The Armenian Bar Association last week sent the following letter to Manuel Sager, ambassador of Switzerland to the United States, and Uhlirch Lehner, the ambassador of Switzerland to Canada.
On Dec. 17, 2013, a Chamber judgment of the European Court of Human Rights (hereinafter, the “ECHR”), in the case of Perinçek vs. Switzerland (application no. 27510/08), held that Article 261bis, paragraph 4 of the Swiss Criminal Code violates Article 10 of the European Convention on Human Rights. The majority judgment is neither final nor binding and the delay to refer the decision to the Grand Chamber of the Court expires on March 17, 2014.
The Armenian Bar Association is the largest, most diverse group of Armenian-American judges, lawyers, law professors, and students united by the greatest—and often elusive—universal interest, namely justice. We vigorously condemn what we consider as a blatant travesty of justice.
Given the powerful dissent of Judges Vučinić and Pinto de Albuquerque, we are confident that the Grand Chamber of the Court will agree that the case deserves further examination, to reverse the majority decision and deliver a just final judgment, upholding Swiss Law.
With this non-final ruling, the ECHR casts a shadow of doubt on the veracity of the Armenian Genocide. Under the guise of protecting freedom of expression, the court tramples on universal values against inciting hatred, and abuse of rights. The judgment also risks creating an unfortunate legal precedent for all abhorrent versions of denial and hate speech, thereby establishing a blueprint of immunity that would encourage future perpetrators of genocide.
The decision further enhances the credibility of individuals such as Mr. Doğu Perinçek, who has been convicted to life in prison in Turkey, under conspiracy and various other charges.
The Armenian Bar Association thanks Switzerland for its brave stand on Genocide recognition and denial prevention. We hereby request that you convey our message to the Federal Council of Switzerland, so that it may apply to the ECHR Grand Chamber, if it has not done so already.
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What will criminalization of the Armenian Genocide entail at individual level?
Will an ignorant European citizen bear the brunt of the law should he voice his opinion that he does not believe that the Armenian Genocide happened? Or will conforming to the Armenian Genocide be akin to driving at a certain speed out of fear of penalty for driving fast?
I believe that if we push this to become the law of the European Union, we may succeed in putting a major stumbling block to Turkey’s acess and not much else.
Why don’t you write the same post, except substitute Jewish Holocaust for Armenian Genocide, ‘Vahe’oglu ?
Denialists of JH are routinely jailed – JAILED – in Europe.
(e.g. look up Ernst Christof Friedrich Zündel ).
If you, Vahe, are actually Armenian, then you Sir, are a disgrace to our Armenian Nation: you insult the memory of our 2 million murdered ancestors: women, children, babies.
God forgive you for spitting on the graves of our murdered ancestors.
Vahe/’Vahe’oglu this is not about “ignorant European citizen…” but about massive multi-million denial industry of Turkey and its export of “ignorance”, distortion and denial to Europe and the world in general. The ECHR’s blatantly biased and immoral decision encourages the latter and calls upholders of the truth (of the Armenian Genocide) liars. That is why it must be reversed.
Avery and Bargain
I find criminalization of the denial of holocaust a draconian law, akin to infamous article 301 in Turkey. Unlike you both, I find resorting to such laws demeaning to the memory of Genocide victims.
Having said this, both of you have resorted to verbally and derogatorily attack me and evade you to answer a question I posed: “What will criminalization of the Armenian Genocide entail at individual level?”.
{“I find criminalization of the denial of holocaust a draconian law, akin to infamous article 301 in Turkey.”}
(Vahe // February 25, 2014 at 8:39 pm // )
In that case, when you have succeeded in having those so-called ‘draconian laws’ in Europe criminalizing Denial of the JH repealed, you can spend your spare time working against the Armenian AG version. Fair ?
And you comparing Article 301, which criminalizes the mere mention of Armenian Genocide, with criminalization of the _Denial_ of JH or AG, shows that I was not wrong in my first impression, Vahe’oglu’.
And if you find JH denial law ‘draconian’, have you publicly argued for the repeal of the JH denial laws ?
Very noble of you to ‘find’ this or that: but have you actually posted anything against JH denial criminalization laws same as you are doing here against AG denial criminalization laws ?
And isn’t it interesting that your original post had not one word about the JH, but you suddenly find something ‘draconian’ when I brought it up.
If you were so concerned about free speech, why didn’t you bring up JH laws in your original post ?
JH laws have been on the books far longer than AG laws, in far more countries of Europe, and several people have been _jailed_ for denying the JH.
The odious neo-Nazi Perinçek was merely fined: no incarceration under Swiss law.
See what I mean, Vahe’oglu’ ?
btw: ‘oglu’ is not derogatory; it is an honorific, as in İlham Heydər oğlu Əliyev, for example.
By using the suffix ‘oglu’ I am recognizing you for your pro-Turkish stand; a tip of the hat, if you will.
And you deliberately contorting ‘Bagratuni’ to ‘Bargain’ is what ?
Regarding your: “What will criminalization of the Armenian Genocide entail at individual level?”
Let us also add your 2nd part for clarity, shall we:
{“Will an ignorant European citizen bear the brunt of the law should he voice his opinion that he does not believe that the Armenian Genocide happened? Or will conforming to the Armenian Genocide be akin to driving at a certain speed out of fear of penalty for driving fast?”}
Obviously, the three sentences taken together demonstrate:
(1) Either your complete lack of understanding of what Denial of AG entails, and what laws against the denial seek to remedy.
(2) Or, utter contempt for the victims of the Armenian Genocide, by your comparison of the AG denial penalty to a speeding penalty.
(3) Or, Both.
Is neo-Nazi Doğu Perinçek a, quote, ‘ignorant European citizen’ ?
Do you even understand what we are discussing here ?
Does your vacuous question even deserve an answer ?
OK, I’ll give it a try: my answer is; “What does a speeding penalty in Europe have to do with the price of eggs in China ?”
And someone’s right to ‘voice an opinion’ ends when that ‘opinion’ threatens my life.
My right to life trumps any ‘right’ to free speech.
Don’t believe it ?
Falsely shout ‘FIRE !’ in a crowded theater, and try to convince the US judge to let you go free based on the 1st Amendment, after people who stampeded to the doors got trampled.
Or shout ‘BOMB !’ in an airport, and time how quickly half a dozen cops swarm you and take you away hog-tied, while you are screaming “Free speech, Free speech…My opinion, My opinion….”
Bagratuni
I apologize for the inadvertent misspelling of your name; it was not by intent but inattentiveness to correct the spell check. After all, I have had my ID card at a conference printed as Jake.
As to you Avery, i know what oğlu means and you know where I stand regarding criminalization of denial. That does not mean to say that those who deny the Armenian Genocide or Holocaust do not deserve the ire and the ridicule of the larger and freer society and condemnation in the courts of public opinion but not by waving gavel.
I have no father comments