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PERINCEK: SWITZERLAND REQUESTS REFERRAL TO GRAND CHAMBER
European Union News
March 12, 2014 Wednesday
Bern
Office of The Federal Authorities of the Swiss Confederation has
issued the following news release:
Switzerland is to request that the European Court of Human Rights have
the case of Dogu Perincek referred to the Grand Chamber for review.
The decision was made by the Federal Office of Justice (FoJ). A review
would 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 including those which raise a serious question
affecting the interpretation or application of the Convention. In
the present case, Switzerland's primary interest is in clarifying the
scope available to the domestic authorities in applying the criminal
anti-racism provision laid down in the Swiss Criminal Code (Art.
261bis CC). Switzerland created this penal provision, which entered
into force on 1 January 1995, to close loopholes in criminal law and
enable the country to accede to the UN Convention on the Elimination
of All Forms of Racial Discrimination.
On 9 March 2007, Turkish national Dogu Perincek was sentenced in
Canton Vaud to both a financial penalty and a criminal fine under Art.
261bis CC for denying the Armenian Genocide. The Cantonal Court of
Canton Vaud and the Federal Supreme Court both rejected appeals against
the judgment. In its ruling of 17 December 2013, the competent chamber
of the European Court of Human Rights determined that the Swiss courts'
rulings violated the appellant's right to freedom of expression.
For more information please visit: http://www.news.admin.ch/
European Union News
March 12, 2014 Wednesday
Bern
Office of The Federal Authorities of the Swiss Confederation has
issued the following news release:
Switzerland is to request that the European Court of Human Rights have
the case of Dogu Perincek referred to the Grand Chamber for review.
The decision was made by the Federal Office of Justice (FoJ). A review
would 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 including those which raise a serious question
affecting the interpretation or application of the Convention. In
the present case, Switzerland's primary interest is in clarifying the
scope available to the domestic authorities in applying the criminal
anti-racism provision laid down in the Swiss Criminal Code (Art.
261bis CC). Switzerland created this penal provision, which entered
into force on 1 January 1995, to close loopholes in criminal law and
enable the country to accede to the UN Convention on the Elimination
of All Forms of Racial Discrimination.
On 9 March 2007, Turkish national Dogu Perincek was sentenced in
Canton Vaud to both a financial penalty and a criminal fine under Art.
261bis CC for denying the Armenian Genocide. The Cantonal Court of
Canton Vaud and the Federal Supreme Court both rejected appeals against
the judgment. In its ruling of 17 December 2013, the competent chamber
of the European Court of Human Rights determined that the Swiss courts'
rulings violated the appellant's right to freedom of expression.
For more information please visit: http://www.news.admin.ch/