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ANCC URGES SWITZERLAND TO APPEAL THE EUROPEAN COURT'S DECISION REGARDING ARMENIAN GENOCIDE DENIAL
http://www.armradio.am/en/2014/03/04/ancc-urges-switzerland-to-appeal-the-european-courts-decision-regarding-armenian-genocide-denial/
10:30 04.03.2014
On Thursday February 27, 2014 the Armenian National Committee of Canada
(ANCC) met with His Excellency, Mr. Ulrich Lehner, Switzerland's
Ambassador to Canada. The meeting, by request of the ANCC, was to
convey to the Swiss ambassador the importance that the Swiss government
exercise its right to appeal the European Court of Human Rights'
(ECHR) verdict on genocide denial in Europe, stemming from a case
involving a Turkish politician, Dogu Perincek, Horizon Weekly reports.
ANCC voiced the serious concerns of Armenian-Canadians, and Armenians
worldwide, regarding the ECHR's December 17, 2013 decision that
rejected the Swiss court's 2007 decision to penalize, under Swiss
Penal Law, Dogu Perincek's vehement denial of the Armenian genocide.
Turkish politician convicted by Swiss Court
In 2007, Turkish politician Dogu Perincek was convicted by the
Federal Court of Switzerland for publicly denying the Armenian
Genocide that included his public statement that "the genocide is
an international lie." The ECHR subsequently ruled that it was not a
crime for Perincek to publicly deny the Armenian Genocide, contrary
to Swiss laws prohibiting denial and other European directives urging
states to take a stronger stance in fighting denial of genocide and
crimes against humanity.
Factual and legal errors abound
In an open and frank discussion with the Swiss Ambassador, the ANCC
highlighted the gravity of some of the key factual and legal errors
in the reasoning of the five to two majority decision of the ECHR
decision.
The ANCC urged Switzerland, a nation that has been at the forefront of
prohibiting denial of genocide and crimes against humanity in Europe,
to keep its principled stance on the matter. "There is ample scholarly
and expert opinion that would support Switzerland's strong grounds
to appeal the decision" said ANCC president, Dr. Girair Basmadjian,
pointing to the dissenting opinions of two of the seven ECHR judges
who heard the case. "The message that Switzerland will be sending
to Europe and the world, if it chooses to accept this ECHR verdict
and not to appeal it, will not only cause a significant setback to
Turkey's recognition of the Armenian genocide, but it will also be
a significant setback to fighting denial of other genocides, and to
the prevention of genocides from occurring in the future."
The decision to request a revision of the ECHR' decision rests
primarily on Switzerland's Federal Department of Justice and Police
(FDJP), headed by Minister Simonetta Sommaruga. The ANCC anticipates
that the Swiss Federal Department of Foreign Affairs, and even the
Swiss Federal Council may weigh in on the decision, given the broader
legal and political repercussions that this ECHR verdict will have on
fighting genocide denial, racism and incitement to hatred in Europe
and possibly beyond.
http://www.armradio.am/en/2014/03/04/ancc-urges-switzerland-to-appeal-the-european-courts-decision-regarding-armenian-genocide-denial/
10:30 04.03.2014
On Thursday February 27, 2014 the Armenian National Committee of Canada
(ANCC) met with His Excellency, Mr. Ulrich Lehner, Switzerland's
Ambassador to Canada. The meeting, by request of the ANCC, was to
convey to the Swiss ambassador the importance that the Swiss government
exercise its right to appeal the European Court of Human Rights'
(ECHR) verdict on genocide denial in Europe, stemming from a case
involving a Turkish politician, Dogu Perincek, Horizon Weekly reports.
ANCC voiced the serious concerns of Armenian-Canadians, and Armenians
worldwide, regarding the ECHR's December 17, 2013 decision that
rejected the Swiss court's 2007 decision to penalize, under Swiss
Penal Law, Dogu Perincek's vehement denial of the Armenian genocide.
Turkish politician convicted by Swiss Court
In 2007, Turkish politician Dogu Perincek was convicted by the
Federal Court of Switzerland for publicly denying the Armenian
Genocide that included his public statement that "the genocide is
an international lie." The ECHR subsequently ruled that it was not a
crime for Perincek to publicly deny the Armenian Genocide, contrary
to Swiss laws prohibiting denial and other European directives urging
states to take a stronger stance in fighting denial of genocide and
crimes against humanity.
Factual and legal errors abound
In an open and frank discussion with the Swiss Ambassador, the ANCC
highlighted the gravity of some of the key factual and legal errors
in the reasoning of the five to two majority decision of the ECHR
decision.
The ANCC urged Switzerland, a nation that has been at the forefront of
prohibiting denial of genocide and crimes against humanity in Europe,
to keep its principled stance on the matter. "There is ample scholarly
and expert opinion that would support Switzerland's strong grounds
to appeal the decision" said ANCC president, Dr. Girair Basmadjian,
pointing to the dissenting opinions of two of the seven ECHR judges
who heard the case. "The message that Switzerland will be sending
to Europe and the world, if it chooses to accept this ECHR verdict
and not to appeal it, will not only cause a significant setback to
Turkey's recognition of the Armenian genocide, but it will also be
a significant setback to fighting denial of other genocides, and to
the prevention of genocides from occurring in the future."
The decision to request a revision of the ECHR' decision rests
primarily on Switzerland's Federal Department of Justice and Police
(FDJP), headed by Minister Simonetta Sommaruga. The ANCC anticipates
that the Swiss Federal Department of Foreign Affairs, and even the
Swiss Federal Council may weigh in on the decision, given the broader
legal and political repercussions that this ECHR verdict will have on
fighting genocide denial, racism and incitement to hatred in Europe
and possibly beyond.