Perincek wins case against Switzerland, loses to Armenia

The European Court of Human Rights (ECHR) has delivered its Grand Chamber judgment in the case of Perincek v. Switzerland.

The Court held that there had been a violation of freedom of expression. It concluded that it had not been necessary, in a democratic society, to subject the applicant to a criminal penalty in order to protect the rights of the Armenian community at stake in the case.

On the other hand, a number of not pro-Armenian wordings were removed from the judgment were edited in Armenia’s favor. That is, the fact of the Armenian Genocide is not called into question.

In today’s Grand Chamber judgment in the case of Perincek v. Switzerland (application no. 27510/08) the European Court of Human Rights held, by a majority, that there had been: a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
 

According to the Chamber judgment, Article 8 of the European Convention on Human Rights (right to respect for private life) offers guarantees for the protection of the victims of Genocide and the modern day Armenians.

The Court thus tried to maintain a balance between the right to freedom of expression and private late, taking into account the specific circumstances of the case and the proportionality of the measures used and the the aim sought to be achieved.

The Court concluded that it had not been necessary, in a democratic society, to subject Mr Perinçek to a criminal penalty in order to protect the rights of the Armenian community at stake in the case.

According to the Court’s judgment, Perincek’s statement did not amount to a call for hatred or intolerance and could not be regarded as affecting the dignity of the members of the Armenian community to the point of requiring a criminal law response in Switzerland.