leader of the leftist Turkish Workers´ Party, Dogu Perincek, for having branded talk of an Armenian genocide "an international lie" during a 2007 lecture tour in Switzerland.

 

Turkey accepts that many Armenians died in partisan fighting beginning in 1915 but denies that up to 1.5 million were killed and that it constituted an act of genocide - a term used by many Western historians and foreign parliaments.

 

"Genocide is a very narrowly defined legal notion which is difficult to prove," the court said.

 

"Mr Perincek was making a speech of a historical, legal and political nature in a contradictory debate."

 

The court drew a distinction between the Armenian case and appeals it has rejected against convictions for denying the Nazi German Holocaust against the Jews during World War Two.

"In those cases, the plaintiffs had denied sometimes very concrete historical facts such as the existence of gas chambers," the court said. "They denied crimes committed by the Nazi regime that had a clear legal basis. Furthermore, the facts they denied had been clearly been established by an international tribunal."

The judges cited a 2012 ruling by France´s Constitutional Council which struck down a law enacted by then President Nicolas Sarkozy´s government as "an unconstitutional violation of the right to freedom of speech and communication".

Switzerland has three months to appeal against the ruling.

 

---

Huh?

 

 

3.       Whiteout
20 posts
 05 Jan 2014 Sun 03:18 am

4.       si++
3785 posts
 08 Jan 2014 Wed 12:49 pm

 

Quoting alameda

what is the meaning of your "huh?"

 

 

 

Switzerland has three months to appeal against the ruling.

5.       si++
3785 posts
 19 Mar 2014 Wed 02:22 pm

 

Quoting si++

 

 

Switzerland has three months to appeal against the ruling.

 

Switzerland has asked the European Court of Human Rights (ECHR) to reconsider a ruling that the Swiss Federal Court violated the right of Turkish nationalist Doğu Perinçek to free speech when it fined him for denying the 1915 Armenian genocide.

The Federal Office of Justice said on Tuesday that it had decided to refer the verdict to the ECHR’s Grand Chamber for review in order to clarify the scope available to the Swiss authorities in applying Swiss criminal law to combat racism.
 
The European Convention on Human Rights provides for referral to the Grand Chamber in cases where it is not clear how to interpret or apply the Convention.
 
The Armenians say Ottoman Turks slaughtered up to 1.8 million Armenians in a planned genocide between 1915 and 1918. Turkey acknowledges that many Armenians died, but denies that this was an attempt to exterminate the Armenian people. It also says the death toll is inflated and that many others died in inter-ethnic violence at the time.
 
Under the Swiss penal code any act of denying, belittling or justifying genocide is a violation of the country´s anti-racism legislation. 

Vexed question

In 2007, Perinçek, who was the head of the left-wing Turkish Workers´ Party, was found guilty in a lower court of racial discrimination after he called the genocide "an international lie" during a public speech in the city of Lausanne in a 2005.
 
He took his appeal against the verdict up to the Swiss Federal Court, which took the view that the facts of the 1915 Armenian genocide were common knowledge and that, therefore, Perinçek’s denial of those facts was driven by racist and nationalist motives.
 
Perinçek then brought his case to the ECHR, which decided that Switzerland had acted in violation of Article 10 of the European Convention of Human Rights in its conviction. That article guarantees the right to free speech.

The ECHR also said it doubted there was as wide a consensus on the Armenian genocide as the Federal Court had indicated in its ruling, pointing out that only 20 of the world´s 190 countries had recognised the genocide.
 
The Armenian question has long affected relations between Switzerland and Turkey, including the postponing of official visits.

The House of Representatives recognised the Armenian massacre as genocide in 2003, but neither the Senate nor the cabinet has officially done so.

 

Source: here

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