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Hurriyet Daily News, Turkey
Jan 28 2015
ECHR adjourns ruling on Turkey's Worker's Party chair over 1915 statements
STRASBOURG
The European Court of Human Rights (ECHR) delayed on Jan. 28 its
ruling in the case of Workers' Party (Ä°P) Chairman DoÄ?u Perinçek, who
was sentenced in Switzerland for publicly denying that the 1915
killings of Ottoman Armenians amounted to genocide.
In his defense, Perinçek reiterated the decision issued by the ECHR's
second chamber on Dec. 17, 2013, which found Switzerland unjust in its
sentencing on the grounds of freedom of expression. The court had also
determined that opinions on the 1915 incidents were still disputable,
he added.
Perinçek stated that genocide was a `judicial phrase' and his personal
studies indicated that the Ottoman Empire did not act with a motive to
completely destroy Armenian society in Anatolia. He admitted that
there were `forced migrations and mutual slaughter,' but claimed that
discussion of the events had become a taboo and the term genocide has
become a way to insult Turks in Europe.
A national court verdict in Switzerland in 2007 resulted in the case
being brought to the ECHR. Perinçek was found guilty by a Swiss court
on March 9, 2007 after his participation in a number of conferences in
Switzerland in 2005, during which he publicly denied that the Ottoman
Empire had committed the crime of genocide against Ottoman Armenians.
Denying that the killings amounted to genocide is a criminal offense
in Switzerland.
`We are confident that a decision that complies with European laws
will be made,' Perinçek said after the Jan. 28 hearing, adding that
`attempts to destroy freedom and democracy over Armenian genocide
claims in Europe will fail.'
Lawyers Mehmet Cengiz and Stefan Talmon, representing Perinçek in the
case, underlined the right to freedom of expression.
Talmon said Perinçek did not use any racist expressions, but simply
reacted against the acceptance of the incidents as genocide.
Lawyer Frank Schürmann, representing Switzerland, denied Talmon's
accusation that the Swiss court had violated the 10th article of the
European Convention on Human Rights, which regulates human rights.
Amal Clooney, the prominent British-Lebanese lawyer and wife of
Hollywood celebrity George Clooney, was a member of the legal team
representing Armenia. In the hearing, she said the Ottoman Empire had
promised in the Treaty of Sevres that those responsible for the
massacres would be tried. Armenia was included in the case not to
limit freedom of expression but to defend it, she added.
Former EU Minister Egemen BaÄ?ıÅ?, former main opposition Republican
People's Party (CHP) leader Deniz Baykal, and CHP Deputy Head Haluk
Koç were all in attendance during the hearing. Around 200 Turks were
gathered in front of the court in support of Perinçek, while a
separate group of Armenians was also gathered nearby.
According to Armenians and many historians, up to 1.5 million Ottoman
Armenians were killed starting in 1915 in a systematic campaign.
Turkey denies that the deaths amounted to genocide, saying the toll
during mass deportations of Ottoman Armenians has been inflated and
that those killed in 1915 and 1916 were victims of broader unrest
during World War I.
Perinçek had applied to the ECHR over claims that the Swiss courts had
breached his right to freedom of expression. The ECHR agreed on Dec.
17, 2013 that his statements in Switzerland fell within the bounds of
freedom of expression.
The ECHR ruling stated that `free exercise of the right to openly
discuss questions of a sensitive and controversial nature is one of
the fundamental aspects of freedom of expression and distinguishes a
tolerant and pluralistic democratic society from a totalitarian or
dictatorial regime.'
Switzerland objected to the judgment, after which the case was taken
to the ECHR's Grand Chamber for the final verdict. The Grand Chamber
approved the inclusion of the state of Armenia as a third party
litigant in the case in September.
January/28/2015
http://www.hurriyetdailynews.com/echr-adjourns-ruling-on-turkeys-workers-party-chair-over-1915-statements.aspx?pageID=238&nID=77571&NewsCatID=338
Jan 28 2015
ECHR adjourns ruling on Turkey's Worker's Party chair over 1915 statements
STRASBOURG
The European Court of Human Rights (ECHR) delayed on Jan. 28 its
ruling in the case of Workers' Party (Ä°P) Chairman DoÄ?u Perinçek, who
was sentenced in Switzerland for publicly denying that the 1915
killings of Ottoman Armenians amounted to genocide.
In his defense, Perinçek reiterated the decision issued by the ECHR's
second chamber on Dec. 17, 2013, which found Switzerland unjust in its
sentencing on the grounds of freedom of expression. The court had also
determined that opinions on the 1915 incidents were still disputable,
he added.
Perinçek stated that genocide was a `judicial phrase' and his personal
studies indicated that the Ottoman Empire did not act with a motive to
completely destroy Armenian society in Anatolia. He admitted that
there were `forced migrations and mutual slaughter,' but claimed that
discussion of the events had become a taboo and the term genocide has
become a way to insult Turks in Europe.
A national court verdict in Switzerland in 2007 resulted in the case
being brought to the ECHR. Perinçek was found guilty by a Swiss court
on March 9, 2007 after his participation in a number of conferences in
Switzerland in 2005, during which he publicly denied that the Ottoman
Empire had committed the crime of genocide against Ottoman Armenians.
Denying that the killings amounted to genocide is a criminal offense
in Switzerland.
`We are confident that a decision that complies with European laws
will be made,' Perinçek said after the Jan. 28 hearing, adding that
`attempts to destroy freedom and democracy over Armenian genocide
claims in Europe will fail.'
Lawyers Mehmet Cengiz and Stefan Talmon, representing Perinçek in the
case, underlined the right to freedom of expression.
Talmon said Perinçek did not use any racist expressions, but simply
reacted against the acceptance of the incidents as genocide.
Lawyer Frank Schürmann, representing Switzerland, denied Talmon's
accusation that the Swiss court had violated the 10th article of the
European Convention on Human Rights, which regulates human rights.
Amal Clooney, the prominent British-Lebanese lawyer and wife of
Hollywood celebrity George Clooney, was a member of the legal team
representing Armenia. In the hearing, she said the Ottoman Empire had
promised in the Treaty of Sevres that those responsible for the
massacres would be tried. Armenia was included in the case not to
limit freedom of expression but to defend it, she added.
Former EU Minister Egemen BaÄ?ıÅ?, former main opposition Republican
People's Party (CHP) leader Deniz Baykal, and CHP Deputy Head Haluk
Koç were all in attendance during the hearing. Around 200 Turks were
gathered in front of the court in support of Perinçek, while a
separate group of Armenians was also gathered nearby.
According to Armenians and many historians, up to 1.5 million Ottoman
Armenians were killed starting in 1915 in a systematic campaign.
Turkey denies that the deaths amounted to genocide, saying the toll
during mass deportations of Ottoman Armenians has been inflated and
that those killed in 1915 and 1916 were victims of broader unrest
during World War I.
Perinçek had applied to the ECHR over claims that the Swiss courts had
breached his right to freedom of expression. The ECHR agreed on Dec.
17, 2013 that his statements in Switzerland fell within the bounds of
freedom of expression.
The ECHR ruling stated that `free exercise of the right to openly
discuss questions of a sensitive and controversial nature is one of
the fundamental aspects of freedom of expression and distinguishes a
tolerant and pluralistic democratic society from a totalitarian or
dictatorial regime.'
Switzerland objected to the judgment, after which the case was taken
to the ECHR's Grand Chamber for the final verdict. The Grand Chamber
approved the inclusion of the state of Armenia as a third party
litigant in the case in September.
January/28/2015
http://www.hurriyetdailynews.com/echr-adjourns-ruling-on-turkeys-workers-party-chair-over-1915-statements.aspx?pageID=238&nID=77571&NewsCatID=338