Perinçek v. Switzerland

Perinçek v. Switzerland
Court European Court of Human Rights
Decided 15 October 2015
Case history
Prior action(s) Chamber judgment 2013

Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights (ECHR) concerning public statements by Doğu Perinçek, a political activist, lawyer and former Chairman of the Turkish Workers’ Party, who was convicted by a Swiss court for publicly denying the historical fact of the Armenian genocide.[1][lower-alpha 1]

A preliminary hearing on the appeal by Switzerland was held on 28 January 2015. The Grand Chamber ruled in favour of Perinçek on 15 October 2015, who has argued his right to freedom of expression.

Background

During his visits to Switzerland, Doğu Perinçek, a Turkish political activist, repeatedly called the Armenian Genocide of 1915 a "great international lie".[2] He was found guilty of racial discrimination by a Swiss district court in Lausanne in March 2007. He was sentenced to 90 days imprisonment and fined 3000 Swiss francs.[3] At the trial, Perinçek denied the charge thus: "I have not denied genocide because there was no genocide."[4] After the court's decision, he said, "I defend my right to freedom of expression." Perinçek appealed the verdict. In December 2007, the Swiss Federal Court confirmed the sentence given to Perinçek.[5] Perinçek then appealed to the ECHR.

Judgment

In December 2013 the European Court of Human Rights ruled by 5-2 that Switzerland had violated Doğu Perinçek's freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. It ruled that Perinçek had not abused his rights within the meaning of Article 17 of the Convention, which prohibits individuals using the rights of the Convention to seek the abolition or restriction of other individuals' rights guaranteed by the Convention.

The Court pointed out that " ... it was not called upon to rule on the legal characterisation of the Armenian Genocide. The existence of a “genocide”, which was a precisely defined legal concept, was not easy to prove. The Court doubted that there could be a general consensus as to events such as those at issue, given that historical research was by definition open to discussion and a matter of debate, without necessarily giving rise to final conclusions or to the assertion of objective and absolute truths."[6]

Appeal

After the ruling the government of Switzerland announced its decision to appeal the court’s ruling. On 3 June 2014 the ECHR accepted the appeal to move on to the Grand Chamber to clarify the scope available to Swiss authorities in applying the Swiss Criminal Code to combat racism.[7][8]

The first hearing took take place on 28 January 2015 with Perinçek represented by Prof Laurent Pech, head of Department of Law at Middlesex University in London, and Turkey represented as a third party by Prof Stefan Talmon, who is a professor of law at Oxford University.[9] Switzerland was represented by lawyer Frank Schürmann while Armenia was represented as a third party by Doughty Street Chambers led by Geoffrey Robertson QC and Amal Clooney. The Court's subsequent deliberations were held in private.[10][11] A video of the first hearing of the appeal can be found on the website of the European Court for Human Rights.

The Grand Chamber ruled in favour of Perinçek on 15 October 2015.[12] In a statement issued by Armenia's counsel, Geoffrey Robertson and Amal Clooney said they were pleased the Court had endorsed their argument on behalf on Armenia. The judgment did not dispute the fact of the Armenian genocide and recognised Armenians' right under European law to have their dignity respected and protected, including the recognition of a communal identity forged through suffering following the annihilation of more than half their race by the Ottoman Turks.[13]

Reception

Professor Dirk Voorhoof of Ghent University wrote a positive critique of the judgment and argues that it "would certainly be a sad day for freedom of expression in Europe" if the judgment was successfully appealed to the Grand Chamber.[1]

The Armenian writer Harut Sassounian described the Court’s 2013 judgment an endorsement of the denialist stance of both Turkey and Perinçek.[14] Geoffrey Robertson QC called Perinçek a "vexatious litigant pest" at the ECHR hearing.[15] Australian Turkish Advocacy Alliance has accused Geoffrey Robertson and Amal Clooney of hypocrisy.[16][17]

See also

Notes

  1. ↑ Perinçek's 2013 indictment in Turkey was unrelated to this case and was to do with the Ergenekon trials where Perinçek was found guilty of plotting against the Turkish government and was given a life sentence (from which he was released in March 2014).

References

  1. 1 2 Voorhoof, Dirk. "Criminal conviction for denying the existence of the Armenian “genocide” violates freedom of expression". strasbourgobservers.com. Strasbourg Observers.
  2. ↑ Akkoc, Raziye (15 October 2015). "Right to deny Armenian genocide upheld by European court in blow to Amal Clooney". Daily Telegraph
  3. ↑ "Conviction for denial of Armenia genocide - humanrights.ch". humanrights.ch. 2011-01-12. Retrieved 2014-04-04.
  4. ↑ "Turk guilty over genocide remarks". BBC News. 9 March 2007.
  5. ↑ Court confirms verdict against Perinçek, SwissInfo, December 19, 2007
  6. ↑ "Criminal conviction for denial that the atrocities perpetrated against the Armenian people in 1915 and years after constituted genocide was unjustified". ECHR (press release).
  7. ↑ European Rights Court Agrees to Hear Swiss Appeal on Perinçek Ruling. Asbarez. 3 June 2014. Retrieved 3 June 2014
  8. ↑ Völkermord-Urteil wird überprüft. (German) Neue Zürcher Zeitung. 3 June 2014. Retrieved 3 June 2014
  9. ↑ "ECHR adjourns ruling on Turkey’s Worker’s Party chair over 1915 statements", Hurriyet Daily News, published January 28, 2015
  10. ↑ Squires, Nick (12 January 2015). "Amal Clooney takes on Armenia genocide case in European court". The Daily Telegraph.
  11. ↑ Malm, Sara. "It's Amal versus the genocide-deniers: Mrs Clooney leads Euro-court fight for Turkish MP to be prosecuted for calling death of 1.5 million Armenians 'a lie'". The Daily Mail.
  12. ↑ "European Court confirms Perinçek's right to freedom of speech". Swissinfo.
  13. ↑ "Robertson, Clooney Issue Statement on ECHR Ruling". asbarez.com/.
  14. ↑ "Switzerland Must Appeal European Court’s Verdict on the Armenian Genocide | Asbarez Armenian News". asbarez.com. Retrieved 2014-04-04.
  15. ↑ Third Party - Armenian Government's observations, Hearing of Perinçek v Switzerland Case January 28th, 2015, European Court of Human Rights
  16. ↑ "Geoffrey Robertson : A Man with two faces", Australian Turkish Advocacy Alliance
  17. ↑ "Caption Contest", Australian Turkish Advocacy Alliance's website

External links

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