Armenian Genocide issue not subject to ECHR jurisdiction – prosecutor general
Armenia has all the grounds to insist that the European Court of Human Rights (ECHR) is not the right instance to confirm or deny the fact of the 1915 Genocide, says the prosecutor general.
Gevorg Kostanyan addressed the topic in a speech at the National Assembly as he was asked by opposition MP Tevan Poghosyan (Heritage party) to comment on the recent developments in the Perincek vs Switzerland case (in which Armenia is a third litigant).
The prosecutor general emphasized two important aspects of the proceeding. “The Armenian Genocide issue had never before been a subject of debate on any international arena, so it is the first ever case. What’s being disputed here is the fact that the Armenian Genocide - despite its public recognition worldwide – is not comparable with the [Jewish] Holocaust, given that the Holocaust is legal fact recognized at the Nuremberg trial,” he explained.
Commenting on the Armenian Government’s reasons to skip the first hearing at the Strasbourg court, Kostanyan said that they did not then have the necessary legal formulations stemming from the chamber’s decision. “Accordingly, we saw that an intervention has no alternative,” he said, adding that Armenia’s task was to prevent the passage of a ruling that would deny the fact of the Genocide.
Kostanyan said the circumstances forced them them to use the entire existing potential, involving also internationally acclaimed lawyers in the preceding.
“We focused on two circumstances: that the Holocaust is a fact by virtue of having been confirmed by the Nuremberg court,” he said, adding that Armenia’s efforts to present facts falling within the definition of genocide (as defined by the Convention on the Prevention and Punishment the Crime of Genocide) were the second important objective.
Kostanyan said he doesn’t find the Genocide issue a matter falling within the ECHR jurisdiction.
As an important step towards the acknowledgement and condemnation of the universal crime against humanity, he attached a great importance to the Holy Mass in Vatican, held days before the centenary of the tragic events (in which Pope Francis declared the WWI-era mass killings of the Armenians in the Ottoman Empire as the 20th century’s first crime of genocide).
As for the ECHR’s final ruling, Kostanyan said he expects it to be issued in 5 or 6 months’ time.
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