MERCAN AND OTHERS v. SWITZERLAND - 18411/11 (Judgment : Violation of Freedom of expression) French Text [2017] ECHR 1064 (28 November 2017)

MERCAN AND OTHERS v. SWITZERLAND - 18411/11 (Judgment : Violation of Freedom of expression) French Text [2017] ECHR 1064 (28 November 2017)

The Court found that the applicants' conviction for denial of the Armenian genocide was not necessary in a democratic society and thus constituted a violation of Article 10 ECHR. The facts and legal issues were materially identical to those in Perinçek v. Switzerland, and the interference with the applicants' freedom of expression was not justified.

Citation
[2017] ECHR 1064
Parties
Applicant: Ali Mercan; Applicant: Hasan Kemahli; Applicant: Ethem Kayali; Respondent: Confédération suisse
Jurisdiction
European Union
Judgment Date
28 November 2017
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 10 ECHR found; declaration of violation; compensation awarded.
Legal Topics
Freedom of Expression, Discrimination, Genocide Denial, Article 10 ECHR
Human Rights Law Criminal Law Freedom of Expression Discrimination Genocide Denial Article 10 ECHR

Case Brief

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Parties

Ali Mercan

Applicant

Hasan Kemahli

Applicant

Ethem Kayali

Applicant

Confédération suisse

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

Legal Issues

  1. 1 Whether the applicants' conviction for denial of the Armenian genocide violated their right to freedom of expression under Article 10 ECHR.

Ratio Decidendi

The Court found that the applicants' conviction for denial of the Armenian genocide was not necessary in a democratic society and thus constituted a violation of Article 10 ECHR. The facts and legal issues were materially identical to those in Perinçek v. Switzerland, and the interference with the applicants' freedom of expression was not justified.

Court Disposition

Violation of Article 10 ECHR found; declaration of violation; compensation awarded.

Orders

  • Rejects the Government's unilateral declaration.
  • Declares the application admissible.