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LAW CRIMINALIZING DENIAL OF ARMENIAN GENOCIDE IN OTTOMAN EMPIRE DECLARED IN FRANCE UNCONSTITUTIONAL
Azerbaijan Business Center
http://abc.az/eng/news/main/60874.html
Dec 26 2011
Baku, Fineko/abc.az. The law criminalizing the denial of the Armenian
genocide in the Ottoman Empire, adopted by the Lower House of the
French parliament recently, does not correspond to the constitution
of France.
Rahim Humbatov, head of the Azerbaijani diaspora of the Autonomous
Republic of Crimea (Ukraine), has stated that the law criminalizing
"genocide" may be repealed, as it was passed in violation of the
Constitution of France, even if is voted in the Senate and signed by
the President of France.
~SAs they say, Satan is in the details. So we started examining closely
the debate on the bill in the Lower House of the French parliament. It
was found out that, firstly, there were enough opponents of this
law adoption. Secondly, the discussion did not avoid a scandal: the
supporters of draft law adoption interrupted the opponents by various
cries, tried to "shut their mouths". Third, some speakers asked quite a
reasonable question: what about the genocide committed by France itself
- in Rwanda, Cambodia, Algeria, etc.? Fourth, and most importantly,
the MPs said that adoption of the law is an unconstitutional step,
as the France~Rs chief law does not allow the French parliament to
pass the law on any genocide," Humbatov said.
In particular, talking about that, Michelle Difenbaher reminded the
words of Robert Badente, who earlier said: "The law is unconstitutional
because, obviously, Article 34 of the Constitution does not allow
the parliament to speak in this way on historical events". He also
added that the parliament had no competence to put such a law to
the vote. At the same time the holocaust has been recognized by the
international court, and in the case of the Armenians there are not
such court decisions.
"Pay attention to the fact that during the bill debate the MPs tangled
in the figures: one was talking about 1.2 million, the other about a
half million victims of "genocide". There were also many references
about the deception of the Armenians. Francois Pupponi said that "we
are to vote on the law, hoping that the parliamentary process will
proceed to completion, and we will not deceive again the Armenian
community, the French of Armenian origin. Too often we betrayed and
deceived them, and too often we disappoint them~T. This brings a
relevant anecdote to mind, when junior Smith came home and said to
his father: ~SDad, do you remember the case of Jackson, which you kept
for almost twenty years? Today I won the case. The father puts his son
in a chair, he sits in front of him and said: Listen, son, thanks to
this case, I bought a house, raised you, gave education to you, and
bought a car for you and myself. What have you done?~T Presumably,
not one generation of the French parliamentarians have purchased
homes, raised children, bought cars to "recognize the genocide",
and are doing now the same on criminalization of "genocide denial",
and then probably will come up with something else for taking money
from Armenians,~T Humbatov said.
Jacques Miard raised the matter of the European Union Framework
Agreement from 2008. According to Miard, this agreement does not
condemn as per se denial of historical fact - the conviction should
occur when the behavior is performed in such a way as to encourage
violence and racial hatred. The bill opponents say that Article 34 of
the Constitution of France establishes precise limits and restrictions
that falls within the law. Article 34 does not say in no way that
the law can recognize the genocide.
In Humbatov~Rs view, Turkey has reacted to this event too inadequate.
"It is not befitting a great country to show such a nervous reaction
to those "little things" of life. Instead, it could take adequate
preventive measures designed without "noise and dust". For example,
a group of French citizens of Turkish origin or association of the
Turkish diaspora could sue the initiators of the bill because it
violates basic human rights that are protected by both the Universal
Declaration of Human Rights and the European Convention on Human
Rights & Fundamental Freedoms," Humbatov thinks.
He says that besides one can initiate withdrawal of those MPs, who
were ardent supporters or the initiators of the adoption of this law.
"We can assume that only the very beginning of the procedure would
deter many supporters of this idea. It is also possible to find other
levers of influence," Humbatov said.
In his opinion, a competent lawyer can bury the results of many years
and million dollar cost struggle of the Armenian diaspora. Moreover,
one can cancel not only the law criminalizing the denial, but also
the current law on the recognition of "genocide" in France.
"It is regrettable that the Armenians allow to use a tragic chapter
in the history of the two nations from the perspective that promotes
an exacerbated the already tense relations not promoting to creation
of an atmosphere of trust, the future reconciliation. Obviously, in
this case the goals and objectives of the Armenian diaspora, which
is trying to bring the situation with "genocide recognition" to the
material recovery from the Turks, and the Armenian people trying to
survive under conditions of their country~Rs hostile attitude towards
its neighbors providing a tangible impact on the welfare of Armenian
citizens, disagree. Is it not time to answer to not a rhetorical
question for the Armenians: Will it be better to live for the Armenian
people after the "recognition of the genocide" and the criminalization
of "denial"? Is it not better to use the potential of the diaspora to
create positive change in relations between countries of the region?"
Humbatov resumes.
The France's Parliament Lower House passed a law saying of a sentence
of one year in prison and a fine of 45,000 euro for denying the
genocide of Armenians in the Ottoman Empire during the First World War.
From: Emil Lazarian | Ararat NewsPress
Azerbaijan Business Center
http://abc.az/eng/news/main/60874.html
Dec 26 2011
Baku, Fineko/abc.az. The law criminalizing the denial of the Armenian
genocide in the Ottoman Empire, adopted by the Lower House of the
French parliament recently, does not correspond to the constitution
of France.
Rahim Humbatov, head of the Azerbaijani diaspora of the Autonomous
Republic of Crimea (Ukraine), has stated that the law criminalizing
"genocide" may be repealed, as it was passed in violation of the
Constitution of France, even if is voted in the Senate and signed by
the President of France.
~SAs they say, Satan is in the details. So we started examining closely
the debate on the bill in the Lower House of the French parliament. It
was found out that, firstly, there were enough opponents of this
law adoption. Secondly, the discussion did not avoid a scandal: the
supporters of draft law adoption interrupted the opponents by various
cries, tried to "shut their mouths". Third, some speakers asked quite a
reasonable question: what about the genocide committed by France itself
- in Rwanda, Cambodia, Algeria, etc.? Fourth, and most importantly,
the MPs said that adoption of the law is an unconstitutional step,
as the France~Rs chief law does not allow the French parliament to
pass the law on any genocide," Humbatov said.
In particular, talking about that, Michelle Difenbaher reminded the
words of Robert Badente, who earlier said: "The law is unconstitutional
because, obviously, Article 34 of the Constitution does not allow
the parliament to speak in this way on historical events". He also
added that the parliament had no competence to put such a law to
the vote. At the same time the holocaust has been recognized by the
international court, and in the case of the Armenians there are not
such court decisions.
"Pay attention to the fact that during the bill debate the MPs tangled
in the figures: one was talking about 1.2 million, the other about a
half million victims of "genocide". There were also many references
about the deception of the Armenians. Francois Pupponi said that "we
are to vote on the law, hoping that the parliamentary process will
proceed to completion, and we will not deceive again the Armenian
community, the French of Armenian origin. Too often we betrayed and
deceived them, and too often we disappoint them~T. This brings a
relevant anecdote to mind, when junior Smith came home and said to
his father: ~SDad, do you remember the case of Jackson, which you kept
for almost twenty years? Today I won the case. The father puts his son
in a chair, he sits in front of him and said: Listen, son, thanks to
this case, I bought a house, raised you, gave education to you, and
bought a car for you and myself. What have you done?~T Presumably,
not one generation of the French parliamentarians have purchased
homes, raised children, bought cars to "recognize the genocide",
and are doing now the same on criminalization of "genocide denial",
and then probably will come up with something else for taking money
from Armenians,~T Humbatov said.
Jacques Miard raised the matter of the European Union Framework
Agreement from 2008. According to Miard, this agreement does not
condemn as per se denial of historical fact - the conviction should
occur when the behavior is performed in such a way as to encourage
violence and racial hatred. The bill opponents say that Article 34 of
the Constitution of France establishes precise limits and restrictions
that falls within the law. Article 34 does not say in no way that
the law can recognize the genocide.
In Humbatov~Rs view, Turkey has reacted to this event too inadequate.
"It is not befitting a great country to show such a nervous reaction
to those "little things" of life. Instead, it could take adequate
preventive measures designed without "noise and dust". For example,
a group of French citizens of Turkish origin or association of the
Turkish diaspora could sue the initiators of the bill because it
violates basic human rights that are protected by both the Universal
Declaration of Human Rights and the European Convention on Human
Rights & Fundamental Freedoms," Humbatov thinks.
He says that besides one can initiate withdrawal of those MPs, who
were ardent supporters or the initiators of the adoption of this law.
"We can assume that only the very beginning of the procedure would
deter many supporters of this idea. It is also possible to find other
levers of influence," Humbatov said.
In his opinion, a competent lawyer can bury the results of many years
and million dollar cost struggle of the Armenian diaspora. Moreover,
one can cancel not only the law criminalizing the denial, but also
the current law on the recognition of "genocide" in France.
"It is regrettable that the Armenians allow to use a tragic chapter
in the history of the two nations from the perspective that promotes
an exacerbated the already tense relations not promoting to creation
of an atmosphere of trust, the future reconciliation. Obviously, in
this case the goals and objectives of the Armenian diaspora, which
is trying to bring the situation with "genocide recognition" to the
material recovery from the Turks, and the Armenian people trying to
survive under conditions of their country~Rs hostile attitude towards
its neighbors providing a tangible impact on the welfare of Armenian
citizens, disagree. Is it not time to answer to not a rhetorical
question for the Armenians: Will it be better to live for the Armenian
people after the "recognition of the genocide" and the criminalization
of "denial"? Is it not better to use the potential of the diaspora to
create positive change in relations between countries of the region?"
Humbatov resumes.
The France's Parliament Lower House passed a law saying of a sentence
of one year in prison and a fine of 45,000 euro for denying the
genocide of Armenians in the Ottoman Empire during the First World War.
From: Emil Lazarian | Ararat NewsPress