Switzerland requested a review of the case Perinçek Archives

At 15:00 today, after a thorough review of the judgment of the First Chamber of the European Court of Human Rights had ruled in favor of the Turkish denialist, Dogu Perinçek under Article 10 of the freedom of expression, the Federal Office of Justice has called for a review of the case Perinçek.

Perinçek case: Switzerland calls for a review of the case by the Grand Chamber

Press Release, FOJ, 03.11.2014

Berne. Switzerland will ask the European Court of Human Rights to return the Perinçek case before the Grand Chamber. This decision stems from the Federal Office of Justice. The review of the case is to clarify the flexibility available to the Swiss authorities in the application of the anti-racist norm.

The European Convention on Human Rights provides the opportunity to review a case by the Grand Chamber, particularly if the case raises a serious question affecting the interpretation or application of the Convention. In this case, it is primarily to clarify the flexibility available to the Swiss authorities in the application of the anti-racist norm enshrined in art. 261 bis of the Penal Code, in force since 1 January 1995. Switzerland had created this standard to fill a gap in the criminal law in order to accede to the UN Convention on the Elimination of All Forms of Racial Discrimination.

Dogu Perinçek, a Turkish national, was sentenced March 9, 2007 by a court in Vaud a penalty and a fine, pursuant to art. 261bis PC, for denying the Armenian Genocide. After unsuccessfully appealed to the Vaud Cantonal Court and the Federal Court, Mr Perinçek took her case to the European Court of Human Rights. In its judgment of 17 December 2013, the Chamber in charge of the case found the existence of a violation of the freedom of expression of the complainant.

In a judgment of 12 December 2007, the Federal Court upheld the conviction of Turkish nationalist Dogu Perinçek, who had denied the existence of the Armenian Genocide during his appearances in Switzerland. Turkish politician then appealed against Switzerland to the European Court of Human Rights (ECtHR), which gave him reason.