Perinçek v. Switzerland
E654106
case of the European Court of Human Rights
freedom of expression case
human rights case
landmark judgment
Perinçek v. Switzerland is a landmark European Court of Human Rights case concerning freedom of expression in relation to the denial of the Armenian genocide.
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
case of the European Court of Human Rights
ⓘ
freedom of expression case ⓘ human rights case ⓘ landmark judgment ⓘ |
| applicant | Doğu Perinçek NERFINISHED ⓘ |
| articleInvoked |
Article 10 of the European Convention on Human Rights
NERFINISHED
ⓘ
Article 14 of the European Convention on Human Rights NERFINISHED ⓘ Article 17 of the European Convention on Human Rights NERFINISHED ⓘ |
| chamber | Grand Chamber of the European Court of Human Rights NERFINISHED ⓘ |
| countryOfOriginOfApplicant | Turkey NERFINISHED ⓘ |
| court | European Court of Human Rights NERFINISHED ⓘ |
| fieldOfLaw |
European human rights law
ⓘ
criminal law and speech regulation ⓘ freedom of expression law ⓘ international human rights law ⓘ |
| finding |
no abuse of rights under Article 17 of the European Convention on Human Rights
ⓘ
no need to examine Article 14 separately ⓘ violation of Article 10 of the European Convention on Human Rights ⓘ |
| holding | Switzerland violated the applicant’s right to freedom of expression ⓘ |
| impact |
cited in later freedom of expression jurisprudence of the European Court of Human Rights
ⓘ
influenced debates on memory laws in Council of Europe states ⓘ |
| languageOfProceedings |
English
ⓘ
French ⓘ |
| legalIssue |
denial of the Armenian genocide
ⓘ
freedom of expression ⓘ historical debate and public interest ⓘ limits of hate speech laws ⓘ margin of appreciation ⓘ protection of the reputation and rights of others ⓘ |
| partyTypeOfApplicant | individual ⓘ |
| partyTypeOfRespondent | state ⓘ |
| principle |
distinction between Holocaust denial and other genocide denials
ⓘ
enhanced protection for political speech ⓘ importance of open debate on matters of history ⓘ narrow interpretation of restrictions on speech ⓘ |
| ratioDecidendi |
Swiss authorities did not show a pressing social need for the interference
ⓘ
criminal conviction was not necessary in a democratic society ⓘ statements did not amount to a call for hatred or intolerance ⓘ statements were on a matter of public interest ⓘ |
| region | Council of Europe NERFINISHED ⓘ |
| respondentState | Switzerland NERFINISHED ⓘ |
| subjectMatter |
compatibility of genocide denial laws with Article 10 ECHR
ⓘ
criminal conviction for publicly denying the Armenian genocide ⓘ |
| topic |
Armenian genocide
NERFINISHED
ⓘ
Holocaust denial comparison ⓘ genocide denial ⓘ historical memory laws ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.