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Today's Zaman, Turkey
Jan 28 2015
Turkish politician reiterates position, says events of 1915 not genocide
Chairman of the Turkish Workers' Party DoÄ?u Perinçek is seen before
the start of his hearing before the European Court of Human Rights in
Strasbourg on Wednesday. (Photo: DHA)
January 28, 2015, Wednesday/ 18:04:10/ ARÄ°F TEKDAL / STRASBOURG
A Turkish politician has defended himself at the European Court of
Human Rights (ECtHR) for having publicly denied in Switzerland that a
genocide took place against the Armenian people, saying he stands by
his position that the events of 1915 do not fit the legal
classification of genocide.
On Dec. 17, 2013, the ECtHR ruled by five votes to two that
Switzerland violated the right to freedom of speech by convicting DoÄ?u
Perinçek, chairman of the Turkish Workers' Party (Ä°P), for having
publicly denied that a genocide took place against the Armenian
people.
Perinçek declared that the events that befell the Armenians under
Ottoman rule in 1915 and which the Armenians call genocide are an
`international lie.'
The hearing on Wednesday came after Switzerland's objections were
accepted by the ECtHR. Switzerland is one of the countries that
recognize the 1915 events that led to the killings of the Armenian
minority in the Ottoman Empire during World War I as `genocide,' and
accepted the law that legitimizes its denial as a crime.
A Turkish court ruled on Jan. 19 to lift a travel ban on the
ultranationalist politician, ahead of the ECtHR hearing allowing him
to be present at the hearing. Perinçek was convicted in Turkey of
being a member of Ergenekon, a network described by a court as an
armed terrorist organization bent on overthrowing the government
through a coup. He was released from prison in March of last year, and
his travel ban has remained in force until now.
The Ergenekon case is being heard by the Turkish Supreme Court of
Appeals; however, the Ä°stanbul court ruled to lift the travel ban,
saying Perinçek's appearance at the ECtHR is of importance.
After the members of the grand chamber made their opening remarks,
Mehmet Cengiz, one of Perinçek's representative counsels, took the
floor, saying, `This is a case of freedom of speech.'
Cengiz said, `Dr. Perinçek made a judicial analysis and acknowledges
there was an `actus reus' [objective element of a crime], but
reiterated that the events of 1915 cannot be deemed a genocide."
Cengiz also stated that the court does not have jurisdiction to
preside over historical matters. He said Perinçek also made similar
speeches in France and Germany but had no judicial action taken
against him.
Stating that his client has been against xenophobia and racism all his
life, Cengiz said: `Dr. Perinçek has spent his life in prison for
fighting against prisons. A socialist [political] party he led was
shut down in 1991 for taking a pro-Kurdish stance.'
Perinçek: We're here for liberty of Europeans
Perinçek then took the floor saluting the members of the court and
declaring, `I trust your court.' He continued, `We're here for the
liberty of Europeans.'
Stating that freedom is needed for divergent opinions and that the
ruling given out by the court on Dec. 17 represents the European
heritage, Perinçek said: `We fully defend this decision. This ruling
guarantees freedom of expression.'
Perinçek reiterated his position by saying, `The events of 1915 do not
fit the legal classification of genocide,' adding, `It is the duty of
the European judicial system to protect our freedom of speech.'
Indicating that he always felt that what happened during the 1915
events was due to the "super powers" of the time, Perinçek said, `I
[have] always felt close to the Armenians.'
Stefan Talmon, one of the counsels of the Turkish government, stated
that the Swiss government does not recognize the genocide, so the
ruling given by the Swiss government is interesting.
`The present case cannot be compared to the Holocaust. The applicant
has not claimed that the victims have distorted history. The applicant
[Perinçek] actually acknowledges it. He disputes the legal
characterization,' Talmon said. `Calling something an international
lie is not the same as claiming a group of people liars.'
Franck Schürrman, representing the Swiss government, then took the
floor and said, `We're convinced that the domestic [Swiss] courts gave
a well-reasoned judgment.'
Stating that the provision came into force by a referendum and had
neutral wording, citing `a' genocide, not `the' genocide, Schürrman
went on to say that the referendum was 54.6 percent in favor of
passing the legislation.
Recalling that the provision allowing the criminalization of those
rejecting the Armenian genocide in Switzerland has been in force since
1995, Schürrman said: `There have been 16 instances of parliamentary
action for its abolition. Fifteen have been rejected. One is ongoing.'
Highlighting that genocide and such acts are the most serious crimes
against humanity and that many European countries recognize this,
Schürrman said, `Switzerland opted for a criminal procedure.'
According to Schürrman, Perinçek was the first to be criminalized in
terms of the Armenian genocide in Switzerland.
Turkey categorically denies the claims of Armenian genocide, saying
there were deaths on both sides when Armenians revolted against the
Ottoman Empire during World War I to create their own state in
collaboration with Russian forces invading Eastern Anatolia.
The Turkish Republic attended the hearing as a third party and was
represented by ErdoÄ?an Ä°Å?can, Stefan Talmon and Halime Ebru Demircan.
The government of Armenia also attended the hearing as a third party
and was represented by Gregorv Konstanyan, Geoffrey Robertson QC and
Amal Clooney. A delegation from the Turkish Constitutional Court was
also at the hearing.
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 perspective. She criticized the court's earlier
ruling in favor of Perinçek, saying the judges did not examine
relevant documents or hear witnesses and noting that the Ottoman
Empire had promised, while signing the 1920 Treaty of Sevres, to bring
to justice the perpetrators of the killings of Armenians. She also
said Armenia had 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 racist elements and that he merely opposed the
characterization of the events as "genocide," something which, the
lawyers said, should be possible in a democratic society.
Many high-profile figures from Turkey were present at the hearing such
as Republican People's Party (CHP) deputies Deniz Baykal, Gülsün
Bilgehan, Haluk Koç; independent deputy Sühel Batum; Justice and
Development Party (AK Party) deputies Egemen BaÄ?ıÅ? and Å?aban DiÅ?li;
artist Bedri Baykam as well as groups of supporters outside the
building.
The Strasbourg court will announce its ruling on the case at a later date.
http://www.todayszaman.com/anasayfa_turkish-politician-reiterates-position-says-events-of-1915-not-genocide_371084.html
Jan 28 2015
Turkish politician reiterates position, says events of 1915 not genocide
Chairman of the Turkish Workers' Party DoÄ?u Perinçek is seen before
the start of his hearing before the European Court of Human Rights in
Strasbourg on Wednesday. (Photo: DHA)
January 28, 2015, Wednesday/ 18:04:10/ ARÄ°F TEKDAL / STRASBOURG
A Turkish politician has defended himself at the European Court of
Human Rights (ECtHR) for having publicly denied in Switzerland that a
genocide took place against the Armenian people, saying he stands by
his position that the events of 1915 do not fit the legal
classification of genocide.
On Dec. 17, 2013, the ECtHR ruled by five votes to two that
Switzerland violated the right to freedom of speech by convicting DoÄ?u
Perinçek, chairman of the Turkish Workers' Party (Ä°P), for having
publicly denied that a genocide took place against the Armenian
people.
Perinçek declared that the events that befell the Armenians under
Ottoman rule in 1915 and which the Armenians call genocide are an
`international lie.'
The hearing on Wednesday came after Switzerland's objections were
accepted by the ECtHR. Switzerland is one of the countries that
recognize the 1915 events that led to the killings of the Armenian
minority in the Ottoman Empire during World War I as `genocide,' and
accepted the law that legitimizes its denial as a crime.
A Turkish court ruled on Jan. 19 to lift a travel ban on the
ultranationalist politician, ahead of the ECtHR hearing allowing him
to be present at the hearing. Perinçek was convicted in Turkey of
being a member of Ergenekon, a network described by a court as an
armed terrorist organization bent on overthrowing the government
through a coup. He was released from prison in March of last year, and
his travel ban has remained in force until now.
The Ergenekon case is being heard by the Turkish Supreme Court of
Appeals; however, the Ä°stanbul court ruled to lift the travel ban,
saying Perinçek's appearance at the ECtHR is of importance.
After the members of the grand chamber made their opening remarks,
Mehmet Cengiz, one of Perinçek's representative counsels, took the
floor, saying, `This is a case of freedom of speech.'
Cengiz said, `Dr. Perinçek made a judicial analysis and acknowledges
there was an `actus reus' [objective element of a crime], but
reiterated that the events of 1915 cannot be deemed a genocide."
Cengiz also stated that the court does not have jurisdiction to
preside over historical matters. He said Perinçek also made similar
speeches in France and Germany but had no judicial action taken
against him.
Stating that his client has been against xenophobia and racism all his
life, Cengiz said: `Dr. Perinçek has spent his life in prison for
fighting against prisons. A socialist [political] party he led was
shut down in 1991 for taking a pro-Kurdish stance.'
Perinçek: We're here for liberty of Europeans
Perinçek then took the floor saluting the members of the court and
declaring, `I trust your court.' He continued, `We're here for the
liberty of Europeans.'
Stating that freedom is needed for divergent opinions and that the
ruling given out by the court on Dec. 17 represents the European
heritage, Perinçek said: `We fully defend this decision. This ruling
guarantees freedom of expression.'
Perinçek reiterated his position by saying, `The events of 1915 do not
fit the legal classification of genocide,' adding, `It is the duty of
the European judicial system to protect our freedom of speech.'
Indicating that he always felt that what happened during the 1915
events was due to the "super powers" of the time, Perinçek said, `I
[have] always felt close to the Armenians.'
Stefan Talmon, one of the counsels of the Turkish government, stated
that the Swiss government does not recognize the genocide, so the
ruling given by the Swiss government is interesting.
`The present case cannot be compared to the Holocaust. The applicant
has not claimed that the victims have distorted history. The applicant
[Perinçek] actually acknowledges it. He disputes the legal
characterization,' Talmon said. `Calling something an international
lie is not the same as claiming a group of people liars.'
Franck Schürrman, representing the Swiss government, then took the
floor and said, `We're convinced that the domestic [Swiss] courts gave
a well-reasoned judgment.'
Stating that the provision came into force by a referendum and had
neutral wording, citing `a' genocide, not `the' genocide, Schürrman
went on to say that the referendum was 54.6 percent in favor of
passing the legislation.
Recalling that the provision allowing the criminalization of those
rejecting the Armenian genocide in Switzerland has been in force since
1995, Schürrman said: `There have been 16 instances of parliamentary
action for its abolition. Fifteen have been rejected. One is ongoing.'
Highlighting that genocide and such acts are the most serious crimes
against humanity and that many European countries recognize this,
Schürrman said, `Switzerland opted for a criminal procedure.'
According to Schürrman, Perinçek was the first to be criminalized in
terms of the Armenian genocide in Switzerland.
Turkey categorically denies the claims of Armenian genocide, saying
there were deaths on both sides when Armenians revolted against the
Ottoman Empire during World War I to create their own state in
collaboration with Russian forces invading Eastern Anatolia.
The Turkish Republic attended the hearing as a third party and was
represented by ErdoÄ?an Ä°Å?can, Stefan Talmon and Halime Ebru Demircan.
The government of Armenia also attended the hearing as a third party
and was represented by Gregorv Konstanyan, Geoffrey Robertson QC and
Amal Clooney. A delegation from the Turkish Constitutional Court was
also at the hearing.
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 perspective. She criticized the court's earlier
ruling in favor of Perinçek, saying the judges did not examine
relevant documents or hear witnesses and noting that the Ottoman
Empire had promised, while signing the 1920 Treaty of Sevres, to bring
to justice the perpetrators of the killings of Armenians. She also
said Armenia had 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 racist elements and that he merely opposed the
characterization of the events as "genocide," something which, the
lawyers said, should be possible in a democratic society.
Many high-profile figures from Turkey were present at the hearing such
as Republican People's Party (CHP) deputies Deniz Baykal, Gülsün
Bilgehan, Haluk Koç; independent deputy Sühel Batum; Justice and
Development Party (AK Party) deputies Egemen BaÄ?ıÅ? and Å?aban DiÅ?li;
artist Bedri Baykam as well as groups of supporters outside the
building.
The Strasbourg court will announce its ruling on the case at a later date.
http://www.todayszaman.com/anasayfa_turkish-politician-reiterates-position-says-events-of-1915-not-genocide_371084.html