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ECHR RULES IN FAVOR OF ARMENIAN GENOCIDE SCHOLAR TANER AKCAM
Panorama, Armenia
Oct 26 2011
Today, 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.'"
Responding to public horror and international condemnation upon
Dink's demise, the Armenian Assembly worked with then-Chairman of the
Senate Foreign Relations Committee Joe Biden (D-DE) who spearheaded
legislation calling upon Turkey to repeal Article 301. At that time,
Senator Biden stated that "Hrant Dink was a leading voice in Turkey's
Armenian community and an eloquent advocate for human rights, press
freedom, and democracy." Chairman Biden also told the Assembly that
"his assassination was an outrage and a tragedy. Hrant's legacy
deserves the Senate's respect. His murder demands our action."
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."
Panorama, Armenia
Oct 26 2011
Today, 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.'"
Responding to public horror and international condemnation upon
Dink's demise, the Armenian Assembly worked with then-Chairman of the
Senate Foreign Relations Committee Joe Biden (D-DE) who spearheaded
legislation calling upon Turkey to repeal Article 301. At that time,
Senator Biden stated that "Hrant Dink was a leading voice in Turkey's
Armenian community and an eloquent advocate for human rights, press
freedom, and democracy." Chairman Biden also told the Assembly that
"his assassination was an outrage and a tragedy. Hrant's legacy
deserves the Senate's respect. His murder demands our action."
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."