Constitutional Council’s scandalous rejection of French genocide bill
By Harut Sassounian
Publisher, The California Courier
Armenians in France and throughout the world reacted with utter indignation against the Constitutional Council’s scandalous decision rejecting the Genocide denial bill.
The National Assembly and Senate recently adopted a bill that would set a penalty of a year in jail and $60,000 fine for anyone denying the genocides recognized by the French government. France officially recognizes the Jewish Holocaust and the Armenian Genocide.
Even though the bill did not specifically mention the Armenian Genocide, the Turkish government did everything short of declaring war against France to undermine its adoption, thereby identifying itself as the perpetrator of one of the two genocides. After failing to block the adoption of the bill by the two chambers of the French legislature, Turkey and Azerbaijan, its junior partner in the crime of genocide denial, left no stone unturned to have the law declared unconstitutional.
Turkey applied all kinds of pressure on French legislators to collect the necessary 60 or more signatures needed to appeal the adopted bill to the Constitutional Council. Ironically, while the Turkish government was announcing a boycott of French companies, a Turkish group was hiring a high-powered French lobbying firm to assist in the hunt for signatures. Azerbaijan joined in this sinister lobbying effort by inviting six French Senators to Baku to collect their rewards for having signed the appeal! By hook or crook, the Turkish authorities and their French surrogates succeeded in enticing 142 of over 900 members of the French legislature to file an appeal with the Constitutional Council on January 31, 2012.
Clearly, this was an unacceptable intrusion into France’s domestic affairs. Rather than allowing the Turkish Ambassador to pressure members of the legislature to sign the appeal to the Constitutional Council, France should have expelled him for violating his diplomatic mandate! Turkey should not be permitted to dictate French laws!
The Constitutional Council is a hodge-podge of 11 retired individuals of various backgrounds. It includes two French Presidents, two judges, three legislators, and four government officials. A major controversy erupted when a French newspaper revealed that several members of the Council, including its Chairman, had serious conflict of interest problems in reaching a fair decision. Some had made prejudicial statements on this issue while serving in the legislature, others have business ties with Turkey, and most shockingly, one of them, Hubert Haenel, is a member of the Bosphorus Institute -- a French-Turkish "think tank" that lobbied against the genocide denial bill!
Under such scandalous conditions, most Council members should have disqualified themselves from sitting in judgment on this issue. After these embarrassing disclosures, two Council members withdrew from deliberating on the genocide bill, and former Pres. Jacques Chirac was reportedly too ill to attend the session.
The Constitutional Council’s eight remaining members ruled on February 28, 2012 that the bill penalizing genocide denial approved by the Parliament and Senate was unconstitutional because it violated French laws on freedom of speech!
This was a shocking decision for two reasons: 1) Several members of the Constitutional Council violated the law themselves by sitting in judgment on an issue in which they had a clear bias or conflict of interest; and 2) They ruled the genocide denial bill to be unconstitutional supposedly because it restricted free speech, while leaving intact another law that penalized denial of the Holocaust. The Council members failed to explain why penalizing denial of the Armenian Genocide was a restriction on freedom of expression while penalizing denial of the Jewish Holocaust was not! All genocide victims merit equal protection under the law. There should be no double standards!
Unlike the United States, France has several laws that restrict freedom of expression. Why is that when it comes to punishing deniers of the Armenian Genocide, the Council members all of a sudden become staunch defenders of free speech?
French Armenians should take up all legal and political measures to reverse the Council’s unfair and illegal decision. They could file a lawsuit with the European Court of Human Rights against the Constitutional Council as well as introduce a new bill in the French legislature.
Since the two leading French Presidential candidates have pledged to bring up this bill again after the upcoming elections, this issue will not go away until a law is adopted penalizing Armenian Genocide denial. Turkey must not be allowed to export its denialist policies to European shores!
Videos
Interview with Francis Malige, EBRD Managing Director
Armenians Commemorating 106th Anniversary of Genocide
Biden Under Pressure to Recognize Armenian Genocide - KTLA 5 News
Governance and Oversight Capacities Account for Our Bank's Robust Management System - Philip Lynch, Independent Board Member at Ameriabank
'Mr. President, It Is Now in Your Power to Right Decades of Denial' - US Congressman Adam Schiff Urges Joe Biden to Recognize Armenian Genocide
Armenians of Nagorno-Karabakh in Despair After Trauma of Military Defeat - France 24
Interview with Kakhaber Kiknavelidze, an Independent Member of Ameriabank Board of Directors
Only Terrorists Keep Hostages, Putting Forward Preconditions for Their Release - Edmon Marukyan
Rep Adam Schiff Says Congress Should Recognize Artsakh
UN's Guterres Issues Global Appeal to Make 2021 'Year of Healing'
NASA's Mars 2020 Perseverance Rover Landing Animations
Azerbaijan Uses Prohibited Phosphorus Chemical Munitions - Defense Army Video
Artsakh Defense Army Units Neutralizing Azerbaijani Arms Supplies
Artsakh Defense Army Units Neutralizing Azerbaijani Drone
Nagorno-Karabakh's Status Has Been At the Heart of Our Approach - Zohrab Mnatsakanyan
Artsakh Defense Army Releases Video Featuring Damaged Azerbaijani Military Equipment
Artsakh Defense Army Units Inflicting Manpower Losses on Azerbaijan
Gas Pipeline Damaged in Azerbaijani Fire Targeting Nagorno-Karabakh's Capital
President Armen Sarkissian Meets Emmanuel Macron at Élysée Palace
Artsakh Defense Army Neutralizes Azerbaijani Military Hardware
Artsakh Defense Army Units Neutralizing Azerbaijani Military Infrastructures
President Armen Sarkissian Meets with NATO Secretary-General in Brussels
Buildings and Homes Lying in Ruins in Nagorno-Karabakh's Capital After Azerbaijani Shelling
Artsakh Defense Army's Precision Fire Gives Deadly Blow to Enemy
Artsakh Defense Army Units Destroying Azerbaijani Tank
Zohrab Mnatsakanyan: Ceasefire Does not Mandate Azerbaijan to Kill Civilians and Hit Civilian Settlements
Armenians Protest Outside Turkrish Embassy in Los Angeles
Losses in Azerbaijan's Military Featured in Defense Army Footage
Artsakh Defense Army Neutralizing Adversary's Transport Column
Turkey openly backs Azerbaijan 'far more aggressively than in the past' - ABC News on Syrian mercenaries fighting in Karabakh
Iconic Armenian Church Hit in Azerbaijani Attacks in Nagorno-Karabakh City (photos)
Artsakh Defense Army Continues High-Precision Strikes
War Situation in Karabakh on European Parliament's Agenda
Call for Urgent Action: Armenian Journalist Brings Intn'l Colleagues' Attention to Situation iin Artsakh After Azerbaijani Attacks
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Armenian Armed Forces Neutralize Azerbaijani Defense Positions
ArmenianTroops Destroy Azerbaijani Armored Fighting Vehicle on Frontline
There is a solid evidence that Azerbaijan has launched a thoroughly planned attack on the NKR
EU calls for Immediate End to Hostilities over Nagorno-Karabakh
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