3358) Genocide Guide To: Switzerland, Turkey, European Court of Human Rights

Genocide Guide To :

“Switzerland”: Where laws do not have to abide UN principles or wording!

“Turkey” : Where indifference and negligence seem to prevail even in law offices!

“European Court of Human Rights”: Where we hope (!) they stop this political travesty!

Although I am no lawyer or scholar, I have been digging this political orgy and abuse of human decency and intelligence by a small group of charlatans who could misguide the world, in spite of several books and written evidences proving that they “lie to cheat and milk donations” which go into certain pockets by marketing hatred, fabrications and non-existent crimes.

By now the World is aware of a law in France which heavily penalized any one “not accepting the occurrence of an Armenian genocide.” This law which was abused by Sarkozy simply to get some thousands of French Armenian votes was very recently found “unconstitutional” and has been thrown in deep-freeze. However, a similar law prevailing in Switzerland, has condemned Prof. (of law) Mr Dogu Perincek, for delivering speeches in Switzerland, rejecting the existence of any Armenian genocide. . . .

Presently, Prof Perincek has applied personally to the European Court of Human Rights, for correction of this sentence by the Swiss State and indemnity for abusing international human right of free speech. I am not sure to what extent the lawyers of Mr Perincek or Republic of Turkey is aware of the written facts which should prevail and respected by all concerned parties, in the name of international justice and logic of decent human beings. Let me hope that this posting is brought to the knowledge of all concerned parties and should they have any different opinions they may please write to this blog for free knowledge of all readers. Hence, let us note existing laws, regulations and contradictions and judge ourselves as regards where “LAW and JUSTICE rest”.

(1) The Swiss Government in their official response submitted to the European Court of Human Rights (Jan.2011), have clearly stipulated that “they are of opinion that the introduction of the Penal Law No.261, accepted on 25.9.1994 by People’s Vote, is of sufficient clarity.”

(2) Now, let us quote and read the subject law to see where the clarity of “Armenian genocide” is written.

Book Two: Specific Provisions Title Twelve: Felonies and Misdemeanors against Public Order
Art. 261 Attack on the freedom of faith and the freedom to worship
Art. 261bis 1

Racial Discrimination

Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin or religion, any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of the members of a race, ethnic group or religion, any person who with the same objective organizes, encourages or participates in propaganda campaigns, any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin or religion in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivializes or seeks justification for genocide or other crimes against humanity, any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin or religion when that service is intended to be provided to the general public, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Inserted by Art. 1 of the Federal Act of 18 June 1993, in force since 1 Jan. 1995 (AS 1994 2887 2888; BBl 1992 III 269). English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

(3) Did any one read the word “Armenia” or any reference to an Armenia Genocide? Well, in the absence of such clarification, we can logically ask if the Swiss Government or any authority has the “liberty to interpret and implement the law as they wish, without documented clarification”! If the “introduction of the above law” serves as a two edge sword that can cut any person or nation without any verdict of an authorized tribunal, then Law No.261 becomes nothing but a “lynching law” in the hands of administration. Do international laws and regulations give any such freedom to any state that is a member of the United Nations? I am of opinion that even monarchies and dictators, can not dare to use any such crystal clear abuse of human rights.

(4) Now let us refer to some of the articles of the Human Rights Declaration: http://www.un.org/en/documents/udhr/

Art.18: Everyone has the right of freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Art. 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference to seek receive and impart information and ideas through any media and regardless of frontiers!

Art. 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Art. 30: Nothing in this declaration may be interpreted as implying for any state, group or person any right to engage if any activity or to perform any act aimed at the destruction of any rights and freedoms set forth herein.

It goes without saying that any person owns such large freedom of expression and/or diffusion anywhere on this world, which can even contradict all monotheist or pagan religions (nearly all human believe in). Yes Sir, you are free not to believe in God and all faiths, you can propagate the opposite, but you cannot say “I do no not believe in this unproven – unlawful palaver of Armenian genocide”! If you do not think the Armenian voters’ way, then you become a criminal subject to heavy penalties! Why? Because some cheap politicians have auctioned their honor against some votes…and take the rest of the people as stupid!

(5) Let us proceed with more ignorance and disrespect of existing other laws and conventions. Refer to:
Armenians-1915.blogspot.com/2005/12/486-60th-anniversary-of-genocide.html

P.832: At the same time, the stigma that comes with allegations of genocide require that they be scrutinized carefully and, as the International Court of Justice recently reminded us, only the clearest of cases will be considered as genocide.

P.835: From the very first draft of the Convention, the need for a narrow definition of genocide was stressed and negotiating parties.

P.839: For genocide to occur, under the Convention, the actions must be aimed at such a group and the list is considered to be exhaustive.

P. 843: Conversely, if an actor kills only a few members of group, significant evidence will be needed to show intent to destroy the group.

The definition of the crime of genocide requires an extremely high standard of proof regarding the mental element of intent.

Whereas let us see what documents say:

Copy of “Note Verbal” by Secretary-General Sir Eric Drummond, dated March 1st, 1920.

Page 2: “Further, in Turkey, minorities were often oppressed and massacres carried out by irregular bands who were entirely outside the control of the central Turkish Government”.

P.846: The establishment of a genuine universal international criminal court in July 1998 at the Rome Diplomatic Conference, which adopted the definition of Genocide Convention, is further evidence of the importance of the Convention….

A special rapporteur on the prevention of genocide was appointed for the first time by the United Nations Secretary-General in 2004.

Note: Apparently none of the parties, Switzerland, Turkey, Perincek lawyers have heard of this rapporteur and that it is necessary to have the verdict of an international court under control of the United Nations!

(6) Sorry, but this is not the end of the saga of absurdities or drought of knowledge of law and history:
Armenians-1915.blogspot.com/2010/06/3099-if-armenians-fight-with-us-against.html



(7) And now let us see by valid documents, who the true criminals and victims were:



CONCLUSION:
I do not wish to add any other words as “my own opinion”, since we are speaking about International laws and concrete historical documents! I respect the intelligence, neutrality and common sense of the readers and appreciate their open comments, if any.

With due respect to all defenders of TRUTH, and moderators of this blog,

Sukru S. Aya Istanbul, June 4, 2012.