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SWITZERLAND-ARMENIA ASSOCIATION URGES TO APPEAL THE ECHR RULING ON ARMENIAN GENOCIDE DENIAL
http://www.armradio.am/en/2014/02/25/switzerland-armenia-association-urges-to-appeal-the-echr-ruling-on-armenian-genocide-denial/
15:05 25.02.2014
Armenian Genocide, ECHR, Switzerland
The ruling of the European Court of Human Rights (ECHR) of 17th
December 2013 Perincek c. Suisse (no. 27510/08) has serious procedural
and substantive shortcomings. Switzerland still has the chance to
appeal a final revision at the Great Chamber of the ECHR. The deadline
for this appeal is 17th March 2014.
The Strasburg ruling is not just unacceptable for Swiss citizens
of Armenian origin, but also for the Swiss justice system which has
condemned twice at the highest level the denial of the genocide of
the Armenian people.
The Switzerland-Armenia Association (SAA) requested a legal opinion
from renowned international public lawyers as well as Swiss penal
code experts. This document was submitted to the Federal Council and
Head of the Swiss Federal Department of Justice and Police (FDJP)
and the Swiss representative at the ECHR with the urgent request to
consider thoroughly an appeal for a revision of the ruling.
A refusal to appeal the ECHR ruling would mean that Switzerland
- bids farewell to the basic principles of the protection of human
rights, primarily however human dignity;
- back steps from her international commitments in combating racism
(cf Switzerland's report before the UN Committee on the Elimination
of Racial Discrimination, CERD);
- proactively favors a weakening of her own law;
- takes clearly sides, violating thus massively neutrality principles.
Switzerland's mediation role in the solution of the conflict
between Armenia and Turkey on the one hand, and between Armenia and
Azerbaijan on the other - the latter elevated to a central task in
the annual program of the Swiss OSCE Chairmanship by President Didier
Burkhalter-would lose entirely its credibility.
In addition, a refusal would also mean that Switzerland essentially
ignores the numerous calls of Swiss and international NGOs for a
revision appeal at the Great Chamber of the ECHR, including positions
of recognized international experts in genocide research and in
human rights. The latter emphasize the factual foundation of the
genocide on the Armenian people and speak against the establishment
of a hierarchy of genocides as de facto carried out by the ECHR
ruling. In the case of a refusal, Switzerland would further ignore
the substantively argued position of the largest and oldest Turkish
human rights organization (Human Rights Association in Turkey, IHD),
as published yesterday. This position describes the racial impact
of the ECHR ruling of 17th December 2013 and considers a revision of
this ruling with a view towards the situation of national minorities
in Turkey as indispensable. IHD emphasizes amongst others that the
ECHR has contradicted, with its ruling, previous decisions of the
European Parliament.
It is assumed that the decision for a revision appeal rests entirely
in the competence of Swiss Federal Concillor Simonetta Sommaruga. The
sudden visit of State Secretary Yves Rossier on 27th January 2014 in
the Armenian capital Yerevan, however, opens up the speculation that
the Swiss Federal Department of Foreign Affairs will also claim a role
in the decision. Should, however, Switzerland refrain from using her
right to request a revision, this would send the wrong signals with
unforeseeable international consequences: Switzerland's good offices
in a resolution of a conflict would not be taken seriously any longer.
The SAA recalls that the Turkish Foreign Minister Ahmet Davutoglu's
visit to Bern on 10th October 2013 led the Swiss Federal Department
of Foreign Affairs to announce a strategic partnership with Ankara.
President Burkhalter has therefore not hidden the fact that this was
primarily tied to the Swiss expectations to be invited by Turkey in
2015 on the occasion of Turkey's Chairmanship of the G20 Summit. A
passive position would further show that Switzerland does not give
priority to the defense of her own basic constitutional rights.
Finally, a refusal to appeal the ruling would give those populist
forces an upswing who have traditionally sought to abolish the
anti-racism penal code and the Swiss Federal Commission Against
Racism. At the European level, Switzerland would confirm the supremacy
of the legal body of the freedom of expression before all the other
legal bodies and thus contribute to the violation of future human
rights principles.
We hope that President Didier Burkhalter - who by the way has only
recently condemned with clear words the denial of all crimes against
humanity on the occasion of his visit to Auschwitz at the end of
January 2014 - as well as the Head of the FDJP, Federal Concillor
Simonetta Sommaruga, are aware of their responsibility towards
Switzerland and the world at large.
From: A. Papazian
http://www.armradio.am/en/2014/02/25/switzerland-armenia-association-urges-to-appeal-the-echr-ruling-on-armenian-genocide-denial/
15:05 25.02.2014
Armenian Genocide, ECHR, Switzerland
The ruling of the European Court of Human Rights (ECHR) of 17th
December 2013 Perincek c. Suisse (no. 27510/08) has serious procedural
and substantive shortcomings. Switzerland still has the chance to
appeal a final revision at the Great Chamber of the ECHR. The deadline
for this appeal is 17th March 2014.
The Strasburg ruling is not just unacceptable for Swiss citizens
of Armenian origin, but also for the Swiss justice system which has
condemned twice at the highest level the denial of the genocide of
the Armenian people.
The Switzerland-Armenia Association (SAA) requested a legal opinion
from renowned international public lawyers as well as Swiss penal
code experts. This document was submitted to the Federal Council and
Head of the Swiss Federal Department of Justice and Police (FDJP)
and the Swiss representative at the ECHR with the urgent request to
consider thoroughly an appeal for a revision of the ruling.
A refusal to appeal the ECHR ruling would mean that Switzerland
- bids farewell to the basic principles of the protection of human
rights, primarily however human dignity;
- back steps from her international commitments in combating racism
(cf Switzerland's report before the UN Committee on the Elimination
of Racial Discrimination, CERD);
- proactively favors a weakening of her own law;
- takes clearly sides, violating thus massively neutrality principles.
Switzerland's mediation role in the solution of the conflict
between Armenia and Turkey on the one hand, and between Armenia and
Azerbaijan on the other - the latter elevated to a central task in
the annual program of the Swiss OSCE Chairmanship by President Didier
Burkhalter-would lose entirely its credibility.
In addition, a refusal would also mean that Switzerland essentially
ignores the numerous calls of Swiss and international NGOs for a
revision appeal at the Great Chamber of the ECHR, including positions
of recognized international experts in genocide research and in
human rights. The latter emphasize the factual foundation of the
genocide on the Armenian people and speak against the establishment
of a hierarchy of genocides as de facto carried out by the ECHR
ruling. In the case of a refusal, Switzerland would further ignore
the substantively argued position of the largest and oldest Turkish
human rights organization (Human Rights Association in Turkey, IHD),
as published yesterday. This position describes the racial impact
of the ECHR ruling of 17th December 2013 and considers a revision of
this ruling with a view towards the situation of national minorities
in Turkey as indispensable. IHD emphasizes amongst others that the
ECHR has contradicted, with its ruling, previous decisions of the
European Parliament.
It is assumed that the decision for a revision appeal rests entirely
in the competence of Swiss Federal Concillor Simonetta Sommaruga. The
sudden visit of State Secretary Yves Rossier on 27th January 2014 in
the Armenian capital Yerevan, however, opens up the speculation that
the Swiss Federal Department of Foreign Affairs will also claim a role
in the decision. Should, however, Switzerland refrain from using her
right to request a revision, this would send the wrong signals with
unforeseeable international consequences: Switzerland's good offices
in a resolution of a conflict would not be taken seriously any longer.
The SAA recalls that the Turkish Foreign Minister Ahmet Davutoglu's
visit to Bern on 10th October 2013 led the Swiss Federal Department
of Foreign Affairs to announce a strategic partnership with Ankara.
President Burkhalter has therefore not hidden the fact that this was
primarily tied to the Swiss expectations to be invited by Turkey in
2015 on the occasion of Turkey's Chairmanship of the G20 Summit. A
passive position would further show that Switzerland does not give
priority to the defense of her own basic constitutional rights.
Finally, a refusal to appeal the ruling would give those populist
forces an upswing who have traditionally sought to abolish the
anti-racism penal code and the Swiss Federal Commission Against
Racism. At the European level, Switzerland would confirm the supremacy
of the legal body of the freedom of expression before all the other
legal bodies and thus contribute to the violation of future human
rights principles.
We hope that President Didier Burkhalter - who by the way has only
recently condemned with clear words the denial of all crimes against
humanity on the occasion of his visit to Auschwitz at the end of
January 2014 - as well as the Head of the FDJP, Federal Concillor
Simonetta Sommaruga, are aware of their responsibility towards
Switzerland and the world at large.
From: A. Papazian