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IIGHRS Publishes Statement re ECHR Ruling in Swiss Papers

Bern, Switzerland—The International Institute for Genocide and Human Rights Studies (A Division of the Zoryan Institute) produced a full-page informational advertisement that appeared in Switzerland’s leading German and French language newspapers Neue Zürcher Zeitung on March 6 and Le Temps on March 7. The advertisements were the product of collaboration between the Switzerland Armenia Association and the IIGHRS. Links to these articles in English, French, and German follow this article.

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International Institute for Genocide and Human Rights Studies
A Division of the Zoryan Institute
PRESS RELEASE
FOR IMMEDIATE RELEASE                                              CONTACT: Deborah Hay
DATE: March 7, 2014                                                   TEL: 416-250-9807
International Institute for Genocide and Human Rights Studies Publishes Statement Regarding European Court of Human Rights Ruling in Swiss Papers

Bern, Switzerland—The International Institute for Genocide and Human Rights Studies (A Division of the Zoryan Institute) produced a full-page informational advertisement that appeared in Switzerland’s leading German and French language newspapers Neue Zürcher Zeitung on March 6 and Le Temps on March 7. The advertisements were the product of collaboration between the Switzerland Armenia Association and the IIGHRS. Links to these articles in English, French, and German follow this article.
The purpose of these ads was to raise awareness with the Swiss public that the December 17, 2013 ruling of the Perinçek vs. Switzerland case by the European Court of Human Rights, promotes racism and violence against Armenians in Turkey and elsewhere. The statement further argued that the Swiss government has a moral responsibility to appeal this ruling and defend its laws against racism. 
Seeing that to date the Swiss Government had not filed an appeal against the ruling of the European Court of Human Rights, the IIGHRS felt that it is crucial to educate the public about this critical legal and moral issue. Switzerland was not a bystander to the Armenian Genocide in 1915, and it should not be a bystander and allow its denial today. In this respect, the Institute endeavored to raise awareness of the facts of the Armenian Genocide through the speeches of the President of Switzerland in 1922 to the League of Nations, and in the words of the current President about the action needed against denial of the Holocaust or any other genocide. President Burkhalter noted that it is the duty of the Swiss people to remind people, ‘of the facts and the historical reality’, and stressed that Switzerland does not want to just ‘pay lip service, but to take concrete action’ to fight denial. Through the juxtaposing of these two historical speeches, the Institute explained that while it does not disagree with the right to freedom of speech, it takes issue with the ECHR’s highly debatable statements about the Armenian Genocide that went far beyond the Court’s mandate or competence.
Read the Texts Here:
English  http://zoryaninstitute.org/Announcements/ECHR_Statement_English_Edition.pdf
French http://zoryaninstitute.org/Announcements/ECHR_Statement_French_Edition.pdf
German http://zoryaninstitute.org/Announcements/ECHR_Statement_German_Edition.pdf
Copyright © 2014 The Zoryan Institute, All rights reserved.
http://us6.campaign-archive2.com/?u=953bb838fd033f9888c55b269&id=b372f8dac4&e=6b3c5eb4fa
Left: President Didier Burkhalter. (RDB/Xavier Voirol) Right: Former five-time President Giuseppe Motta.
Switzerland was not a bystander of the Armenian Genocide then, and
should not be a bystander to its denial now.
 THE INTERNATIONAL INSTITUTE FOR GENOCIDE AND HUMAN RIGHTS STUDIES
On the occasion of the International Day of Commemoration of the Holocaust in
January of this year, Pres. Didier Burkhalter said: …there are still some today who deny  the extent of the Holocaust…just as they deny the extent of the other
crimes committed by the Nazis and of other genocides. It is our duty to reject this attitude and to counter it by reminding people of the facts, of the historical reality…Switzerland and other countries do not want to just pay lip service to this, but to take concrete action.
This echoes the speech of five-time Swiss president Giuseppe Motta in the League of
Nations in September 1922, where he said the following about the Armenians:
When we think that this people had a population of about two and a half
millions, of which only 300,000 now remain in Turkey, while half a million
are exiles, supported by charity…we cannot refuse this poor, suffering
people the tribute, not only of our sympathy, but also of our determination to assist it in the fullest measure of our powers.
Indeed, the Swiss people have always taken action on behalf of the Armenians out of
humanitarian concern. In the Federal Archives in Berne there still exists the
famous pro-Armenian petition of 1896-1897 with the signatures of nearly half a million people (13.7% of the population), asking the federal government to intervene to stop the killings of Christians in the Ottoman Empire.
The Swiss were often heroic in their fight to aid the Armenians. From 1899-1922,
Jacob Künzler and his wife Elizabeth did their best to alleviate the suffering of
Armenians in a mission hospital at the crossroads of the death caravans on the way
to the Syrian Desert. As extreme as their experience was, some Swiss even put their
lives on the line. For example, one Swiss engineer was court-martialled because he
bravely gave bread to the starving Armenian women and children of a deportation
convoy.
In 2007, a Turkish citizen was convicted in the Lausanne Police Court of racial
discrimination for calling the Armenian Genocide an “international lie.” Swiss courts
rejected two appeals, stating that the Armenian Genocide, like the Jewish Genocide, is a proven fact and is recognised by Swiss legislation. However the European Court of Human Rights (ECHR) overturned this conviction on December 17, 2013, citing
the right to free speech. The problem with the ruling is not the right to free speech, which most people would agree with. The problem is that the ECHR made highly debatable statements about the Armenian Genocide that went far beyond the Court’s mandate or competence.
The Court, while pointing out that it was not called upon to rule on either the veracity
of the Armenian massacres, or the appropriateness of legally characterising those acts as “genocide”, nevertheless asserted its doubt that there could be a general consensus about such events. Thus, the Court, apparently unaware of the overwhelming body of published evidence, unnecessarily called into question the historical truth of the Armenian Genocide.
The Court took the view that the notion of genocide was a precise, narrowly defined
legal concept, only applicable when found by an international court to be clearly
established. It thereby overlooked the body of scholarly legal literature that affirms the
Armenian case is genocide.
The Court further asserted, “The rejection of the legal characterisation as ‘genocide’ of the 1915 events was not such as to incite hatred against the Armenian people,” and that there was no need in Switzerland to punish an individual for racial discrimination by challenging this legal characterization. Yet the Court stated that “the negation of the Holocaust is today the principal motor of anti-Semitism.”
In fact, the Human Rights Association in Turkey has made a strong argument for the
racism inherent in the Armenian case. They wrote, “…we are the most immediate, 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 freedom of expression and human rights in general…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.”
Denial has been called the final stage of genocide. It dehumanizes the victims and
their descendants as being unworthy of  concern and continues their victimization
through the psychological trauma of having to endure the ongoing injustice. As such,
denial of the Armenian Genocide certainly causes harm to Armenians, worldwide.
If the ECHR ruling stands, it would perpetuate anti-Armenianism in Turkey and
elsewhere and it will definitely promote racism. Under the Swiss penal code, any act
of denying, belittling or justifying genocide is a violation of the anti-racism law.
Pres. Burkhalter is right to call for concrete action. The Swiss Government has
a moral responsibility to appeal this ruling and defend its laws against racism.
Switzerland was not a bystander of the Armenian Genocide, and should not be a
bystander of the Armenian Genocide today.
On February 16, 2014 a group of scholars of Human Rights and Genocide issued an open letter to the Swiss Justice Minister: “We do not take issue with the notion of
freedom of expression, something that scholars agree is most often an essential
part of open, democratic society. We are, however, concerned about elements of the
Court’s reasoning that are at odds with the facts about the historical record on the
Armenian Genocide of 1915, at odds with an ethical understanding of denialism…We
believe it important that the government of Switzerland request a reexamination of the
Court’s judgment.”
Taner Akçam, Clark University
Margaret Lavinia Anderson, University of California Berkley
Joyce Apsel, New York University
Yair Auron, Open University of Israel
Peter Balakian, Colgate University
Annette Becker, University of Paris,
Institut Universitaire de France
Matthias Bjornlund, Danish Institute for Study Abroad (DIS)
Donald Bloxham, University of Edinburgh
Professor Hamit Bozarslan, Director, EHESS, Paris
Cathy Caruth, Cornell University
Frank Chalk, Montreal Institute for Genocide and Human Rights Studies
Israel Charny, Past President International Association of Genocide  Scholars (IAGS); Institute on the Holocaust and Genocide
Deborah Dwork, Clark University
Helen Fein, Independent Scholar
Marcelo Flores, University of Siena
Donna-Lee Frieze, Deakin University,
David Gaunt, Sodertorn University College
Wolfgang Gust, Independent Scholar, Director armenocide.com.de, Hamburg
Herbert Hirsch, Virginia Commonwealth University; co-editor, Genocide Studies
International
Marianne Hirsch, Columbia University
Tessa Hofmann, Institute for East European Studies
Richard Hovanissian, University of California, Los Angeles
Raymond Kevorkian, University of Paris-VIII-Saint Denis
Hans-Lukas Kieser, University of Zurich
Mark Levene, University of Southampton, UK
Robert Jay Lifton, The City University of New York
Deborah Lipstadt, Emory University
Wendy Lower, Claremont McKenna College
Robert Melson, Purdue University; Past President, IAGS
Donald E. Miller, University of Southern California
A. Dirk Moses, European University  Institute, Florence and Senior Editor,
Journal of Genocide Research.
James R. Russell, Harvard University
Roger W. Smith, College of William and Mary; Past President, IAGS
Leo Spitzer, Dartmouth College
Gregory Stanton, George Mason
University; Past President, IAGS
Yves Ternon, Historian of modern genocide, independent scholar, France.
Henry C. Theriault, Worcester State University; Co-Editor-in-Chief, Genocide
Studies and Prevention

Eric D. Weitz, The City College of New York/Graduate Center

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