Human rights activist Artur Sakunts considers the ECHR decision on Perinçek case as a result of Armenia’s unprepared involvement as a third party. “I think that Armenia should not have acted as a third party in such an unprepared way. I do not think that this is the end because there would also be other applications on this. But in my opinion, Armenia should not be involved in the matter at all, because Switzerland is responsible for it,” said the human rights activist. In his words, the ECHR could not make another decision because Perinçek’s case was examining the issue of the freedom of expression rather than the issue of giving a legal estimate to the genocide. “The ECHR could not be a genocide recognizing instance, therefore it refused giving an estimation to this phenomenon because the matter refers to expressing an opinion. In other words, if there is a court decision, which will be recognized internationally, the ECHR cannot but to consider the court’s decision during the examination of the issue by thereof. And now, it refrained from giving a legal estimate. This should also be a message to all of us, including the descendants of the genocide victims to reach a legal estimate at the international instances.”
Mr. Sakunts recalled that we have only one example, when the denial of the Jewish Holocaust, the Incineration, as a fact, is a criminal offense. “In that case, we have a decision entered into force by the international court, the Holocaust is recognized and a legal estimate is given to it. In the case of the Armenian Genocide, we do not have the decision, a legal estimate, adopted by the international instance on this matter. In that case, if we look at the formal real perspective, we should say that certainly, the European Court formally adopted a decision strengthening the right to expression of opinion. Although, it is a bit strange for me, because nevertheless the genocide is a crime against humanity. I repeat, the issue should be first of all moved to the legal framework and reach an adoption of the appropriate legal estimate.”
Note that today, the European Court of Human Rights declared the decision on Perinçek v. Switzerland. The decision defines that the Swiss legislation was not applied properly against Perinçek. Turkish nationalist politician Perinçek Doğu has denied the fact of the Armenian genocide in Switzerland and sentenced to prison. He appealed to the ECHR, which satisfied Doğu’s lawsuit, noting in the records that a restriction of freedom of expression was used against the plaintiff. The Swiss Justice Minister announced in March that Switzerland will apply a counter-claim to ECHR to defend the country’s interests. Note that Switzerland is the only country that passes a resolution on the criminalization of the Armenian Genocide.
Arpine SIMONYAN
Your journalist should be aware that Switzerland is NOT the only country criminalizing the denial of the Armenian Genocide, there are also Greece, Cyprus and Slovakia… when will more or less normal journalism reach our doors?