The ECHR Femida cannot be appealed?

The famous decision of the European Court of Human Rights over the Perincek vs. Switzerland case had the effect of a bomb in the mass media. There are still articles with titles reading “European Court Gives Right To Deny Armenian Genocide” or “ECHR Allowed Perincek To Deny The Armenian Genocide”. Even the most uninformed people already know that, in accordance with provision No 10 of the European Court of Human Rights, each person can deny the heaviest crime against humanity like the genocide and go unpunished.

Moreover, “to make things sound better”, the ECHR mentions that the Armenian Genocide is unquestionably a historical fact, that the dignity of the descendants of Armenian Genocide victims needs to be respected and gave Perincek the right to deny it. This is nothing but an example of manifestation of ultra-democracy and double standards.

To put it mildly, the adoption of an unfavorable decision for the Armenian side by the Lower Chamber of the ECHR was a show of lack of professionalism and only at the last minute was it possible to prevent that thanks to the efforts of skillful Armenian lawyers. Wasn’t the Femida of the ECHR aware that the European Parliament has adopted resolutions on the recognition and condemnation of the Armenian Genocide in Strasbourg starting from 1987? Is it fair for the ECHR to consider a person denying the Holocaust as a racist and the person denying the Armenian Genocide as a democrat?

By saying it’s “an international lie”, Perincek is factually blaming not only the Armenians of the world, but all countries, Parliaments and the Vatican having recognized the Armenian Genocide for being liars. What is this, if not a show of racism, dear ECHR?

The false statements of Perincek and people like him are what bring crowds of Turks and Azerbaijanis to the streets in New York, Washington and other parts of the Diaspora. You can watch as many videos as you want. I am certain that there will be a bigger confrontation between Turkish and Armenian communities after this decision. “Thank you”, ECHR.

I am not an expert, but simple justice implies the following: If Perincek Efendi says “the genocide is an international lie”, then he must prove the eligibility of his words and prove that the countries having recognized the genocide have done the wrong thing. If not, then this person is merely a cheap quack. If so, does this mean that the ECHR is justifying quacks?

Provocations, blackmail and xenophobia cannot be classified in the category of freedom of speech. This is a big mistake and will have many consequences. The execution of the members of the staff of France’s Charlie Hebdo satirical magazine was the alarm about the fact that freedom of speech is not when one’s feelings about religion are hurt. So, it is not freedom of speech when genocide and other crimes against humanity are denied. This idea is also underscored in the statement that the Switzerland-Armenia Association issued with a feeling of discontent following the announcement of the verdict of the ECHR.

If the ECHR and the European Union support the same European values, then provision No 10 of the ECHR shouldn’t be any different from the Convention against Racism and Xenophobia proclaimed by the European Union in 2007 where the following is written: “Public denial of genocide or justification thereof shall be considered a manifestation of racism and shall be criminally punishable for a period of one to three years.”

All Armenians must raise their voices of protest against this strange justice.

But Perincek didn’t win. He is a crazy old man who wasted ten years of his life banging on the doors of Swiss prisons and then was pushed and shoved in a European court, wasted his health, his nerves and a tremendous amount of money that the ECHR didn’t compensate.

What’s unpleasant is the “Perincek syndrome” that was able to cast a little shade on the impressive international achievements in the year marking the 100th anniversary of the Armenian Genocide with “the light hand” of the ECHR.

Sarah Gasbarian

New York

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