347) Switzerland and the Armenian problem / Turkey expresses outrage over Perinçek detention

 

Workers’ Party leader Doğu Perinçek was detained and interrogated by the prosecutor of the Swiss town of Winterthur, where he was taking part in ceremonies marking the 82nd anniversary of the Lausanne Treaty. That was a highly serious incident. It was wrong for those who did not like Perinçek’s views and those who underplayed the importance of the Lausanne Treaty to report on that incident in the media in a trivialized manner.

 

Gündüz AKTAN

 

  Workers' Party (İP) leader Doğu Perinçek was detained and interrogated by the prosecutor of the Swiss town of  Winterthur where he was taking part in ceremonies marking the 82nd anniversary of the Lausanne Treaty. That was a highly serious incident. It was wrong for those who did not like Perinçek's views and those who underplayed the importance of the Lausanne Treaty to report on that incident in the media in a trivialized manner. However, with his words and deeds Foreign Minister Gül showed the importance he attached to this issue and his attitude made up for that mistake.

 

  Since the early 1980s Switzerland has, in various ways, obstructed the Lausanne Treaty ceremonies, using as an excuse the pro-PKK Kurds as well as the Armenians. In reality, it is an open secret that Swiss politicians sympathize with both Kurdish ethno-nationalism and the Armenian genocide claims.

 

  The National Assembly, that is, one of the two chambers of the Swiss parliament, adopted on May 15, 2002 a declaration titled “Recognition of the Armenian Genocide of 1915.â€� The declaration stressed that according to the 1948 Convention the 1915 incidents were genocide. It reiterated the erroneous argument that the U.N. Human Rights Sub-commission had acknowledged the Armenian “genocideâ€� in 1985. It contained many other similar errors.

 

  The prosecutor who detained Perinçek invoked Article 261 of the Swiss Penal Code. Paragraph 4 of that article says that “negating or grossly minimizing or justifying (due to racial reasons) genocide or a crime against humanityâ€� would constitute an offense punishable by a prison sentence or fine.

 

  Here, the basic legal issue is who should decide whether the Armenian incidents were genocide. According to Article 6 of the Genocide Convention, only a competent court or an international criminal tribunal set up for that purpose could determine whether a given act constitutes genocide. However, there has been no such court decision. The Swiss courts, as well as the Swiss prosecutors, cannot act as if such a ruling exists. They cannot possibly open a case against anybody for “negating the genocide.â€� Even if they did and won, they would lose the case ultimately at the European Court of Human Rights and Switzerland would have to pay compensation.

 

  During questioning, the prosecutor did not refer to the Swiss National Assembly's 2002 declaration. This shows that that legislative act on the part of the assembly is not legally binding. In this respect, the declaration in question is reminiscent of the much talked about one-article bill passed by the French parliament. Unlike the Holocaust (which was proven by the decision of the Nuremberg court), that bill is not based on any court decision on the “Armenian genocide,â€� hence it has no provision regarding implementation. It cannot be a subject for a case at French courts. In other words Switzerland, like France, is displaying a somewhat farcical attitude on the Armenian issue.

 

  Perinçek has no obligation to prove to the Swiss prosecutors or courts -- which are incompetent in dealing with this issue -- that the Armenian incidents were not genocide. Naturally, he can adopt that kind of attitude with political considerations and that would be a commendable effort.

 

  It is high time Switzerland took into consideration certain issues. Turks have shown that from now on they will not accept unjust treatment. They are not intimidated by threats of fictitious court proceedings. Besides, this is only the beginning. There is more to come. Every year, more and more people will be taking part in these ceremonies. The “negationâ€� will be articulated in a much louder voice.

 

  We saw the way Switzerland lost its struggle with the American Jews in the mid-1990s and had to pay “voluntaryâ€� compensation. Now, with each passing day it will be more difficult to use Turkey as a scapegoat for Switzerland's own tradition and record of racism -- in what amounts to a kind of psychological defense mechanism. We hope that Swiss politicians are successful in eliminating their own racism. However, if they fail in that -- and it is a strong possibility that they will -- it would be better for them to find other target groups on whom to project their racist feelings.

 

  On this occasion, Turkey should start explaining at all international fora that Switzerland has lost its character of being a center for peace meetings. To say the least, from now on Turkey should not accept Switzerland as a venue for talks on Cyprus, the Aegean and, especially, the Armenian question.

 

 

Thursday, July 28, 2005

turkishdailynews.com.tr/article.php?enewsid=19333

 

 

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Turkey expresses outrage over Perinçek detention
Thursday, July 28, 2005
ANKARA - Turkish Daily News

 

  Ankara has expressed outrage at a Swiss move to detain and question a Turkish politician for his remarks denying allegations that Armenians were victims of genocide at the hands of the late Ottoman Empire.

 

  The Turkish reaction was conveyed to the Swiss ambassador in Ankara, Walter Gyger, who was summoned to the Foreign Ministry yesterday.

 

  Workers' Party (İP) leader Doğu Perinçek was detained over the weekend in Switzerland on suspicion of violating Swiss anti-racism laws by denying the alleged genocide, which Turkey categorically rejects, during a speech he delivered in that country on the occasion of the 82nd anniversary of the Lausanne Treaty of 1923, which laid the foundations of modern-day Turkey.

 

  Perinçek was released after being questioned at the prosecutor's office in the canton of Winterthur. 

 

  Foreign Ministry Deputy Undersecretary Nabi Şensoy told Gyger that denying the alleged Armenian genocide could not be punishable in any country because the 1948 Convention on the Prevention and Punishment of the Crime of Genocide stipulates that an event could only be called "genocide" upon a decision by an authorized international court, which does not exist in regard to the Armenian events in the late Ottoman Empire, ministry sources said.

 

  Şensoy said criminal probes that have been launched into Perinçek and another Turkish citizen, Turkish Historical Society (TTK) head Yusuf Halaçoğlu, on the same issue had no legitimacy and therefore should be dropped.

 

  Otherwise, this would mean "violation of the freedom of expression with an outdated mentality," said Şensoy, warning that such moves would inevitably lead to "serious damage" in relations between the two countries.

 

  A probe was launched into Halaçoğlu in May due to his public remarks denying the alleged genocide. In brief remarks to reporters after the one-hour meeting, Gyger said he would inform the Swiss Foreign Ministry of the Turkish concerns.