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ECHR Holds Hearing on Genocide Denial (Detailed Report)

STRASBOURG (A.W.)—The European Court of Human Rights (ECHR) held a Grand Chamber hearing on Jan. 28, in the case of Dogu Perincek v. Switzerland. The case stems from a Swiss court verdict that in 2007 fined Perincek, a Turkish ultra-nationalist activist and chairman of Turkey’s Workers’ Party, over his 2005 statement calling the Armenian Genocide an “international lie.” In appealing to the ECHR, Perincek’s defense argued that the Swiss court violated Perincek’s right to freedom of expression; the court ruled in their favor in 2013. On March 7, 2014, Switzerland filed an appeal, which led to this month’s hearing.

Attorney Amal Clooney (L) criticized Turkey’s track record on violations of freedom of expression, calling it 'disgraceful.'

Attorney Amal Clooney (L) criticized Turkey’s track record on violations of freedom of expression, calling it ‘disgraceful.’

The Armenian legal team was comprised of Armenia’s Prosecutor General Gevorg Kostanyan, and attorneys Geoffrey Ronald Robertson and Amal Alamuddin Clooney.

In his statements, Robertson said that Perincek is “a genocide denial forum shopper,” and that “[h]e seeks out countries in Europe where he can be convicted, and by so doing promote himself and his perverse view of history.” Robertson also referred to Perincek as a “vexatious litigant” and a “pest.”

A mere ‘opinion’

Mehmet Cengiz, representing Dogu Perincek, presented before the court first, and argued that Perincek’s motives were not of a racist nature, but that his statements were in essence a legal assessment of the “1915 events.”

“Dr. Perincek made a legal assessment. He did not ignore the massacres and the deportations; he did not deny the actus reus of the 1915 events. The dispute between the parties concerns the legal definition of the tragic events that took place a hundred years ago in the Ottoman Empire. Mr. Perincek defends that these events cannot be defined as a crime of genocide. Perincek rejects the judicial qualifications of the events as genocide and bases his opinions on the 1948 UN Genocide Convention,” said Cengiz, who also claimed that there is no consensus on the genocide. “Mr. Perincek made similar statements in both Germany and France and did not face similar charges,” he said.

Cengiz argued that Perincek had no racial motives, having spent his life countering racism. “You can seek many motivations, many intents…but even if you sought for 1,000 years, you won’t find a racist intent because Dr. Perincek has spent his lifetime fighting against racism, this is why he has served 14 years in prison… Take a look at his files: in every case he fought against racism.”

Perincek then spoke about “Europe’s tradition and heritage of liberty.” “Freedom of expression means liberty for different, even deviating, opinions, and freedom is needed for those who oppose the status quo. If circulating opinions and prejudices cannot be discussed then there is no freedom,” said Perincek. “We need to make sure we rid ourselves from the negative effects of judgments, opinions, which dates back to the First World War. The consciousness, the thinking of the Europeans about the event of 1915 should not be surrounded and besieged by prohibitions. Let us secure the freedom to access the truth.”

Perincek also spoke about “90 kilos” of documents that his team submitted to the court as evidence in an attempt to prove why the Armenian Genocide should not be labeled as such.

Perincek spoke about “the pain” he “shares” with the Armenian people, while claiming that massacres and forced deportations were “mutual” in the Ottoman Empire.

“Let us protect peace and brotherhood in Europe, in Turkey. The accusation of the Armenian Genocide has turned into a taboo, it’s turned into a tool to discriminate against Turkish people, to humiliate Turks,” said Perincek, adding, “Today Turks and Muslims are the black people of Europe. Let also the oppressed ones defend themselves.”

Perincek is greeted by members of the media (Photo: EAFJD)

Perincek is greeted by members of the media (Photo: EAFJD)

Until two days before the hearing, Perincek was under a travel ban due to an ongoing Ergenekon-related case against him. The Istanbul 4th High Criminal Court lifted the travel ban on Jan. 26. “Now, the [next step] is [for] the historical case in Strasbourg to finalize the lie of Armenian Genocide,” read a statement released by the socialist Workers’ Party, which Perincek chairs, according to Turkish sources.

Christian Laurent Pech, also representing Perincek, said the trial was not about whether the proper characterization of what happened to the Armenians in 1915 is genocide. “In these troubled times, we find it important to recall that one of the main purposes of freedom of expression is to protect opinions that might not be popular whether in Switzerland, Turkey, or elsewhere,” he said.

Stefan Talmon, representing the government of Turkey, argued that Perincek was merely sharing an opinion, which is not the same as targeting a certain group of people. “Calling something an ‘international lie’ is not the same as calling a certain group of persons ‘liars,’ as such, it has no racial connotation,” said Talmon.

A ‘well-reasoned’ judgment

Representing the government of Switzerland, Frank Schurmann laid out why his government believes that the Swiss court handed down “well-reasoned judgments reaching a perfectly justifiable result.” He argued that the lower court in reaching its verdict ignored the context in which Perincek’s statements were uttered. He forcefully argued that victims of genocidal crimes, as well as their descendants, deserve to have their rights legally protected from statements that are an assault on their human dignity.

“It is not denial per se which warrants punishment, but the hate and discriminatory intent that must also be present,” argued Schurmann. “Let us also recall the applicant’s identification with Talaat Pasha, one of the instigators of the fact in issue, found guilty by the court martial of the Ottoman Empire,” he said. Schurmann cited the intervention offered to the court in favor of Armenia by Turkish human rights organizations, which helped place Perincek’s statements into a larger context.

Professor Daniel Thurer also spoke on behalf of the Swiss government, providing more arguments in support of the Swiss court’s position.

Genocide denial can have ‘double impact’

Armenia’s Prosecutor General Gevorg Kostanyan presented the history of the Armenian Genocide and introduced Geoffrey Robertson QC to address the Grand Chamber. Robertson, who is representing Armenia on behalf of Doughty Street Chambers, along with human rights barrister Amal Clooney, provided the court with an in-depth historical background of the Armenian Genocide and warned about the dangers of genocide denial.

“Genocide denial can have double impact. It can make genocide survivors and their children and grandchildren feel the worthlessness and contempt and inferiority that the initial perpetrators intended,” said Robertson, adding that denial can incite “admirations for those perpetrators and a dangerous desire to emulate them.”

A scene from the hearing (Photo: EAFJD)

A scene from the hearing (Photo: EAFJD)

 

While there was much debate from Perincek’s counsel that the defendant did not have discriminatory intentions, Robertson reminded the Grand Chamber that the Swiss court had, in fact, decided that Perincek’s motives were racist, and that “his words in the Turkish language were designed to arouse his supporters in Turkey to hate Armenians and to applaud his hero, Talaat Pasha, the Ottoman Hitler.” Robertson made it clear that Perincek traveled to Switzerland with the purpose of being convicted; something that he had tried to do in France, Germany, and most recently in Greece.

According to Robertson, the denial of the Armenian Genocide is inherently insulting to all Armenians. While he called the Holocaust an “appalling example of the worst of crimes against humanity,” he stated that it is wrong to excuse or to minimize other mass murders on the grounds of race and religion because they have fewer victims or different methods of killing. “What matters to Armenians, and Jews, and Bosnians, and Bengalis to Rwandan Tutsis and today, Yezidis, is not the manner of their death or whether an international court has convicted the perpetrators, but the fact that they were targeted as unfit to live because they were Jews or Armenians or Yezidis,” he explained.

Clooney offered further historical background on the Armenian Genocide, and said that “the most important error by the court below is that it cast doubt on the reality of the Armenian Genocide that the people suffered a hundred years ago.”  She argued that this finding on the genocide was not necessary in the case, that it was reached without a proper forensics process, and most importantly, that it was wrong.

“This court is not the forum and Mr. Perincek is not the case in which to determine state responsibility for the crime of genocide. But if this chamber were minded to make such a judicial determination, then Armenia must have its day in court. We would, in that case, welcome the opportunity to submit evidence, which we consider to be overwhelming, that the massacres that killed over a million Armenians would today be labelled as genocide,” said Clooney.

‘This court is not the forum and Mr. Perincek is not the case in which to determine state responsibility for the crime of genocide. But if this chamber were minded to make such a judicial determination, then Armenia must have its day in court. We would, in that case, welcome the opportunity to submit evidence, which we consider to be overwhelming, that the massacres that killed over a million Armenians would today be labelled as genocide.’

Clooney went on to criticize Turkey’s track record on violations of freedom of expression, calling it “disgraceful.” Speaking to the Grand Chamber, she outlined how the European Court of Human Rights had found against the Turkish government in 224 separate cases on freedom of expression grounds. She then made a reference to Hrant Dink, who was prosecuted by Turkey and assassinated by a Turkish nationalist in 2007. “Although this case involves a Turkish citizen, Armenia has every interest in ensuring that its own citizens do not get caught in the net that criminalizes freedom of speech too broadly, and the family of Mr. Hrant Dink know that all too well.”

Clooney concluded her remarks by pointing out that Perincek and his colleagues on the Talaat Pasha Committee, a committee named after the principal perpetrator of the Armenian Genocide and deemed to be xenophobic by the European Parliament, “celebrated the judgment in its current terms, and triumphantly complained that it has solved the Armenian Question once and for all.” According to Clooney, the comments on the lower court judgement “dishonor the memory of the Armenians who perished under the Ottoman Empire a century ago and assist those who will deny the genocide and incite racial hatred and violence.” She expressed hope that the chamber would “set the record straight.”

Comments, protests

Bedo Demirdjian, the communications and PR officer for the European Armenian Federation for Justice and Democracy (EAFJD), said that “denial of genocide, inciting hate, and making racist comments in Europe are not a right, but are crimes that should be punished accordingly.” EAFJD was involved in a supporting role to one of the third parties that intervened on behalf of Armenia.

Demirdjian, who followed the court hearings in Strasbourg, said that “Perincek’s defense tried to confuse the court by saying that he doesn’t refute the massacres of Armenians; acknowledges the pain suffered; and [argues] that Turks have also been killed, [which is why] we cannot give the genocide [that] characterization. This is unacceptable to us: equating the victim and perpetrator. This is the official line of the Turkish state to whitewash their crime.”

Speaking to Yerkir Media a day before the trial, ARF Bureau member Mourad Papazian said, “We don’t think that the ECHR will side with Perincek and Turkey because truth is on our side.”

Hundreds of Turkish protestors gathered outside the courthouse (Photo: EAFJD)

Hundreds of Turkish protesters gathered outside the courthouse (Photo: EAFJD)

According to police, hundreds of Turkish protesters gathered outside the courthouse, carrying Turkish and Azeri flags, portraits of Ataturk, and banners. Some began cheering as Perincek emerged from the court.

“The protesters were primarily Turkish nationalists, Kemalists, and Perincek-sympathizers who had come to the court in busses. In reality, their protest does not present any real value to the case, since their voices were not heard inside the court,” said Papazian, who is also the chairman of the Co-ordination Council of Armenian organizations of France (CCAF) and attended the trial.

Armenian organizational representatives from across Europe as well as dozens of Armenians gathered in front of the Human Rights Court building to call for an end to genocide denial.

To watch the full video of the hearing, click here.

 

17 Comments on ECHR Holds Hearing on Genocide Denial (Detailed Report)

  1. Wow… truly a historical moment! How appropriate such a trial is 100 years since the Armenian Genocide.

  2. avatar EVERETT MARABIAN // January 28, 2015 at 7:08 pm // Reply

    I served in the US Army in Korea during the Korean War (1953-1954)with Turkish soldiers. I had a top secret clearance so was able to move around the war zone quite freely looking for Armenian soldiers in the Turkish army. When I approached the Turks in their base of operations I asked if there were any Armenian guys in their outfit and you should have seen the expressions on their faces. I had three other US Army guys with me and the Turks did everything they could to find Armenians drafted into the Turkish army and serving in Korea. They probably thought we came to start some trouble when they learned I was Armenian. Eventually, I found two Armenian Turkish officers, Levon Sarkisian and Harent Condon, who I became friendly with while we were there. Harent said then when he gets back to Turkey he is going to get out of there and come to the USA which he did and the last I talked to him, about 25 years ago, he was living in Long Island, NY. I can’t begin to tell you the hatred they had for the uniform they had to wear. Well, I could go on and tell you much more but I’ll end it here. GOD BLESS THE USA AND ARMENIA!

    • avatar Random Armenain // January 29, 2015 at 11:54 am //

      Thank you for this story. It’s very interesting to hear such individual anecdotes.

      How much did you interact with the Turkish soldiers and what was that like.

  3. Perincek’s opening statement was a reminder of what freedom of speech is all about. And his later remarks correcting Ms. Clooney’s comments about Talaat Pasha along with those of Queen Council G. Robertson’s were indeed a remarkable display of one of the many dis-and misinformation that has been perpetrated throughout the world by Armenian activists. All in all, no matter which way the ECtHR may decide, it is heartening to see that the other side of the coin is finally being shown on the world stage. That, in itself, is a game-changer.

    • avatar Random Armenain // January 29, 2015 at 12:03 pm //

      Talaat had blood on his hands, including my family’s. If you see him as a hero, then you’re for the crime he committed.

      And what you call “misinformation” is actually our collective experience and not something pushed by “Armenian activists”. And that “misinformation” includes what non-Armenians saw and recorded for history, as Amal Clooney pointed out.

      What’s the game changer? Turkey has been covering up the genocide since the end of WWI. That countries are affirming that 1915 was genocide and being accepted by historians and that more people know about it is what’s the game changer. Otherwise people had forgotten about the Armenian genocide thanks to Turkish activism to erase history.

      Have you not noticed how the Armenian Genocide is being reported in the news? Have you not noticed that it’s being talked about more and more in Turkey, how it’s less of a taboo, how there are now Turks, even if small in numbers, who have been commemorating April 24 in Istanbul?

      The tide is turning.

    • avatar Random Armenian // January 29, 2015 at 1:42 pm //

      Let’s also not forget all the freedom of speech issues in Turkey. One could not talk about 1915 in any shape or form. How many people were jailed or dragged into court because of what they said about the Armenian Genocide. How many journalists are in prison in Turkey. Did you miss the part where Amal Clooney pointed out the freedom of speech issues in Turkey?

    • avatar Aram Korkumaz // January 29, 2015 at 2:52 pm //

      Charity starts at home, I suggest you go and champion for free speech in Turkey. Remember Dink, Gezi, Taksim, etc… How many Turkish journalists are languishing in jail for exercising their freedom of expression? What have you personally done to help their cause?

  4. avatar sylva-MD-Poetry // January 29, 2015 at 5:43 am // Reply

    Thank you Dr. Amal Alam Aldeen-Clooney
    Our Hope … Our Yeraz* 
    Your are “The Queen of Humanity” 
    Queen of the Humans Right,

    No one can deny …
    No one can criticize …

    Queen of the English language 
    Queen of precisive phrases
    Queen of the International Law 
    Queen of a respectful female face  
    Queen of dignity…

    Carrying Queen-ness with ironic lawfulnees.
    Every human who love Justice, fairness, truthfulness, 
    Must respect …and apply for every race and in far terrains 
    Those luckless who lost that great gesture, treasure…
    Freedomness…As…every creature crying for…
    To express, and yet live in peace.

    Dr. Sylva Portoian
    January 29, 2015

  5. PERINCHECK’S CROCODILE TEARS THAT HE FEELS THE PAIN OF THE MURDER ARMENIAN PEOPLE BY THE ORDER OF TALAT HE HOLDS TALAT IN HIGH ESTEEM THEREFORE HE IS PROUD OF THE GENOCIDAL ACTIONS OF TALAT AGAINST THE ARMENIANS THE OTTOMAN HITLER.ARMENIANS DON’T NEED WOLVES IN SHEEP CLOTHES.

  6. avatar Irene karras-wallingford // January 29, 2015 at 12:50 pm // Reply

    I lived in Armenia as a Peace Corps volunteer. Love the people & country. Turkey committed much against Greeks too.

    • Indeed. The Otttoman Empire and Turkish Republic committed genocide against Armenians, Greeks, Dersim Kurds, Alevi Kurds, Yezidis, Assyrians, Aramaens, Maronites, Bulgarians.

  7. avatar john the turk // January 29, 2015 at 2:09 pm // Reply

    I told the crowd here what the outcome will be before the court delivered the verdict for the perincek case.we also know what will be the final verdict of the court.not because we communicated with the judges but used common sense.when the court delivered its verdict you will hear that turkey bribed the judges or intimidated europe etc.

  8. Turkey Guilty of 1.5 Million Armenian Genocide!!

  9. With freedom of expression comes the responsibility of being politically correct, not offensive and not distorting the truth. Denying the Armenian Genocide is not only distorting a well documented historical truth but is also condoning such a crime as acceptable, to be carried out time and time again. History is full of such crimes which have been allowed to be carried out over and over again because the perpetrators have been allowed to get away with it.If Turkey had been properly dealt with for the Armenian Genocide it is less likely that others would have dared to commit similar crimes against the Jews, Rwandans etc. It is never late to set the records right but it is an ongoing crime against the victims and humanity to deny a such a criminal acton.

  10. Sevgin Oktay,

    Perincek’s disgusting statements are actually a reminder of the continuation of the criminal Turkish nation’s endless denial of committing genocide against the Armenian people. Denying the historical facts of the worst possible crime against humanity, genocide, is by itself a crime. And if denial of the Jewish Genocide is a crime in Europe, then the denial of the Armenian Genocide is equally a crime. Therefore, Perincek belongs in prison; and by finally convicting him of this crime, will teach a valuable lesson to the rest of those genocide-denialist scums of the criminal Turkish nation. Hopefully, the ECHR will finally uphold justice and send that piece of filth (Perincek) to the garbage can where he belongs; but even if they don’t, it’s still heartening to have the world notice how more and more desperate the criminal Turkish nation is becoming in covering up its barbaric past.

  11. Talaat must be feeling the heat in hell next to Hitler and saying… ARMENIANS WILL NOT FORGET!!!

  12. Let there be not an ounce of doubt in your minds that is nothing more than another form of Turkish racism and hate towards their Armenian victims. This is not about fighting for the freedom of speech to express one’s thoughts without fear of legal prosecution but rather it is about the freedom to hate and the freedom to continue to deny the Armenian Genocide perpetrated on the indigenous Armenians in their own homeland by the blood-thirsty and nomadic Central Asian Turkish ancestors of this disgusting Perincek, a wolf in sheep’s clothing.

    Why would a Turkish politician, and an activist in an organization named after Talat the mastermind of the Armenian Genocide, go out of his way to travel to a foreign country to take advantage of loopholes in the liberal European laws to challenge a historical fact that emptied over two million Armenians from their ancient and now-occupied and confiscated homeland with 1,500,000 brutally murdered in the process, other than for denial and hatred when, in fact, no such freedoms are extended to the citizens of his own country?

    Only Turks of his caliber have the audacity to do such hateful things when only a few years back in his own illegal and fascist country of Turkey another Turkish citizen, but NOT of Turkish origin, Hrant Dink tried to use his freedom of expression in “democratic” Turkey and was gunned down by an ultranationalist juvenile coward in front of his own office.

    Turks are NOT fooling anyone but themselves. It is just a matter of time that you will brought down to your knees.

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