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SwissInfo, Switzerland
Jan 28 2015
Swiss case in Perinçek appeal rests on protecting public peace
Switzerland has defended the grounds for its anti-racism laws in the
appeal of the case regarding DoÄ?u Perinçek, a Turkish politician
convicted for denying the 1915 Armenian massacre was genocide.
During the a hearing on Wednesday at the European Court of Human
Rights (ECHR), the Swiss delegation maintained that the argument used
to convict Perinçek under anti-racism laws was intended to protect the
public peace and was not a reflection on specific definitions of
historic events.
For his part, the 72-year-old defendant and president of the Turkish
Workers' Party, argued before the Strasbourg-based court that his
right to free speech was violated when Swiss tribunals convicted him
in 2007.
The panel of judges is set to deliberate the case behind closed doors
over the next few weeks. A ruling is expected `at a later stage,'
according to a court press release.
Court history
In his 2005 speech, Perinçek called the genocide an `international
lie'. The Armenians, however, say Ottoman Turks slaughtered up to 1.8
million Armenians in a planned genocide between 1915 and 1918. Turkey
denies the mass killings were genocide, saying the death toll is
inflated.
Switzerland has anti-racism laws in place that legislate against any
denying, belittling or justifying of genocide.
In 2007, the Federal Court decided that the facts of the Armenian
genocide were widely accepted as common knowledge and that Perinçek's
denial of these facts was driven by racist motives. He was
subsequently fined.
However, Perinçek appealed the decision to the ECHR, which in an
initial verdict in December 2013 ruled in favour of the Turkish
defendant.
In turn, Switzerland also filed an appeal last year.
Perinçek has argued in the appeal that Article 261bis, paragraph 4, of
the Swiss Criminal Code ` anti-racism legislation which forbids the
public denial, belittlement or justification of genocide ` `is not
foreseeable in its effect' and breaches the freedom of expression
which is `necessary in a democratic society'.
See the document below for the Swiss Criminal Code's specific wording
on the subject.
http://www.swissinfo.ch/eng/multimedia/swiss-case-in-perin%C3%A7ek-appeal-rests-on-protecting-public-peace/41241924
Although the ECHR left open the question of defining the Armenian
killings as genocide and Switzerland has said it does not want to
enter into such a debate in Strasbourg, that question is set to be
debated by Turkish and Armenian delegations before the court. It has
also drawn scores of protesters from both sides who gathered outside
the court with flags and signs.
Amal Clooney, wife of film star George Clooney, is on the legal team
arguing that the Armenian killings should be called genocide.
http://www.swissinfo.ch/eng/multimedia/swiss-case-in-perin%C3%A7ek-appeal-rests-on-protecting-public-peace/41241924
Jan 28 2015
Swiss case in Perinçek appeal rests on protecting public peace
Switzerland has defended the grounds for its anti-racism laws in the
appeal of the case regarding DoÄ?u Perinçek, a Turkish politician
convicted for denying the 1915 Armenian massacre was genocide.
During the a hearing on Wednesday at the European Court of Human
Rights (ECHR), the Swiss delegation maintained that the argument used
to convict Perinçek under anti-racism laws was intended to protect the
public peace and was not a reflection on specific definitions of
historic events.
For his part, the 72-year-old defendant and president of the Turkish
Workers' Party, argued before the Strasbourg-based court that his
right to free speech was violated when Swiss tribunals convicted him
in 2007.
The panel of judges is set to deliberate the case behind closed doors
over the next few weeks. A ruling is expected `at a later stage,'
according to a court press release.
Court history
In his 2005 speech, Perinçek called the genocide an `international
lie'. The Armenians, however, say Ottoman Turks slaughtered up to 1.8
million Armenians in a planned genocide between 1915 and 1918. Turkey
denies the mass killings were genocide, saying the death toll is
inflated.
Switzerland has anti-racism laws in place that legislate against any
denying, belittling or justifying of genocide.
In 2007, the Federal Court decided that the facts of the Armenian
genocide were widely accepted as common knowledge and that Perinçek's
denial of these facts was driven by racist motives. He was
subsequently fined.
However, Perinçek appealed the decision to the ECHR, which in an
initial verdict in December 2013 ruled in favour of the Turkish
defendant.
In turn, Switzerland also filed an appeal last year.
Perinçek has argued in the appeal that Article 261bis, paragraph 4, of
the Swiss Criminal Code ` anti-racism legislation which forbids the
public denial, belittlement or justification of genocide ` `is not
foreseeable in its effect' and breaches the freedom of expression
which is `necessary in a democratic society'.
See the document below for the Swiss Criminal Code's specific wording
on the subject.
http://www.swissinfo.ch/eng/multimedia/swiss-case-in-perin%C3%A7ek-appeal-rests-on-protecting-public-peace/41241924
Although the ECHR left open the question of defining the Armenian
killings as genocide and Switzerland has said it does not want to
enter into such a debate in Strasbourg, that question is set to be
debated by Turkish and Armenian delegations before the court. It has
also drawn scores of protesters from both sides who gathered outside
the court with flags and signs.
Amal Clooney, wife of film star George Clooney, is on the legal team
arguing that the Armenian killings should be called genocide.
http://www.swissinfo.ch/eng/multimedia/swiss-case-in-perin%C3%A7ek-appeal-rests-on-protecting-public-peace/41241924