On December 17, the European Court of Human Rights (ECHR) arrived at a decision that the denial of the Armenian Genocide in 1915 is consistent with the principle of the right to freedom of expression. Aravot.am learned about is from “Hürriyet” daily news, which also stated that the decision was achieved based on the application of Doğu Perinçek, Chairman of the Turkish “Workers’ Party”, and that it is not final, and within three months the parties can appeal to the ECHR Grand palace. In the conversation with Aravot.am, Ashot Melikyan, Chairman of Committee to Protect Freedom of Expression, referring to the ECHR decision, said the following, “There are different manifestations of freedom of expression in different countries. For example, rumors were going on in France about the adoption of the bill on genocide denial, which is criminally punishable. But, there are European countries, no matter what position they express, there should be no restrictions there. Here, it is worth mentioning the fact of caricatures of Muhammad in Denmark. People there consider that the freedom of expression allows doing all these things. As for the issue of our history, I think that Turkey, first, then the European institutions should be more considerate and understand that it is about a tragic past of one entire nation. And, if a nation is giving meaning to every word in a very painful issue for it, then human ethics requires making very careful expressions and decisions, especially that the European Council and the European institutions in their numerous documents and the European Convention state in which case the freedom of expression may have reasonable restrictions to some extent.”
Ashot Melikyan thinks that the European Court should have heeded to this fact. He is convinced that the denial of genocide can be considered as a manifestation of freedom of expression, but, as he said, “There are a lot of historical facts, corroborated by evidences of many eyewitnesses, so these documents are already the basis that the denial is an irresponsible move, an irresponsible expression. When the court provides legal enforcement and makes a reference to the freedom of expression, I think, it’s so not justified. There are many provisions in a number of documents of the Council of Europe against racism and other types of discrimination, and the European Court must also take the provisions of these documents into account. It is very good that this decision is not final, and there is an opportunity to appeal. I think that the Republic of Armenia and other countries realize that freedom of expression is one of the most important rights, but there are a lot of important restrictions, which should be heeded.”
Eva HAKOBYAN
