THE SWISS FEDERAL COURT CONDEMNS A DENIER OF THE ARMENIAN GENOCIDE
AZG Armenian Daily
20/12/2007
The Swiss-Armenian Association has learnt with great satisfaction of
the Federal Court’s ruling published today that the President of the
Party of Turkish Workers, Dogu Perincek, has been condemned as guilty
of racial discrimination (article 261bis of the Penal code). Dogu
Perincek had repeatedly asserted in 2005 that the genocide of Armenians
in 1915 – during which about 1.5 million Armenians were killed – is an
"international lie". Dogu Perincek has been definitively condemned
with a conditional fine, a fine and has been ordered to pay all
expenses related to the legal procedure. The Federal Court brings
with this judgment, which constitutes precedence, a lot of clarity
and consequently a world première regarding legal recognition of the
Armenian genocide.
With this decision Switzerland’s highest legal authority, leaves
no doubt as to the fact that the events of 1915 correspond well and
truly to genocide (as has previously been decided at the Police Court
and the Court of Cassation of the Canton of Vaud), as related to the
agreement of the UN of 1948 defining the crime of genocide.
It appears that this is the first time globally that a supreme court
of criminal law has pronounced a condemnation for denial of the
Armenian genocide.
Swiss justice has thus demonstrated its independence; it notably
did not allow to pressure exerted by Turkey to influence its
decision. Thus, the Federal Court is contributing to the prevention
of genocide and other crimes against humanity by preventing the
reproduction of contemptuous behaviour and by guaranteeing justice
and respect for human dignity. The Federal Court considers that the
negation of the genocide of Armenians constitutes a threat to the
identity of the Armenian people. The Federal Court has also asserted
that the condemnation of Dogu Perincek contributes to the protection
of human dignity amongst the Armenian community, the dignity which
identifies itself with respect for the memory of the genocide of 1915.
With its decision, the Federal Court also sends a signal to other
countries inviting them to develop national legislation so that the
denial of all genocides, including the genocide of the Armenian people,
is penally condemned.
The judgment of 12th December 2007 – a memorable date since it
coincides with the day that the Federal Councillor Christophe Blocher
was dismissed – also shows that the article of law on the prevention
of racism, which is so frequently attacked, in fact presents the
justice with no difficulty in application. On the contrary it is a
useful and precious tool. Therefore, the attempted revision of the
measure against racial discrimination, which was introduced by the
head of the Federal Department of Justice and Police (in his position
only for a few more days), is revealed to be quite useless.
–Boundary_(ID_S+Gv/eeMgsAOibYqidojow)–