Translated by Vartan Matiossian
The undersigned persons and associations express their deepest concern and
outrage following the ruling of the European Court of Human Rights
published on December 17, 2013 in the case of Doğu Perinçek against
Switzerland (1). This ruling not only stipulates that denying
the Armenian genocide is not a crime, but goes further and disputes a
"general consensus on the events like the ones that are treated here,"
namely, the Armenian genocide.
By this decision, the European Court of Human Rights deems denial of the
Armenian genocide one of the fundamental human rights. Worse, it
becomes the vector of denial of the Armenian genocide perpetrated in
1915 in the Ottoman Empire, trampling the memory of the victims and the
rights of their descendents.
The decision of the Court (2), which falls directly into line
with the denialist policy of the Turkish state, is a signal of
encouragement directed to the deniers of the Armenian genocide, whom it
strengthens in their discourse of hate and their anti-Armenian racism.
At a moment when a part of the Turkish society is awakening to a
long-needed work of memory, the European Court of Human Rights brings
its support to an ultra-nationalist individual, incarcerated in Turkey
within the frame of the criminal network Ergenekon (3) and
former kingpin of the sinister Comité Talaat Pasha, the Turkish
"Hitler," which parades in the streets of European capitals.
Doğu Perinçek, who by a sentence of March 9, 2007 of the Tribunal of Lausanne (Switzerland) (4) had
been recognized guilty of racial discrimination for having qualified
the Armenian genocide as "international lie," had appealed to the ECHR
on June 10, 2008 to obtain the right to deny the Armenian genocide. He
thus won his case. This character, condemned to perpetual prison in
Turkey, has received the support of the Turkish government, which has
"addressed observations to the Court as an intervening third party."
In a report of 82 pages, the Court assesses that the condemnation of
Perinçek in Switzerland was a violation of article 10 (freedom of
expression) of the European Convention of Human Rights. But, as its
communiqué shows (5), it goes well beyond this simple affirmation.
While
pretending not to make any pronouncement "on the juridical
qualification of the Armenian genocide," the Court -- feigning ignorance
of the work of hundreds of international historians -- observes that
"one of the principal goals of free speech is protecting minority points
of view[...] on questions of general interest that are not entirely
settled." It boasts of distinguishing "this case clearly from those that
bear on the denial of the crimes of the Holocaust."
In
fact, the European Court of Human Rights designates state denial that
is the alpha and the omega of a powerful, authoritarian Turkey,
regularly condemned for its permanent violations of freedom of
expression, as a "minority viewpoint". Heir of the Crime, the Turkish
state pursues -- close to 100 years after the genocide -- its
destructive job through relentless lobbying. Once and again it tries to
insinuate doubt, to distill its falsifying theories about an unpunished
genocide and strives its utmost to establish an unbearable competition
of memories.
Is
it left to the ECHR -- which hides behind the imperfections of the
Swiss law to justify its position -- to be the sound box of this denial
of such inordinate violence toward the descendants of the victims?
Denial
is not an opinion. Like racism, it is an offense. Indeed a crime: to
deny a genocide is, according to Elie Wiesel, "to assassinate once
again" the victims.
Switzerland must decisively appeal (6) the
decision of December 17, 2013. With the approach of the Centennial of
the Armenian genocide, which will be commemorated throughout the world
on April 24, 2015, it is imperative that "the international recognition
of the Armenian genocide and the incrimination of the denial of this
genocide" are forcefully reaffirmed by the Grand Chamber of the European
Court of Human Rights.
Soon it will be 100 years of denial: it is enough!
Séta Papazian, President of Collective VAN (Armenian Vigilance against Denial)
Cindy Leoni, President of SOS Racisme
Albert Herszkowicz, President of Memorial 98
Jonathan Hayoun, President of UEJF (Jewish Students Union of France)
Jacky Mamou, President of CUD (Collective Urgency Darfur)
Alain Gauthier, President of CPCR (Collective of Civil Parties for Rwanda)
Alain Jakubowicz, President of LICRA (International League against Racism and Antisemitism)
Bernadette Hétier, Co-president of MRAP (Movement against Racism and for People's Friendship)
Paul-Max Morin, Executive Director of EGAM (European Grassroots Anti-racist Movement).
[1] Petition Nr. 27510/08.
[2]
Only two judges, Nebojša Vučinić (Montenegro) et Paulo Pinto de
Albuquerque (Portugal), have distanced themselves from the shocking
decision of the ECHR. They have exposed their very documented objections
in 29 points and have recalled the Decision-Frame of the European
Union, which all member states have transposed to their national law to
penalize "the apology, the denial, or the gross public banalization of
the crimes of genocide, crimes against humanity, and war crimes."
[3]
Doğu Perinçek was arrested in Turkey on March 24, 2008 within the
investigation of the ultra-nationalist network Ergenekon, a fascist gang
suspected of having instigated the assassination of the Armenian
journalist of Turkey, Hrant Dink, on January 19, 2007. Doğu Perinçek,
President of the Workers Party in Turkey (extreme left
ultra-nationalist), was condemned to life imprisonment on August 5,
2013.
[4]
Doğu Perinçek has been condemned in Switzerland for your declarations
in various lectures held in May, July and September 2005 in the cantons
of Vaud, Zurich, and Berne. He had publicly denied the existence of any
genocide perpetrated by the Ottoman Empire against the Armenian people
in 1915 and had remarkably qualified the Armenian genocide as
"international lie." The Association Suisse-Arménie had sued the
petitioner on July 15, 2005.
[5]
"The need to condemn the denial of the qualification of genocide of the
atrocities committed in Armenia during 1915 and following years has not
been demonstrated" (Communiqué of the ECHR, December 17, 2013).
[6]
Isn't it surprising that Swiss judge Helen Keller voted against her own
country? Is it necessary to put in perspective the lack of willingness
of Switzerland to defend itself in this case with the visit of Ahmet
Davutoğlu, Turkish Foreign Minister, to the Helvetic Confederation on
October 10, 2013, with the aim of "developing Turkish-Swiss relations"?
Le Huffington Post (www.huffingtonpost.fr), December 20, 2013
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