Criminal Conviction for Denial of Genocide “Unjustified”

The European Court of Human Rights (ECHR) has ruled in favor of Doğu Perinçek, the leader of the leftist Turkish Workers’ Party who had called the Armenian Genocide “an international lie” while on a lecture tour in Switzerland in 2005.

The European Court of Human Rights (ECHR) has ruled in favor of Doğu Perinçek, the leader of the leftist Turkish Workers’ Party who had called the Armenian Genocide “an international lie” while on a lecture tour in Switzerland in 2005. He was found guilty in a Swiss court of “denying the Armenian Genocide for racist motives.” Denying, belittling or justifying genocide is a violation of Switzerland's anti-racism laws.

According to Reuters, the ECHR decision of December 17 stated that the Swiss law against genocide denial violated the principle of freedom of expression. The judges at the ECHR declared that the “free exercise of the right to openly debate sensitive questions that are likely to displease someone is a fundamental aspect of freedom of expression.”

The ECHR drew a distinction between the Armenian Genocide and the Jewish Holocaust. It argued that denying historical evidence such as the existence of gas chambers, indicates genocidal intent, which has been recognized by international jurisdiction. The ECHR deliberated whether the events of 1915 constitute genocide, which it said is a precisely defined legal concept, the existence of which is not easy to prove in the Armenian case. It thus said the present case should be distinguished from those concerning the negation of the crimes of the Holocaust. "Genocide is a very narrowly defined legal notion which is difficult to prove," the court said.

Switzerland has three months to appeal the decision. Meanwhile, France’s Le Monde reported that the French government will be presenting a law banning denial of the Armenian Genocide in the next few months.