Category: News

ANCA: European Court judgment conflicted and contradictory

Maral Chavushian
The European Court of Human Rights (ECHR) issued a contentious 10-7 ruling on the case of Turkish national Dogu Perincek, convicted in Switzerland in 2007 for denial of the Armenian Genocide.  While the ruling upholds Perincek’s right to freedom of speech in this specific case, the court affirmed the “right to dignity” of the Armenian people and, more broadly, did not dispute the legality of  criminalizing genocide denial, particularly in the instances of inciting hatred or violence.
ANCA Government Affairs Director Kate Nahapetian offered this reaction to the ECHR court ruling on the Perincek Case:
 
“A sharply divided European Court for Human Rights failed to consistently apply fundamental principles of law and justice in the Perincek case, resulting in a mixed decision. The court’s conflicted and contradictory judgment, while offering deeply troubling protection for hate speech, does create meaningful new opportunities for progress in ending Turkey’s denials and ultimately reaching a truthful and just resolution of the Armenian Genocide.”
The 134-page ruling includes 3 dissenting opinions, including a dissent submitted by 7 judges from the panel, most notably the President of the European Court of Human Rights Dean Spielmann.  That opinion reads, in part:
“1. We are unable to agree with the conclusion that there has been a violation of Article 10 of the Convention in the present case.”
“2. First of all, we note the decidedly timid approach on the Court’s part in reiterating the Chamber’s position that it is not required to determine whether the massacres and deportations suffered by the Armenian people at the hands of the Ottoman Empire can be characterised as genocide within the meaning of that term in international law, but also that it has no authority to make legally binding pronouncements, one way or the other, on this point (see paragraph 102 of the judgment). That the massacres and deportations suffered by the Armenian people constituted genocide is self-evident. The Armenian genocide is a clearly established historical fact. To deny it is to deny the obvious. But that is not the question here. The case is not about the historical truth, or the legal characterisation of the events of 1915. The real issue at stake here is whether it is possible for a State, without overstepping its margin of appreciation, to make it a criminal offence to insult the memory of a people that has suffered genocide. In our view, this is indeed possible.”
“3. That being so, we are unable to follow the majority’s approach as regards the assessment of the applicant’s statements (I). The same applies to the impact of geographical and historical factors (II), the implications of the time factor (III) and of the lack of consensus (IV), the lack of an obligation to criminalise such statements (V), and the assessment of the balancing exercise performed by the national authorities (VI).”

 

Switzerland says too early to predict legal consequences of ECtHR ruling on Armenian Genocide denial case

Jane Topchian

Switzerland’s Federal Department of Justice and Police has issued a statement concerning the European Court ruling in Perinçek v. Switzerland case. The statement reads:

By convicting Turkish citizen Doğu Perinçek, Switzerland violated his right to freedom of expression (Art. 10 ECHR). So ruled the Grand Chamber of the European Court of Human Rights (ECtHR) with a majority of 10:7 in its judgment announced today in Strasbourg. The judgment is final and thus upholds the ECtHR Chamber judgment of 17 December 2013 in the same case. The Federal Office of Justice (FOJ), which represented the Swiss government before the ECtHR, has acknowledged with interest the judgment of the Grand Chamber.

On 9 March 2007, Turkish national Doğu Perinçek was sentenced in Canton Vaud to both a financial penalty and a criminal fine on the basis of a criminal anti-racism provision in the Swiss Criminal Code (Art. 261bis para. 4 CC) for denying the genocide of the Armenian people. The Cantonal Court of Canton Vaud and the Federal Supreme Court both rejected appeals against the judgment. In its Chamber judgment of 17 December 2013, the European Court of Human Rights determined that the Swiss courts’ rulings violated the appellant’s right to freedom of expression. On 17 March 2014, Switzerland requested that the case be reviewed by the Grand Chamber. The review was to clarify the degree of discretion available to the Swiss prosecuting authorities in applying criminal law to combat racism.The judgment of the Grand Chamber confirms the great importance that the ECtHR attaches to freedom of expression. It is too soon to predict the legal consequences of this outcome. A thorough analysis of the comprehensive judgment will be required before it becomes clear whether its implementation will require the more restrained application of anti-racism law, or legislative reform.

In addition, the Grand Chamber decided by 12 votes to five that its determination of a breach of Art. 10 ECHR constituted sufficient compensation for the non-pecuniary loss that Perinçek had claimed. It unanimously rejected all other compensation claims.

Within six months at most, Switzerland will report on how it intends to proceed to the Committee of Ministers of the European Council, which is responsible for monitoring the execution by Member States of final judgments. The report must set out the action that Switzerland has taken to eliminate the consequences of the violation determined in this individual case, as well as to prevent such violations in the future. If Switzerland is not yet able to report fully on the execution of the judgment, it must at least present a binding schedule indicating when the intended implementation measures will be undertaken.

Iran’s First Vice-Preside visits Blue Mosque in Yerevan

Emil Lazarian

Armenian Prime Minister Hovik Abrahayan and Iran’s First Vice-President Eshaq Jahangiri participated in the events celebrating the 250th anniversary of the Blue Mosque in Yerevan.

The Armenian Prime Minister stressed in his remarks that the two peoples are tied by millennia-long history and close cultural relations that come from the depth of centuries and will endure for centuries.

“The friendly peoples of Armenia and Iran have given the world a valuable cultural heritage, enriching the world treasury with everlasting values – be it in the field of literature, music, theatre, architecture or other,” Hovik Abrahamyan said.

“The Blue Mosque built in Yerevan 2.5 centuries ago is truly a best example of cultural legacy. This monument is truly one of the unique cultural pearls of the region,” he added.

Hovik Abrahamyan noted that issues of preservation of historic monuments have always been in the spotlight due to the tolerance peculiar to the Armenian and Iranian peoples.

“The joint reconstruction works of the Blue Mosque started in 1990s. We are now working jointly to have the Blue Mosque added to the UNESCO World Heritage List,” the Prime Minister noted. He also thanked the Iranian side for the careful attitude towards the Armenian historical-cultural heritage, as a result of which the Armenian St Thaddeus and St. Stephanos Monastries were included in the UNESCO World Heritage List.

Hovik Abrahamyan voiced conviction that the Blue Mosque would remain a guarantee of cultural ties and friendship between the two peoples.

The Blue Mosque was built in Yerevan in 1764- 1765 and got its name because of the dome covered with blue tiles. It reflects the peaceful historic co-existence of Armenians and Iranians and is a symbol of friendship between the two.

European Court confirms the historical truth of 1915 Armenian Genocide

Jagharian Tania

The International Institute for Genocide and Human Rights Studies issued the following statement today after the European Court of Human Rights delivered a judgment in the case of Perinçek v. Switzerland:

“The European Court of Human Rights delivered a Grand Chamber judgment in the case of Perinçek v. Switzerland at a public hearing today, October 15, 2015.

The lead counsel for the NGO Coalition (Turkish Human Rights Association, Truth Justice Memory Centre and International Institute for Genocide and Human Rights Studies), Professor Payam Akhavan of McGill University in Canada, a former UN prosecutor at The Hague, emphasized that the Court’s Judgment “clearly, unanimously, and emphatically confirmed the historical truth” of the 1915 Armenian Genocide.  In a divided opinion, the majority of ten judges held that the Swiss judgment against Mr. Perinçek’s denial and minimization of these events violated his freedom of speech under the European Convention on Human Rights.  However, seven judges, including the President of the Court, held that “the massacres and deportations suffered by the Armenian people constituted genocide is self-evident. The Armenian genocide is a clearly established historical fact. To deny it is to deny the obvious.”  The majority of ten judges also confirmed “the massacres and mass deportations suffered by the Armenian people at the hands of the Ottoman Empire from 1915 onwards” and only differed in its view that it “has not authority to make legally binding pronouncements” on whether these events “can be characterized as genocide within the meaning of that term under international law”.

Mr. Perinçek himself did not deny that these atrocities did in fact take place, but simply denied their characterization as “genocide” and blamed the 1.5 Armenian victims for their own fate by portraying them as “traitors” and “aggressors”.  The majority found that his statements should not have been penalized by the Swiss courts, because they did not pose a threat to Armenians in Switzerland.  Professor Akhavan noted that in doing so, “the majority did not give sufficient weight to the convincing evidence submitted by the NGO Coalition, demonstrating Mr. Perinçek’s racist motives by reference to his previous conduct in Turkey, and its impact on the vulnerable Armenian minority that has been subjected to a campaign of hate speech and violence.”  He emphasized that “this aspect of the decision is unfortunate at a time when there is an alarming increase in ultra-nationalist hate speech and violence in Turkey.  The fact that Mr. Perinçek leads the Talaat Pasha Committee (named after the “Ottoman Hitler”) that the European Parliament has characterized as a ‘xenophobic and racist’ organization, is itself the most obvious evidence of his discriminatory motives.”  Professor Akhavan regretted moreover, that the majority disregarded the Istanbul Penal Court’s finding in the Ergenekon trial that Mr. Perinçek had incited hatred and violence against Armenians, on the grounds that instead of relevant excerpts, the NGO Coalition should have produced the full 17,000 page judgment!

The dissenting opinion of the seven judges, including that of the President, is highly significant, in asking:

Why should criminal sanctions for denial of the characterization of the massacres of Armenians in Turkey in 1915 as “genocide” constitute a violation of freedom of expression, whereas criminal sanctions for Holocaust denial have been deemed compatible with the Convention?

According to Professor Akhavan, “the divided opinion of the Grand Chamber, and the alarming increase in extremist violence in Turkey, is the clearest indication that the question of racist hate speech against Armenians is far from resolved, and that it will require constant vigilance.  What is clearly established by the Judgment however, is unanimity among all seventeen judges, that the Armenians did in fact suffer massacres and mass deportations at the hands of the Ottoman Empire from 1915 onwards, irrespective of its legal characterization one way or another.”

The Zoryan Institute and its subsidiary, the International Institute for Genocide and Human Rights Studies, is the first non-profit, international center devoted to the research and documentation of contemporary issues with a focus on Genocide, Diaspora and Armenia.

Turkish writer’s wish is to see the copy of Tsitsernakaberd Memorial built in Ankara

Vorskanian Yeghisabet

 

 

 

My wish is to see the copy of Tsitsernakaberd Memorial opened in Turkey, Turkish writer Kemal Yalcin told a press conference in Yerevan.

Kemal Yalcin is a Turk and a Muslim. He has nothing to do with Armenians. As a student he read in Turkish textbooks that Armenians were traitors. He met the first Armenian in Germany, where he has been living since 1980. It was Meline, an Istanbul Armenian teacher.

“Meline was teaching us, telling about different countries – China, Finland, India, but never about Armenia and Armenians. ‘It’s impossible to tell about our pain,’ she said, when I asked her why she avoided telling about her Motherland and her people. When I revealed my plans to write about Armenians, she made me promise I would visit Cilicia to find the heirs of Genocide survivors and talk to them. Only after that she agreed to speak about her pain,” Kemal Yalcin said.

The Turkish writer visited the Tsitsernakaberd Memorial today. “I’m shocked and extremely excited,” he said. “I have dedicated more than 5,000 pages to the Armenian people and the Armenian Genocide, but I know it’s nothing compared to the sufferings the Armenian people went through. Believe that I carry that pain in my soul and I’m aware I have a lot to do to support your just cause,” Kemal Yalcin added.

The author’s dream is to see the copy of Tsitsernakaberd built in Ankara. “I want Turks to lay flowers at the memorial to the innocent victims every April 24 just like Armenians do,” he concluded.

Ukrainian Yanair Airline to launch flight to Armenia

Emil Lazarian

Yanair, a regional airline from Ukraine, will launch Kiev-Yerevan flights from November 24. The flights will be operated with Boeing 737 aircrafts twice a week – on Tuesdays and Fridays, reports.

The plane will take off from “Kiev” Airport at 07:50 and  land in Yerevan at 12:30. The flights from Yerevan are scheduled for 13:45 local time.

The one-way tickets will cost $140, a return ticket will cost at least $225.

Moscow calls for renewed dialogue on Karabakh settlement

Adrine Hakobian

Moscow urges the parties to the Karabakh conflict to refuse form application of force and demonstrate political will to reach a compromise, official representative of the Russian Ministry of Foreign Affairs Maria Zakharova has declared, RIA Novosti reports.

“Unfortunately, the renewal of political dialogue gets more complicated because of escalation of situation in the conflict zone, increased number of victims, including civilians,” she said, adding that “further escalation is simply inadmissible.”

“We call on the parties to refuse from the use of force and demonstrate political will necessary for reaching a compromise,” she said.

According to her, the issue of Karabakh conflict settlement was discussed in detail during the visits of the Armenian and Azerbaijani Foreign Ministers to Moscow in April-May.

“The topic is on the agenda of Russian FM Sergey Lavrov’s contacts with foreign counterparts. We are working in that direction in close cooperation with France and the United States. The Minister recently held a meeting with the OSCE Minsk Group Co-Chairs on the sidelines of the 70th session of the UN General Assembly, during which the parties referred to practical issues of conflict settlement ahead of the forthcoming visit of the mediators this month,” Zakharoca said.

Congressman Ted Lieu supports U.S.-Armenia Double Tax Treaty

Chmshkian Vicken

Asbarez – The Armenian National Committee of America – Western Region (ANCA-WR) is expressing its appreciation to Congressman Ted Lieu for authoring a letter to U.S. Treasury Secretary Jacob Lew in support of a U.S.-Armenia Double Tax Treaty.

The accord, if concluded, would, by limiting the prospect of double taxation, remove a major barrier to the growth of US – Armenia bilateral trade and investment – a major goal of the ANCA.

In August of this year senior Armenian National Committee of America officials met with U.S. Treasury Secretary Jacob Lew in Washington, DC to press for a new U.S.-Armenia Double Tax Treaty. The current treaty governing double taxation issues between the two countries is the 1973 U.S.-U.S.S.R. Tax Treaty, an outdated forty year-old accord. The ANCA strongly believes that the lack of a double tax treaty between the United States and Armenia creates legal uncertainty that deters potential U.S. investors, diverts investment flows and disadvantages American businesses seeking to invest in the Republic of Armenia.

“Our many ANCA supporters in California’s 33rd Congressional District greatly appreciate Congressman Lieu’s leadership in seeking to bolster economic ties between the United States and Armenia,” said ANCA-WR Chair Nora Hovsepian. “We are pleased that Congressman Lieu is so actively supportive of updating a tax treaty that, if adopted by the U.S. Senate, would serve to facilitate the flow of investment between America and Armenia.  It is our hope that the Obama Administration responds positively to Congressman Lieu’s principled support for this critical initiative,” added Hovsepian.

In his letter to U.S. Treasury Secretary Lew, Congressman Lieu asserted that a “modern tax treaty [between the U.S. and Armenia] could facilitate the growth of commercial relations, enhance job creation in both countries and provide Armenia with greater regional autonomy.” The Congressman’s letter went on to state that he is encouraged that “the United States already has a number of tax treaties with relatively small countries, such as Estonia, Jamaica, Latvia, Lithuania, Malta and Slovenia.”