TURKEY RIGHTS GROUP DISAPPOINTED IN ECHR DECISION, URGES APPEAL
Monday, February 24th, 2014
Turkey’s Human Rights Association (Insan Haklari Dernegi)
Human Rights Association of Turkey Urges Switzerland to Appeal European
Court Decision on Genocide Denial
ISTANBUL–The Human Rights Association (HRA) in Turkey issued a
letter addressed to the Swiss Minister of Justice, expressing the
organization’s disappointment with the decision of the European Court
of Human Rights (ECHR) on Armenian Genocide denial.
“As human rights defenders in Turkey, we are the most immediate, most
direct witnesses of how the denial of the genocide against Amenians
and other Christian ethnic groups of Asia Minor has right from the
start generated an anti-democratic system, allowing racist hatred,
hate crimes and violation of the freedom of expression and the human
rights in general,” argued HRA in a copy of the letter received by
the Armenian Weekly.
HRA concluded: “In the name of human rights, of the struggle against
racist hatred and of justice in Turkey and elsewhere, we would like
to express our belief that the Swiss Court’s decision to penalize Dogu
Perincek’s denialism was a step to protect us all, the entire humanity
against racism, and our heartfelt support to Swiss Court’s exercising
its right to appeal against the ECHR decision dated 17 December 2013.”
Below is the full text of the letter.
***
To:
Mrs. Simonetta Sommaruga
Minister of Justice and Police of the Swiss Confederation
Prof. Dr. Frank Schurmann
Chief of the Division European Law and International Protection of
Human Rights, the Federal Office for Justice
We, as the Human Rights Association in Turkey (HRA), are writing this
letter to you to express our disappointment at the European Court of
Human Rights’ (ECHR) decision dated 17 December 2013 rejecting the
Swiss court decisions of 2007 to penalize Dogu Perincek’s denial of
the Armenian genocide and our unconditional and firm support of Swiss
jurisdiction’s using its right to appeal against ECHR’s decision.
As human rights defenders in Turkey, we are the most immediate, most
direct witnesses of how the denial of the genocide against Armenians
and other Christian ethnic groups of Asia Minor has right from the
start generated an anti-democratic system, allowing racist hatred,
hate crimes and violation of the freedom of expression and the human
rights in general.
In the case of the successive governments of the Republic of Turkey,
the ultra-nationalists and the Turkish public loyal to the official
thesis, denial is not just to say “We didn’t do it” or “What we did
was no genocide.” Here in Turkey denial means criminalizing the
victims and encouraging hatred towards Armenians. In other words
denial becomes the continuation of the genocide and the genocidal
intent in Turkey. In order to deny the genocide, the system argues
and urges the society to believe that:
(i) It is the Armenians to blame, i.e., they deserved what they got.
(ii) Armenians are the enemies of Turkish people.
(iii) Armenians stabbed the Ottomans and the Turks in the back, they
are treacherous and what was done to them was a war-time necessity
for the survival of Turkey.
(iv) Armenians, both at home and abroad, are still a threat to the
Republic of Turkey and Turks.
Not a passive, peaceful denial but aggressive onslaught
Consequently in Turkey denial is not just a passive position, but it
is an active aggression, creating a racist environment fully exposed
to sheer violence. This has paved the way for Armenians in Turkey to
be treated as a “fifth column” throughout the Republican history,
to be discriminated against, to be destined to lead their lives in
constant fear as their lives were threatened during various nationalist
upheavals and pogroms that took place during the Republican period. The
word “Armenian” has become a word of curse so widespread to include
an interior minister of the Republic who openly used it in public
(in 1997 by Meral AkÅ~_ener). This racist hateful environment led to
not only verbal but physical assaults on Armenians.
Hrant Dink, the chief editor of Agos, the first and only Armenian
weekly newspaper published in Turkish in Republican history, and
a prominent supporter of human rights, democracy and freedom of
expression was assassinated in cold blood in 2007, although he had
always been against hatred and animosity on the part of Armenians
towards Turks, advocating instead a reconciliatory stance of mutual
understanding. The Armenian private Sevag Å~^ahin Balıkcı, was
shot dead on 24 April 2011 (i.e. on the day when Armenians worldwide
commemorate the beginning of the genocide of 1915) while doing his
military service in the Turkish army in southeast province Batman by
another Turkish private. The investigation leading to trial was totally
untrustworthy, as the witnesses’ superiors putting pressure on them to
confirm the suspect’s statement that it was an “accident” was reported
in the newspapers. The court decided that the intentional murder was a
result of “gross carelessness,” disregarding all evidence that it was
a hate crime, and sentenced the suspect to only 5 years’ imprisonment.
Another incident took place on 26 February 2012 when, orchestrated by
Turkish and Azerbaijani governments, a big demonstration took place
on Taksim square, the largest and most central square in Istanbul,
for condemning the “Khojaly Genocide,” the massacre of civilians in
Karabagh that Armenian and former Soviet troops allegedly committed
ten years before. During the rally, which was announced days before
by means of posters bearing the slogan: “Don’t believe Armenian lies”
posted all throughout Istanbul, anti-Armenian slogans containing hate
speech were chanted and professionally printed signs that read “You
are all Armenians, you are all bastards” were carried, in reaction
to the slogan “We are all Armenians,” which had been chanted at the
funeral of Hrant Dink. In 2013, within one and a half month, four
elderly Armenian women were attacked in Samatya, a neighborhood with
a high agglomeration of Armenians, cruelly beaten, until one of them
died from heavy beating with numerous deep fatal cuts on her body
inflicted by a sharp object. In short, persistent denial of genocide
is the main reason for the Armenians’ threatened existence in Turkey,
a reason provided by the official narrative itself.
On the other hand, the ECHR decision establishes that the Armenian
genocide is somehow disputable, arguing that the denial of events
which are not qualified as a genocide cannot provoke racist hatred.
However this is not what Dogu Perincek and the “Talaat Pasha
Committee” (named after Talaat, the main author of the Armenian
genocide), of which he is one of the leaders have been doing since
the Committee’s inception. They deny all the sufferings and horrible
massacres–genocide or not–and thus openly insult the victims and
their descendants. They deny all the sufferings of the Armenian people
under Turkish rule and declare that what had happened to them is an
“imperialist lie.” They deny the extermination of the Armenian people
and their civilization, playing a vital role in the Ottoman Empire not
only demographically, but economically, culturally. In other words,
it is not a question of naming what happened to Armenians, it is a
question of denying their very existence, their historical heritage
and the enormous contribution they made to the country they were an
integral part of.
Talaat Pasha Committee already condemned by the European Parliament
Perhaps most important of all, is the European Parliament’s resolution
dated 27 September 2006 on the EC Progress Report on Turkey, where
Turkey was called to put an end to the racist and xenophobic Talaat
Pasha Committee’s activities. The according paragraph reads: “[The
European Parliament] strongly condemns the xenophobic and racist Talaat
Pacha Committee, run by extreme right-wing organisations, for gravely
infringing European principles, and the denialist demonstrations
in Lyon and Berlin organised by those same organisations; calls on
Turkey to abolish this committee and to end its activities.”
It is clear that the Talaat Pasha Committee where Dogu Perincek was
one of the founders and leaders was condemned with the above words by
the European Parliament itself. We, as the human rights defenders of
Turkey would expect the ECHR to take into consideration the European
Parliament’s official views as referred to above.
Coming back to the ECHR decision, we would like to draw your attention
to the opposing opinion of two ECHR judges. The main arguments in
their dissenting opinion were (paraphrased by ourselves in English
based on the original document in French) as follows:
â~@¢ To accuse the victims of distorting history is an invitation to
most violent racist defamation and hate. The sufferings of an Armenian
due to the Ottoman Empire’s genocide policy is not less serious than
those of a Jew under the Nazi’s genocidal policies. Denial of the
Meds Yeghern (“Great enormity,” i.e. “infamous crime” in Armenian)
is not less dangerous than the denial of Shoah.
â~@¢ The defendant has openly denied the Armenian genocide as an
“international lie,” accused the Armenian people of aggression towards
the Turkish state and stated that he supported Talaat Pasha’s ideas.
His statements provoke a grave intolerance and hatred against a
defenseless minority. The Defendant declared that he would never
recognize the Armenian genocide even if an expert or academic committee
decides on the existence of such a genocide.
â~@¢ Expressions such as “international lie,” “historic lie,”
“imperialist lie” obviously go beyond the acceptable boundaries of
freedom [of] expression, because these expressions declare the victims
to be “liars” and suggest an international conspiracy against Turkey
or Turks. Besides, D. Perincek’s identification with a major genocide
perpetrator, who in 1919 was sentenced to death for crimes against
humanity by an Ottoman court makes the situation even more repugnant.
The dissenting judges refer in their statement to our Association’s
press release of 24 April 2006 (the commemoration of the Armenian
Genocide) as follows (again a paraphrase of the original document
in French):
“Tolerance to denialism is to ‘kill the victims for the second time,’
as Elie Wiesel puts it, or ‘denialism is part of the genocide and
enables the perpetuation of the genocide. Denial of genocide is in
itself a violation of human rights,” as Human Rights Association,
Turkey, had declared in their press release dated 24 April 2006 for
the commemoration of the Armenian Genocide.”
Talaat Pasha Committee: an organisation of violent action
Genocide denial, as indicated above, directly contributes to
the racist hatred environment in Turkey. Furthermore, the Talaat
Pasha Committee is anything else than an organisation of peaceful
“thought,” or a think tank. It operates on active, sometimes violent
militant denialism. Members of the Labour Party led also by Dogu
Perincek have raided and sabotaged meetings related to the Armenian
“question.” In 2005 for the first time in Turkey a conference had
been organised with the title “Ottoman Armenians during the decline
of the Ottoman Empire.” Although the term genocide didn’t appear
neither in the conference title, nor in any of the papers presented
there, the Labour Party militants, who would soon become part of the
Talaat Pasha Committee demonstrated outside the conference building,
shouting denialist slogans and hatred towards the organizers, throwing
eggs and tomatoes against those who left the conference. The Committee
organised demonstrations in 2007 in France, Germany and Switzerland to
protest against “Armenian genocide lies,” insulting genocide victims’
memories, hurting the feelings of their children and grandchildren.
Dogu Perincek’s Labour Party members had in 2009 also staged a
demonstration against our press conference in Ankara. The meeting was
hosted by our association HRA and the Ankara Initiative for Freedom
of Expression on Friday June 26, 2009. Our guests were Lord Avebury,
the then vice-chairman of the Human Rights Group in the British
Parliament, and historian Ara Sarafian from the Gomidas Institute,
London, the publisher of the uncensored edition (2000; 2005) of the
1916 parliamentary “Blue Book,” titled The Treatment of Armenians in
the Ottoman Empire 1915-16, a collection of first-hand testimonies
of the Armenian genocide compiled by Viscount Bryce and Arnold Toynbee.
In the press conference it was declared that the copies of the Turkish
translation of the book were sent to the members of the Turkish
Parliament (who in 2005 had signed a letter to the British Parliament
arguing that the Blue Book was a wartime propaganda material and a
mere fabrication, and for that reason the current British parliament
should formally withdraw it) “in an effort to enable them to be better
informed about their subject matter.” While the press conference
was going on, the Labour Party members gathered in front of our
Human Rights Association offices in Ankara, chanted slogans against
“false Armenian genocide allegations,” harassing and alarming both the
audience and our guests from abroad, Sarafian and Lord Avebury. In the
meantime, the copies of the “Blue Book” sent were not delivered to the
Turkish parliamentarians, thus it became clear that the Turkish Grand
National Assembly refused to discuss the witness reports in the book.
ECHR decision encouraged racist denialism
What is very alarming and unacceptable is that the ECHR’s decision to
acquit Dogu Perincek has fueled hostility against Armenians in Turkey.
The Talaat Pasha Committee held a meeting for the first time after
many years, on 19 January 2014, on the 7th anniversary of Hrant
Dink’s assassination. The headline of the press report read: “This
is only a beginning. New victories are on the way!” It is reported
that Dogu Perincek, sentenced to 117 years’ imprisonment in Turkey,
had reportedly sent a message to the meeting saying: “We will now
get out of the circle [that limits our mobility] and encircle/besiege
Turkey’s enemies and win victories on every front.” In the statement
issued during this meeting the Committee misled the Turkish public
by claiming that the ECHR decision had confirmed that the Armenian
genocide was a lie, whereas in fact the Court only ruled that the
Armenian genocide is open to debate and its denial was within the
boundaries of freedom of speech.
Members of Dogu Perincek’s Labour Party reappeared right after the
ECHR decision and ambushed a meeting on 1 February 2014 organised
by “Say Stop to Racism and Nationalism” initiative with the topic
“Why should states apologize?” chanting denialist slogans such as
“Armenian Genocide: an American Lie.”
We call on the the Swiss authorities to appeal against ECHR decision
The reason for us to take your time and give an account of the
denialist history of Dogu Perincek and the Talaat Pasha Committee,
is to underline that denial of genocide cannot be considered as a
simple disagreement of views. This land that is now Turkey, was a land
where at the turn of the 19th century one of every 5 residents was
a Christian, corresponding to the 20% of the overall population. Now
the proportion is below 0.01%! Under these circumstances denialism,
which is woven in the very texture of the society, provokes racism and
hatred against Armenians, threatens those who challenge the official
theses and constitutes one of the biggest obstacles to democratization
which is a precondition of Turkey’s membership to EU. In this context
we would also like to quote the European Parliament’s resolution of
1987 in which the acknowledgment of the Armenian genocide was named
as a pre-condition for Turkey’s admission to the EU.
In view of the above we, as the Human Rights Association in Turkey,
in the name of human rights, of the struggle against racist hatred
and of justice in Turkey and elsewhere, we would like to express our
belief that the Swiss Court’s decision to penalize Dogu Perincek’s
denialism was a step to protect us all, the entire humanity against
racism and our heartfelt support to Swiss Court’s exercising its
right to appeal against the ECHR decision dated 17 December 2013.
Sincerely yours,
Ozturk Turkdogan
Chairman,
Human Rights Association
TURKEY