PERINCEK v. SWITZERLAND - 27510/08 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)) [2015] ECHR 907 (15 October 2015)

PERINCEK v. SWITZERLAND - 27510/08 (Judgment (Merits and Just Satisfaction) : Court (Grand Chamber)) [2015] ECHR 907 (15 October 2015)

The Grand Chamber held that the applicant's conviction and sentence for publicly denying the Armenian genocide constituted a violation of Article 10 of the Convention. The Court found that the interference with the applicant's freedom of expression was not necessary in a democratic society, as the statements did not...

Source-derived case information.

Citation
[2015] ECHR 907
Parties
Applicant: Doğu Perinçek; Respondent: Swiss Confederation
Jurisdiction
European Union
Judgment Date
15 October 2015
Procedural Posture
Application Under Article 34 ECHR (human Rights) / Grand Chamber Judgment After Appeals Through Swiss Courts
Outcome
Violation of Article 10 ECHR found; no separate examination of Article 7; applicant's conviction incompatible with Convention rights.
Legal Topics
Freedom of Expression, Genocide Denial, Racial Discrimination, Article 10 ECHR, Article 7 ECHR
Human Rights Law Criminal Law International Law Freedom of Expression Genocide Denial Racial Discrimination Article 10 ECHR Article 7 ECHR

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Parties

Doğu Perinçek

Applicant

Swiss Confederation

Respondent

Procedural Posture

Application Under Article 34 ECHR (human Rights) / Grand Chamber Judgment After Appeals Through Swiss Courts

Legal Issues

  1. 1 Whether the applicant's conviction for denying the Armenian genocide violated Article 10 (freedom of expression) of the Convention
  2. 2 Whether the conviction violated Article 7 (no punishment without law) of the Convention

Ratio Decidendi

The Grand Chamber held that the applicant's conviction and sentence for publicly denying the Armenian genocide constituted a violation of Article 10 of the Convention. The Court found that the interference with the applicant's freedom of expression was not necessary in a democratic society, as the statements did not amount to incitement to hatred or violence, and the context was one of historical and political debate. The Court distinguished the case from those concerning Holocaust denial, noting the lack of international consensus on the legal characterisation of the events of 1915 as genocide. The Court did not find it necessary to examine separately the complaint under Article 7.

Court Disposition

Violation of Article 10 ECHR found; no separate examination of Article 7; applicant's conviction incompatible with Convention rights.

Orders

  • The applicant's conviction and sentence in Switzerland are found to violate Article 10 of the Convention.
  • No separate examination of Article 7 is necessary.