Dear Honorable Members of the House of Commons,
Although Timothy Loughton MP claims that there is a general international consensus characterizing the sufferings of Armenians in Eastern Anatolia during World War I as “genocide”, he is completely mistaken. There is no such consensus which would mean “ultimate acceptance” of the Armenian allegations as ”genocide”.
The Armenian case does not constitute genocide under international law.
The decisions of international judicial authorities, such as the International Court of Justice (ICJ), European Court of Justice (ECJ), European Court of Human Rights (ECHR), and the French Constitutional Court suggest that historic and judicial realities do not confirm the Armenian allegations as ”genocide”.
In its Perincek-Switzerland decision of December 17, 2013, the ECHR ruled that “the treatment of Armenians during WWI cannot be interpreted as genocide.”
According to the ECHR, the 1915 events against Armenians are both historically and legally different from the Holocaust. No link can be established between the Ottoman Armenians and the German Jews.
There is however, ample evidence recognized by competent international courts proving that genocide was committed in Nazi Germany against Jews. Therefore, the Jewish genocide is an indisputable historical fact.
However, the “Armenian genocide” claims are open to debate and there is no court ruling on the issue. It cannot be considered in the same way as the Holocaust.
Extending the scope of genocides which is a precisely defined legal concept, to include cases recognized only in political terms in some countries’ parliaments, in fact works against freedom of speech.
On February 27, 2012, the French Constitutional Council rejected the shameful law approved by the French Senate and Chamber of Deputies that criminalized the denial of the “Armenian genocide.” In its decision, the Council also ruled that “ “No parliament can function as a court relating to a crime defined by itself.”
It has simply ruled against the amendment No 173 to the existing law on “Equality and Citizenship” which was meant to extend the scope of genocides by adding parliamentary recognitions to the list.
In 2003 and 2004, the ECJ characterized recognition of the “Armenian genocide” by the European Parliament as “a political measure with no judicial value.” It also ruled that both the “genocide” and “sustained loss” allegations were not proven.
The ICJ in The Hague – the highest judicial body of the UN, competent to hear war crime cases, including genocide – ruled on January 3, 2012: “Proceedings initiated by local courts against other countries have no judicial value; on the contrary, they are in violation of international law.”
I would hope that the members of the House of Commons bear these important facts and Court decisions in mind when considering Tim Loughton’s argument and decline to pass this meaningless bill.
Yours sincerely,
Uluc Gurkan
Lecturer in Politics
www.ulucgurkan.net – www.twitter.com/Uluc_Gurkan
[email protected] – [email protected]
0090 312 4198777 – 0090 532 2180758
Deputy Speaker-Turkish Grand National Assembly/TGNA (1995-1999)
Vice President-Parliamentary Assembly of the Council of Europe/PACE (2000-2002)
Vice President-Parliamentary Assembly of the Organization for Security and Co-operation in Europe/OSCE-PA(1992-1995)
Head of the Turkish Delegation-Parliamentary Assembly of the Western European Union/WEU-PA (1999-2002)
Member- Turkish Grand National Assembly/TGNA (1991-2002)
Middle East Technical University and Ufuk University (2003-….)
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