Wednesday, December 18 2013

Safaryan Ashot

European Court of Human Rights rules that denial of Armenian Genocide falls under freedom of expression

European Court of Human Rights rules that denial of Armenian Genocide falls under freedom of expression

European Court of Human Rights (ECHR) adopted a decision saying that the Swiss authorities had breached Article 10 of the European Convention of Human Rights covering freedom of expression when the Lausanne Police Court found Turkish Workers Party Leader Dogu Perincek guilty of racial discrimination on March 9, 2007, based on the Swiss Criminal Code. 

"The European Court of Human Rights (ECHR) ruled Dec. 17 that denial of the 1915 mass killings of Armenians as genocide falls under freedom of expression, following an appeal from a Turkish politician to his conviction in Switzerland," Asbarez reported.


Turkish Workers' Party (IP) Chairman Dogu Perincek, who had described the Armenian genocide as an "international lie," had complained that Swiss courts had breached his freedom of expression, based on Article 10 covering freedom of expression.


The ECHR ruling stated that "the free exercise of the right to openly discuss questions of a sensitive and controversial nature is one of the fundamental aspects of freedom of expression and distinguishes a tolerant and pluralistic democratic society from a totalitarian or dictatorial regime."
"The December 17 decision by the European Court of Human Rights must be condemned because it opens the door to the spread of hatred under the veil of 'freedom of expression,' and can be deemed as a sad example of Armenian Genocide denial," said a statement from the Political Affairs Office of the Armenian Revolutionary Federation.
"The fact that the court's decision was not unanimous, signals that there is legal room to advance and change the decision. We must direct our efforts to that end," added the ARF statement.
Meanwhile the Armenian National Committee offices in Europe, in conjunction with the European Armenian Federation for Justice and Democracy (ANC of Europe) are working with European legal officials on the matter and will issue relevant statements and actions items as they become available. 
The original case emerged from Perincek's participation in a number of conferences in Switzerland in 2005, during which he publicly denied that the Ottoman Empire had perpetrated the crime of genocide against the Armenian people in 1915.
The Lausanne Police Court found Perincek guilty of racial discrimination on March 9, 2007, based on the Swiss Criminal Code. After a complaint filed by the Switzerland-Armenia Association on July 15, 2005, the court found that Perincek's motives were of a "racist tendency" and did not contribute to the historical debate.
"The Court underlined that the free exercise of the right to openly discuss questions of a sensitive and controversial nature was one of the fundamental aspects of freedom of expression and distinguished a tolerant and pluralistic democratic society from a totalitarian or dictatorial regime," said the official ECHR press release.


"The Court also pointed out that it was not called upon to rule on the legal characterization 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," added the ECHR release.


"Lastly, the Court observed that those States which had officially recognized the Armenian genocide had not found it necessary to enact laws imposing criminal sanctions on individuals questioning the official view, being mindful that one of the main goals of freedom of expression was to protect minority views capable of contributing to a debate on questions of general interest which were not fully settled," explained the ECHR.
Perincek was handed an aggravated life sentence in the Ergenekon coup plot trial, as part of the Ergenekon network, which was ultimately acknowledged by the court as a terrorist organization that had attempted to overthrow the government.
The ECHR judgment is not final, and may be appealed by any party within a period of three months.

POST A COMMENT
Input digits     

SCAT Airline temporarily suspends  Nur-Sultan - Yerevan flight SCAT Airline temporarily suspends  Nur-Sultan - Yerevan flight 
There are still closed and impassable roads in ArmeniaThere are still closed and impassable roads in Armenia
Two earthquakes occurred in Armenia with an interval of three hoursTwo earthquakes occurred in Armenia with an interval of three hours
Current and third Presidents of Armenia, as well as a number of other  statesmen expressed condolences on death of Former NSS Director  Current and third Presidents of Armenia, as well as a number of other  statesmen expressed condolences on death of Former NSS Director  
Dozens of bullets and shells were found in the room where the body of  the former head of the NSS was discoveredDozens of bullets and shells were found in the room where the body of  the former head of the NSS was discovered
Hayk Marutyan and Andrea Victorin discuss the possibility of  expanding cooperationHayk Marutyan and Andrea Victorin discuss the possibility of  expanding cooperation
Criminal proceedings against Judge of the Administrative Court Artur  Avagyan discontinuedCriminal proceedings against Judge of the Administrative Court Artur  Avagyan discontinued
Attempt to transport 5 kg of narcotic substances through Armenia  preventedAttempt to transport 5 kg of narcotic substances through Armenia  prevented
Prime Minister appointed Robert Ghukasyan  member of  Board of  Trustees of  Armenian Territorial Development FoundationPrime Minister appointed Robert Ghukasyan  member of  Board of  Trustees of  Armenian Territorial Development Foundation
Arthur Melikyan: The body of Georgy Kutoyan was discovered by his  wifeArthur Melikyan: The body of Georgy Kutoyan was discovered by his  wife
VTB Bank (Armenia) intends to firmly establish its leading position by total number of opening new ATMs and branches in 2020VTB Bank (Armenia) intends to firmly establish its leading position by total number of opening new ATMs and branches in 2020
Arman Tatoyan: It is very important for us to do everything possible  to prevent torture in places of detention in ArmeniaArman Tatoyan: It is very important for us to do everything possible  to prevent torture in places of detention in Armenia
Vice-Speaker: The news of the death of former NSS Director Gevorg  Kutoyan was shockingVice-Speaker: The news of the death of former NSS Director Gevorg  Kutoyan was shocking
Yerevan ranks 380th in the list of the most expensive cities in the  world Yerevan ranks 380th in the list of the most expensive cities in the  world 
Lena Nazaryan harshly answered those who criticize the Prime  Minister`s familyLena Nazaryan harshly answered those who criticize the Prime  Minister`s family
Armenian Ombudsman: Manvel Grigoryan`s condition worsened on the day  of release from custodyArmenian Ombudsman: Manvel Grigoryan`s condition worsened on the day  of release from custody
Forecast: Iran`s desire to achieve the USA withdrawal from the Middle  East is achievableForecast: Iran`s desire to achieve the USA withdrawal from the Middle  East is achievable
Head of EU Delegation to Armenia: I am impressed by legal reformsHead of EU Delegation to Armenia: I am impressed by legal reforms
MP: To declare war on the media is simply absurdMP: To declare war on the media is simply absurd
At a meeting of Pashinyan with members of the At a meeting of Pashinyan with members of the "My Step" faction,  issues of foreign and domestic policy were discussed
Russian Foreign Ministry: No noticeable changes in Karabakh  settlementRussian Foreign Ministry: No noticeable changes in Karabakh  settlement
Body of Former National Security Service Director of Armenia found in  YerevanBody of Former National Security Service Director of Armenia found in  Yerevan
Forecast: A few more years and rallies in Russia could grow into  something moreForecast: A few more years and rallies in Russia could grow into  something more
Mammadyarov announced visit of co-chairs of the OSCE Minsk Group to  the regionMammadyarov announced visit of co-chairs of the OSCE Minsk Group to  the region
Chamber of Architects: Urban Development Committee of Armenia does  not comply with the requirements of the Law on the activities of  architectsChamber of Architects: Urban Development Committee of Armenia does  not comply with the requirements of the Law on the activities of  architects
Nikol Pashinyan meets with members of Nikol Pashinyan meets with members of "My Step" faction in Yerevan
Director of Meghri Regional Medical Center accused of abuseDirector of Meghri Regional Medical Center accused of abuse
House collapsed in Kotayk region of ArmeniaHouse collapsed in Kotayk region of Armenia
 The Vardenenyats pass is difficult to pass for all types of vehicles,  Sotk-Karvachar is closed for heavy trucks The Vardenenyats pass is difficult to pass for all types of vehicles,  Sotk-Karvachar is closed for heavy trucks
Minister: The staff of closing obstetric services will be employedMinister: The staff of closing obstetric services will be employed
Zohrab Mnatsakanyan: Armenia is concerned about the destabilization  of the Middle EastZohrab Mnatsakanyan: Armenia is concerned about the destabilization  of the Middle East
Zohrab Mnatsakanyan did not inform when the next meeting of FMs of  Armenia and Azerbaijan will be heldZohrab Mnatsakanyan did not inform when the next meeting of FMs of  Armenia and Azerbaijan will be held
Lilit Makunts: The resignation of the Russian Government will in no  way affect the level of Armenian-Russian relationsLilit Makunts: The resignation of the Russian Government will in no  way affect the level of Armenian-Russian relations
MP: In Armenia, the media turn into a weapon of political struggle in  the information warMP: In Armenia, the media turn into a weapon of political struggle in  the information war
MES: At the night of January 17 the air temperature in Armenia will  go up by 3-4 degreesMES: At the night of January 17 the air temperature in Armenia will  go up by 3-4 degrees
RA Prime Minister: The logos of at least two TV channels can be  substituted with the words RA Prime Minister: The logos of at least two TV channels can be  substituted with the words "Corruption" or "Corruption Group
Expert: Issuing broadcasting licenses under obsolete law will put the  mental and physical health of citizens at stakeExpert: Issuing broadcasting licenses under obsolete law will put the  mental and physical health of citizens at stake
In 2019, the office of the Ombudsman increased the number of  complaints regarding domestic violenceIn 2019, the office of the Ombudsman increased the number of  complaints regarding domestic violence
Forecast: Turkish Stream will have a direct and indirect impact on  ArmeniaForecast: Turkish Stream will have a direct and indirect impact on  Armenia
MP: Television companies must ensure the transparency of their  financial flows and disclose the names of ownersMP: Television companies must ensure the transparency of their  financial flows and disclose the names of owners
A gang of scammers profited from using someone else`s passport dataA gang of scammers profited from using someone else`s passport data
Azerbaijan did not bring the OSCE mission to its forefront during  planned monitoring on the Karabakh- Azerbaijan contact lineAzerbaijan did not bring the OSCE mission to its forefront during  planned monitoring on the Karabakh- Azerbaijan contact line
RA Prime Minister: The current system of state benefits does not  contribute to the economic activity of Armenian citizensRA Prime Minister: The current system of state benefits does not  contribute to the economic activity of Armenian citizens
There are closed and impassable roads in the territory of ArmeniaThere are closed and impassable roads in the territory of Armenia
Self-immolation prevented in MetsamorSelf-immolation prevented in Metsamor
The court decided to change measure of restraint against General  Manvel Grigoryan from arrest to recognizance not to leaveThe court decided to change measure of restraint against General  Manvel Grigoryan from arrest to recognizance not to leave
Armenia`s NSS revealed another case of extortion on a particularly  large scaleArmenia`s NSS revealed another case of extortion on a particularly  large scale
Hrayr Tovmasyan told Gianni Buquicchio about the situation around the  Constitutional Court of ArmeniaHrayr Tovmasyan told Gianni Buquicchio about the situation around the  Constitutional Court of Armenia
Human Rights Watch presents its vision of state of human rights in  Armenia Human Rights Watch presents its vision of state of human rights in  Armenia 
375 HIV cases detected in Armenia in January-November 2019375 HIV cases detected in Armenia in January-November 2019
Businessman of Armenian descent demands justice from Pashinyan,  telling how a business worth $ 1 mln was taken from him using a fake  signatureBusinessman of Armenian descent demands justice from Pashinyan,  telling how a business worth $ 1 mln was taken from him using a fake  signature
As part of wiretap case, Arthur Vanetsyan and Sasun Khachatryan were  questionedAs part of wiretap case, Arthur Vanetsyan and Sasun Khachatryan were  questioned
Gagik Khachatryan is hospitalizedGagik Khachatryan is hospitalized
Investigative Committee revealed details of questioning of Prime  Minister of Armenia Nikol PashinyanInvestigative Committee revealed details of questioning of Prime  Minister of Armenia Nikol Pashinyan
Head of  Head of  "My Step" faction: Minister of Justice proposes to create a  working group that will deal with the issue of constitutional  amendments
Masis Mayilyan: In 2019, the Karabakh peace process was mainly aimed  at maintaining stability in the regionMasis Mayilyan: In 2019, the Karabakh peace process was mainly aimed  at maintaining stability in the region
Masis Mayilian: The cornerstone of Artsakh`s foreign policy is the  expansion of its international recognition and cooperationMasis Mayilian: The cornerstone of Artsakh`s foreign policy is the  expansion of its international recognition and cooperation
Lilit Makunts intends to meet with Arsen Torosyan and discuss with  him  situation related to  closure of maternity hospitals Lilit Makunts intends to meet with Arsen Torosyan and discuss with  him  situation related to  closure of maternity hospitals 
Sensational find made in Armenia changes perception of life of  NeanderthalsSensational find made in Armenia changes perception of life of  Neanderthals
Political analyst: Conducting early parliamentary elections in  Armenia in the interests of Nikol Pashinyan himselfPolitical analyst: Conducting early parliamentary elections in  Armenia in the interests of Nikol Pashinyan himself


Azerbaijani political scientist: Trump`s decision to neutralize  Suleimani is part of the internal political struggle in the USAAzerbaijani political scientist: Trump`s decision to neutralize  Suleimani is part of the internal political struggle in the USA
Sergey Markedonov: In 2019, Pashinyan demonstrated the ability to  roll with the punchesSergey Markedonov: In 2019, Pashinyan demonstrated the ability to  roll with the punches
Satanovsky: Soleimani became a victim of Trump`s election ambitionsSatanovsky: Soleimani became a victim of Trump`s election ambitions
Lavrov in Baku discussed details of his plan on KarabakhLavrov in Baku discussed details of his plan on Karabakh
Armenian-Indian ties have great potential for development in the pharmaceutical industryArmenian-Indian ties have great potential for development in the pharmaceutical industry
The invasion of Syria is the result of Erdogan`s panic reaction to  problems with the US, EU and NATOThe invasion of Syria is the result of Erdogan`s panic reaction to  problems with the US, EU and NATO
Politician and statesman Masis Mayilyan’s election as Artsakh president is required for Armenia`s breakthroughPolitician and statesman Masis Mayilyan’s election as Artsakh president is required for Armenia`s breakthrough
Fyodor Lukyanov: The fragility of the situation around Karabakh by no  means contain high risks of a warFyodor Lukyanov: The fragility of the situation around Karabakh by no  means contain high risks of a war
By creating a counterbalance to the 102nd base, Turkey will claim for ousting Russia from the South CaucasusBy creating a counterbalance to the 102nd base, Turkey will claim for ousting Russia from the South Caucasus
Rachya Arzumanyan: Former power in Artsakh today solves the problem  of its own reproductionRachya Arzumanyan: Former power in Artsakh today solves the problem  of its own reproduction
Edmon Marukyan: We are doing everything to ensure that there is more  America in ArmeniaEdmon Marukyan: We are doing everything to ensure that there is more  America in Armenia
View from Baku: Small amounts of US aid to Armenia are conditioned by  the latter`s membership in the CSTOView from Baku: Small amounts of US aid to Armenia are conditioned by  the latter`s membership in the CSTO
Academician: Europe`s soft line towards Turkey is explained by the  problem of refugeesAcademician: Europe`s soft line towards Turkey is explained by the  problem of refugees
Expert: Washington increases military component of its pressure on  IranExpert: Washington increases military component of its pressure on  Iran
NKR Foreign Minister: Future President of Artsakh should not be  associated with money and weaponsNKR Foreign Minister: Future President of Artsakh should not be  associated with money and weapons
Artsakh Foreign Minister: There are still no grounds for positive  expectations from the talksArtsakh Foreign Minister: There are still no grounds for positive  expectations from the talks
Alexey Malashenko: Alexey Malashenko: "It doesn`t matter to us who is in power in  Armenia, we will agree, all are our fellows"
Muslim Armenians in terrorist networks is a serious wake-up call for ArmeniaMuslim Armenians in terrorist networks is a serious wake-up call for Armenia
Analyst: Armenia has not realized what happened in St. PetersburgAnalyst: Armenia has not realized what happened in St. Petersburg
 Forecast: Turkey`s classification by US think tanks as a Forecast: Turkey`s classification by US think tanks as a "formal ally" will lead to increase of the importance of the South Caucasus countries
Wojciech Goretski: If Moscow could control April the war to the end, in Karabakh would have stood the Russian peacekeepersWojciech Goretski: If Moscow could control April the war to the end, in Karabakh would have stood the Russian peacekeepers
Forecast: Yerevan`s Forecast: Yerevan`s "flight" from Moscow is unlikely
State Minister: Artsakh`s economy needs investment rather than assistanceState Minister: Artsakh`s economy needs investment rather than assistance
Arayik Harutyunyan: We will in civilized manner put in their place all those who try to destabilize the situation in ArtsakhArayik Harutyunyan: We will in civilized manner put in their place all those who try to destabilize the situation in Artsakh
Hrachya Arzumanyan: There are three scenarios of Artsakh settlement in the 21st centuryHrachya Arzumanyan: There are three scenarios of Artsakh settlement in the 21st century
Armenia conducts equally open policy both in relations with the West  and RussiaArmenia conducts equally open policy both in relations with the West  and Russia
Kiro Manoyan: Armenia-Artsakh military-political agreement will be a  yellow card for AzerbaijanKiro Manoyan: Armenia-Artsakh military-political agreement will be a  yellow card for Azerbaijan
Ukrainian analyst: Zelensky`s victory is another catastrophic defeat  for Putin`s Russia in UkraineUkrainian analyst: Zelensky`s victory is another catastrophic defeat  for Putin`s Russia in Ukraine
Karabakh negotiation process has entered so-called “Cyprus path” when geopolitical players appeared in the regionKarabakh negotiation process has entered so-called “Cyprus path” when geopolitical players appeared in the region
Andrey Pyatakhin: Operators in Armenia are competing today for Internet rather than for voiceAndrey Pyatakhin: Operators in Armenia are competing today for Internet rather than for voice
MP: In Armenia, the media turn into a weapon of political struggle in  the information warMP: In Armenia, the media turn into a weapon of political struggle in  the information war
ICG representative: In order find a compromise on new settlements,  legalistic approach should be abandoned and the issue should be  considered in political frameworkICG representative: In order find a compromise on new settlements,  legalistic approach should be abandoned and the issue should be  considered in political framework
Robert Kocharyan`s supporter, who suggested that  witness in criminal  case refuses to testify, was detainedRobert Kocharyan`s supporter, who suggested that  witness in criminal  case refuses to testify, was detained
Forecast: The US administration may move towards the recognition of  the Armenian GenocideForecast: The US administration may move towards the recognition of  the Armenian Genocide
 Robert Kocharian: The stage of tactical expectation has passed,  Armenian society is entering a phase of active operations Robert Kocharian: The stage of tactical expectation has passed,  Armenian society is entering a phase of active operations
A look from Jerusalem: Armenia is busy with internal problems and  looks at the rest of the world very littleA look from Jerusalem: Armenia is busy with internal problems and  looks at the rest of the world very little
The desecration of the monument to Griboedov in Yerevan: A worthy  answer for Nzhdeh or the voiced slap in the face of the Armenian  people?The desecration of the monument to Griboedov in Yerevan: A worthy  answer for Nzhdeh or the voiced slap in the face of the Armenian  people?
Lavrov in Baku discussed details of his plan on KarabakhLavrov in Baku discussed details of his plan on Karabakh
Nzhdeh memorial plaque dismantled in ArmavirNzhdeh memorial plaque dismantled in Armavir
Oppositionist: Wishing good luck to the Pashinyan government, we are  not going to give up criticism of his workOppositionist: Wishing good luck to the Pashinyan government, we are  not going to give up criticism of his work
MP: Robert Kocharyan`s lawyers are doing everything possible to avoid  the start of the trial MP: Robert Kocharyan`s lawyers are doing everything possible to avoid  the start of the trial 
Armenian President received head of Georgia`s Partnership FundArmenian President received head of Georgia`s Partnership Fund
Wording on Karabakh is reflected in final declaration of II Baku  Summit of World Religious LeadersWording on Karabakh is reflected in final declaration of II Baku  Summit of World Religious Leaders
US Senator blocked vote on draft Armenian Genocide resolution in  upper house of US CongressUS Senator blocked vote on draft Armenian Genocide resolution in  upper house of US Congress
Official Baku reacted to the words of Sergey Lavrov in YerevanOfficial Baku reacted to the words of Sergey Lavrov in Yerevan
Serzh Sargsyan: Real democracy was a response to populism, which  posed a serious challenge to many countries of the worldSerzh Sargsyan: Real democracy was a response to populism, which  posed a serious challenge to many countries of the world
Pashinyan about the reasons for Hayrapetov`s dismissalPashinyan about the reasons for Hayrapetov`s dismissal
Russian Embassy in Armenia has responded to the report Russian Embassy in Armenia has responded to the report "The presence  of the Russian base in Armenia, and its impact on the human rights  situation in the country"
Nikol Pashinyan: Unfortunately, in our country, a general trend today  leads to the rejection of spiritualityNikol Pashinyan: Unfortunately, in our country, a general trend today  leads to the rejection of spirituality
Cavusoglu and Pompeo discuss resolution on Armenian GenocideCavusoglu and Pompeo discuss resolution on Armenian Genocide
Serzh Sargsyan: if by arresting me our people become happy, let them  arrest meSerzh Sargsyan: if by arresting me our people become happy, let them  arrest me
US adopted resolution recognizing Armenian GenocideUS adopted resolution recognizing Armenian Genocide
Working visit  of Artsakh Foreign Minister to Washington has startedWorking visit  of Artsakh Foreign Minister to Washington has started
Armen Sarkissian expressed condolences to Vladimir Putin over the  tragedy in the Krasnoyarsk TerritoryArmen Sarkissian expressed condolences to Vladimir Putin over the  tragedy in the Krasnoyarsk Territory
Andranik Kocharyan states Armenian Second President`s Defense  deliberately delays lawsuitAndranik Kocharyan states Armenian Second President`s Defense  deliberately delays lawsuit
Yerevan: Azerbaijan wants to get Artsakh without its indigenous  populationYerevan: Azerbaijan wants to get Artsakh without its indigenous  population
Expert: I don`t understand why the second President of Armenia Robert  Kocharian is charged only in the case of March 1, 2008Expert: I don`t understand why the second President of Armenia Robert  Kocharian is charged only in the case of March 1, 2008
Israeli political scientist: Turkey`s obvious aggressiveness gives  Armenia a stabilizing importanceIsraeli political scientist: Turkey`s obvious aggressiveness gives  Armenia a stabilizing importance
Politician and statesman Masis Mayilyan’s election as Artsakh president is required for Armenia`s breakthroughPolitician and statesman Masis Mayilyan’s election as Artsakh president is required for Armenia`s breakthrough
Robert Kocharian: I am ready to continue the fight even from the  prison cellRobert Kocharian: I am ready to continue the fight even from the  prison cell