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Today's Zaman, Turkey
Jan 28 2015
'Armenian genocide' denial case puts Turkey's Perinçek against Mrs. Clooney
The European Court of Human Rights (ECtHR) on Wednesday began hearing
an appeal filed by Switzerland against Turkey's Workers' Party (Ä°P)
Chairman DoÄ?u Perinçek, who was convicted by a Swiss court of denying
Armenian claims of genocide, in a case that pits Turkey against
Switzerland and Armenia, which is represented in Strasbourg by
Lebanese human rights lawyer Amal Clooney.
The Strasbourg court will announce its ruling on the case at a later date.
Ä°P leader Perinçek won an appeal at the European court against a Swiss
court decision to convict him of having branded the claims of Armenian
genocide an `international lie' during a series of speeches in
Switzerland in 2007. The ECtHR said in its Dec. 17, 2013, decision
that the politician had exercised his `right to free speech.'
Switzerland, on the other hand, asked the ECtHR to review its decision
in 2014. The Grand Chamber of the Strasbourg-based court reviews the
court's earlier verdict.
Armenians claim 1.5 million Armenians were killed in the final years
of the Ottoman Empire in a systematic genocide campaign, a claim
categorically denied by Turkey. Ankara says both the death toll is
inflated and that there were deaths on both sides as the Ottoman
Empire tried to quell a revolt by Armenians in collaboration with the
Russian army that was then invading eastern Anatolia.
DoÄ?u Perinçek arrives to attend a hearing at the European court of
Human Rights in Strasbourg. (Photo: Reuters)
"We are here for the freedom [of expression] of the people of Europe,"
Perinçek was quoted by private Cihan news agency as telling the
Strasbourg court during his defense. Maintaining that the term
"genocide" is a legal one that does not apply to what happened during
the years of World War I in eastern Anatolia, Perinçek said the
Ottoman Empire did not attempt to exterminate its Armenian nationals.
"I have always shared the pain of our Armenian nationals. I have
always appreciated their contributions to our culture," he said,
adding that the genocide allegations have been turned into a "tool to
humiliate the Turks."
At the two-and-a-half-hour hearing, Clooney offered a historical
account of what happened a century ago in eastern Anatolia in line
with the Armenian theses. She criticized the court's earlier ruling in
favor of Perinçek, saying the judges did not examine relevant
documents or hear witnesses, noting that the Ottoman Empire had
promised, while signing the Sevres Treaty of 1920, to bring to justice
the perpetrators of the killings of Armenians. She also said Armenia
joined the case to expand freedom of expression, not to curtail it.
Lawyers for Turkey emphasized that the case is about freedom of
expression. They defended Perinçek, saying his speeches in Switzerland
did not contain any racist element and that he merely opposed the
characterization of the World War I events as "genocide," something
which, the lawyers said, should be possible in a democratic society.
Turkish protesters hold a banner, reading in French: "We trust in the
European Court of Human Rights during a demonstration near the ECtHR
in Strasbourg. (Photo: DHA)
Around 200 people from Turkey gathered in front of the Strasbourg
court to show support for Perinçek. A group of political figures,
including former European Union Affairs Minister Egemen BaÄ?ıÅ?, former
Republican People's Party (CHP) leader Deniz Baykal and CHP Deputy
Chairman Haluk Koç, were also present at the hearing.
A week before the hearing, a Turkish court ruled to lift a travel ban
on Perinçek as part of a domestic coup case for him to be able to
attend the hearing. The court stated that the Ä°P chairman's attendance
at the hearing is of deep interest to Turkey, particularly regarding
the ECtHR's stance on Turkey's thesis on the 1915 events.
Turkey hailed the European court's initial decision to reverse the
Swiss ruling against Perinçek and is a co-defendant in the case.
Armenia, on the other hand, has joined the case as a co-plaintiff
along with a number of Armenian diaspora organizations.
Armenian protesters demonstrate near the European Court of Human
Rights in Strasbourg. (Photo: Reuters)
Clooney, a Lebanese-born British lawyer of international law and human
rights who became a household name when she tied the knot with actor
George Clooney in September 2014, is one of the lawyers in the appeal.
The ruling has implications for other European states, such as France,
which have tried to criminalize the refusal to apply the term genocide
to the massacres of Armenians during the breakup of the Ottoman
Empire.
The European court said in its December 2013 decision that the `free
exercise of the right to openly discuss questions of a sensitive and
controversial nature was one of the fundamental aspects of freedom of
expression and distinguished a tolerant and pluralistic democratic
society from a totalitarian or dictatorial regime."
Justice minister: Decision against Perinçek would mean court biased,
not independent
In his remarks to state-run Anadolu news agency, Turkish Justice
Minister Bekir BozdaÄ? said on Wednesday that the hearing at the Grand
Chamber is to give a `historical' decision which is of importance both
for the values of Turkey and the EU. He expressed his belief that the
Strasbourg court would rule in favor of Perinçek.
`A decision on the contrary means bankruptcy [of the EU]. This also
means that it is not a court that delivers justice but a court that
has a political stance; it would then not be a human rights court that
examines cases objectively and independently, but a biased and
independent court that rules in line with countries' political
interests,' BozdaÄ? concluded, adding, `I believe that the Grand
Chamber of the ECtHR will not make such a mistake.'
Speaking during a press conference, the ruling Justice and Development
Party (AK Party) spokesman BeÅ?ir Atalay said that Perinçek's remarks
denying `genocide' in Switzerland should be deemed within the scope of
human rights and that they don't expect a different, negative result.
http://www.todayszaman.com/diplomacy_armenian-genocide-denial-case-puts-turkeys-perincek-against-mrs-clooney_371022.html
From: A. Papazian
Jan 28 2015
'Armenian genocide' denial case puts Turkey's Perinçek against Mrs. Clooney
The European Court of Human Rights (ECtHR) on Wednesday began hearing
an appeal filed by Switzerland against Turkey's Workers' Party (Ä°P)
Chairman DoÄ?u Perinçek, who was convicted by a Swiss court of denying
Armenian claims of genocide, in a case that pits Turkey against
Switzerland and Armenia, which is represented in Strasbourg by
Lebanese human rights lawyer Amal Clooney.
The Strasbourg court will announce its ruling on the case at a later date.
Ä°P leader Perinçek won an appeal at the European court against a Swiss
court decision to convict him of having branded the claims of Armenian
genocide an `international lie' during a series of speeches in
Switzerland in 2007. The ECtHR said in its Dec. 17, 2013, decision
that the politician had exercised his `right to free speech.'
Switzerland, on the other hand, asked the ECtHR to review its decision
in 2014. The Grand Chamber of the Strasbourg-based court reviews the
court's earlier verdict.
Armenians claim 1.5 million Armenians were killed in the final years
of the Ottoman Empire in a systematic genocide campaign, a claim
categorically denied by Turkey. Ankara says both the death toll is
inflated and that there were deaths on both sides as the Ottoman
Empire tried to quell a revolt by Armenians in collaboration with the
Russian army that was then invading eastern Anatolia.
DoÄ?u Perinçek arrives to attend a hearing at the European court of
Human Rights in Strasbourg. (Photo: Reuters)
"We are here for the freedom [of expression] of the people of Europe,"
Perinçek was quoted by private Cihan news agency as telling the
Strasbourg court during his defense. Maintaining that the term
"genocide" is a legal one that does not apply to what happened during
the years of World War I in eastern Anatolia, Perinçek said the
Ottoman Empire did not attempt to exterminate its Armenian nationals.
"I have always shared the pain of our Armenian nationals. I have
always appreciated their contributions to our culture," he said,
adding that the genocide allegations have been turned into a "tool to
humiliate the Turks."
At the two-and-a-half-hour hearing, Clooney offered a historical
account of what happened a century ago in eastern Anatolia in line
with the Armenian theses. She criticized the court's earlier ruling in
favor of Perinçek, saying the judges did not examine relevant
documents or hear witnesses, noting that the Ottoman Empire had
promised, while signing the Sevres Treaty of 1920, to bring to justice
the perpetrators of the killings of Armenians. She also said Armenia
joined the case to expand freedom of expression, not to curtail it.
Lawyers for Turkey emphasized that the case is about freedom of
expression. They defended Perinçek, saying his speeches in Switzerland
did not contain any racist element and that he merely opposed the
characterization of the World War I events as "genocide," something
which, the lawyers said, should be possible in a democratic society.
Turkish protesters hold a banner, reading in French: "We trust in the
European Court of Human Rights during a demonstration near the ECtHR
in Strasbourg. (Photo: DHA)
Around 200 people from Turkey gathered in front of the Strasbourg
court to show support for Perinçek. A group of political figures,
including former European Union Affairs Minister Egemen BaÄ?ıÅ?, former
Republican People's Party (CHP) leader Deniz Baykal and CHP Deputy
Chairman Haluk Koç, were also present at the hearing.
A week before the hearing, a Turkish court ruled to lift a travel ban
on Perinçek as part of a domestic coup case for him to be able to
attend the hearing. The court stated that the Ä°P chairman's attendance
at the hearing is of deep interest to Turkey, particularly regarding
the ECtHR's stance on Turkey's thesis on the 1915 events.
Turkey hailed the European court's initial decision to reverse the
Swiss ruling against Perinçek and is a co-defendant in the case.
Armenia, on the other hand, has joined the case as a co-plaintiff
along with a number of Armenian diaspora organizations.
Armenian protesters demonstrate near the European Court of Human
Rights in Strasbourg. (Photo: Reuters)
Clooney, a Lebanese-born British lawyer of international law and human
rights who became a household name when she tied the knot with actor
George Clooney in September 2014, is one of the lawyers in the appeal.
The ruling has implications for other European states, such as France,
which have tried to criminalize the refusal to apply the term genocide
to the massacres of Armenians during the breakup of the Ottoman
Empire.
The European court said in its December 2013 decision that the `free
exercise of the right to openly discuss questions of a sensitive and
controversial nature was one of the fundamental aspects of freedom of
expression and distinguished a tolerant and pluralistic democratic
society from a totalitarian or dictatorial regime."
Justice minister: Decision against Perinçek would mean court biased,
not independent
In his remarks to state-run Anadolu news agency, Turkish Justice
Minister Bekir BozdaÄ? said on Wednesday that the hearing at the Grand
Chamber is to give a `historical' decision which is of importance both
for the values of Turkey and the EU. He expressed his belief that the
Strasbourg court would rule in favor of Perinçek.
`A decision on the contrary means bankruptcy [of the EU]. This also
means that it is not a court that delivers justice but a court that
has a political stance; it would then not be a human rights court that
examines cases objectively and independently, but a biased and
independent court that rules in line with countries' political
interests,' BozdaÄ? concluded, adding, `I believe that the Grand
Chamber of the ECtHR will not make such a mistake.'
Speaking during a press conference, the ruling Justice and Development
Party (AK Party) spokesman BeÅ?ir Atalay said that Perinçek's remarks
denying `genocide' in Switzerland should be deemed within the scope of
human rights and that they don't expect a different, negative result.
http://www.todayszaman.com/diplomacy_armenian-genocide-denial-case-puts-turkeys-perincek-against-mrs-clooney_371022.html
From: A. Papazian