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European Court Of Human Rights Rules In Favor Of Armenian Genocide S

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  • European Court Of Human Rights Rules In Favor Of Armenian Genocide S

    EUROPEAN COURT OF HUMAN RIGHTS RULES IN FAVOR OF ARMENIAN GENOCIDE SCHOLAR TANER AKCAM

    armradio.am
    26.10.2011 11:12

    The European Court of Human Rights ruled that the Turkish government's
    prosecution under Article 301 of its penal code with respect to Dr.
    Taner Akcam's public views on the Armenian Genocide violated Akcam's
    right to freedom of expression under Article 10 of the European
    Convention on Human Rights, reported the Armenian Assembly of America
    (Assembly).

    Dr. Akcam, the holder of the Kaloosdian/Mugar Chair for the Study of
    Modern Armenian History and Armenian Genocide at Clark University in
    Worcester, Massachusetts, became the target of threats and harassment
    for expressing his views and publishing his findings on the Armenian
    Genocide. A close friend to the late Hrant Dink, the Turkish-Armenian
    journalist assassinated in January 2007, Dr. Akcam knew all too well
    the dangers of speaking about this taboo subject in Turkey. Before
    he was gunned down in broad daylight, Hrant Dink was also prosecuted
    under Article 301. The Court acknowledges this connection and in
    its decision notes "it was widely believed that Hrant Dink had been
    targeted by extremists because of the stigma attached to his criminal
    conviction for 'insulting Turkishness.'"

    In its verdict today, the Court honors Dink's legacy in its conclusion
    that "the criminal investigation commenced against the applicant
    [Taner Akcam] and the standpoint of the Turkish criminal courts on
    the Armenian issue in their application of Article 301 of the Criminal
    Code, as well as the public campaign against the applicant in respect
    of the investigation, confirm that there exists a considerable risk of
    prosecution faced by persons who express 'unfavourable' opinions on
    this matter and indicates that the threat hanging over the applicant
    is real."

    The Court further concluded that changes to Article 301 and the
    replacement of the term "Turkishness" by the words "the Turkish
    Nation" made "no change or major difference in the interpretation of
    these concepts because they have been understood in the same manner
    by the Court of Cassation...[in other words it] does not introduce
    a substantial change or contribute to the widening of protection of
    the right to freedom of expression."

    Welcoming the court's decision, Dr. Akcam commented that "Turkey should
    learn that facing history and coming to terms with past human rights
    abuses is not a crime but a prerequisite for peace and reconciliation
    in the region. I consider myself as a part of Turkish civil society,
    which fights for a truly free and democratic Turkey.

    This cannot happen if Turkey continues to criminalize discussion of
    the Armenian Genocide." He added: "You cannot achieve reconciliation
    and peace with Armenia with the existence of this kind of poisonous
    law or continue to deny diplomatic relations."

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