Perinçek V. Switzerland
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Perinçek V. Switzerland
''Perinçek v. Switzerland'' is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Switzerland, Swiss court for publicly Armenian genocide denial, denying the Armenian genocide. A preliminary hearing on the appeal by Switzerland was held on 28 January 2015. The Grand Chamber ruled in favour of Perinçek on 15 October 2015, who has argued his right to freedom of expression. The judgement was praised by some legal scholars for upholding freedom of speech. On the other hand, it was widely criticized for overlooking anti-Armenianism and making a double standard between the Holocaust and other genocides. Turkish nationalists praised the judgement and misrepresented it as a vindication of their claims that the Armenian genocide never happened. Background Doğu Perinçek is a Turkish political activist and member of the Talat Pasha Committ ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Article 7 Of The European Convention On Human Rights
Article 7 of the European Convention on Human Rights sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *Kokkinakis v. Greece (no violation found, 8:1) * Vassili Kononov (no violation found, 14:3) *Nikola Jorgic (no violation found, unanimously) * Nikolay Tess (2008 - decision on admissibility postponed) *Mykolas Burokevičius (no violation found, unanimously) *Handyside v United Kingdom ''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing ... (no violation found) *Maktouf and Damjanović v. Bosnia and Herzegovina (2013; violation found, unanimously) Other judgements involving Article 7 * Ines Del Rio: Case of the Parot doctrine. Literature References {{Articles of the European Convention on Human Rights 7 ...
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Genocide Denial
Genocide denial is the attempt to deny or minimize the scale and severity of an instance of genocide. Denial is an integral part of genocide and includes secret planning of genocide, propaganda while the genocide is going on, and destruction of evidence of mass killings. According to genocide researcher Gregory Stanton, denial "is among the surest indicators of further genocidal massacres". Some scholars define denial as the final stage of a genocidal process. Richard G. Hovannisian states, "Complete annihilation of a people requires the banishment of recollection and suffocation of remembrance. Falsification, deception and half-truths reduce what was, to what might have been or perhaps what was not at all." Examples include Holocaust denial, Armenian genocide denial, and Bosnian genocide denial. The distinction between respectable academic historians and those of illegitimate historical negationists, including genocide deniers, rests on the techniques used to write such hist ...
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Historical Negationism
Historical negationism, also called denialism, is falsification or distortion of the historical record. It should not be conflated with ''historical revisionism'', a broader term that extends to newly evidenced, fairly reasoned academic reinterpretations of history."The two leading critical exposés of Holocaust denial in the United States were written by historians Deborah Lipstadt (1993) and Michael Shermer and Alex Grobman (2000). These scholars make a distinction between historical revisionism and denial. Revisionism, in their view, entails a refinement of existing knowledge about an historical event, not a denial of the event itself, that comes through the examination of new empirical evidence or a re-examination or reinterpretation of existing evidence. Legitimate historical revisionism acknowledges a 'certain body of irrefutable evidence' or a 'convergence of evidence' that suggest that an event – like the black plague, American slavery, or the Holocaust – did in fact ...
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Ghent University
Ghent University ( nl, Universiteit Gent, abbreviated as UGent) is a public research university located in Ghent, Belgium. Established before the state of Belgium itself, the university was founded by the Dutch King William I in 1817, when the region was incorporated into the United Kingdom of the Netherlands after the fall of First French Empire. In that same year, he founded two other universities for the southern provinces as well, alongside Ghent University: University of Liège and State University of Leuven. After the Belgian revolution of 1830, the newly formed Belgian state began to administer Ghent University. In 1930, UGent became the first Dutch-speaking university in Belgium. Previously, French (and, even earlier, Latin) had been the standard academic language in what was ''Université de Gand''. In 1991, it was granted major autonomy and changed its name accordingly from ''State University of Ghent'' ( nl, Rijksuniversiteit Gent, abbreviated as ''RUG'') to its c ...
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Double Standard
A double standard is the application of different sets of principles for situations that are, in principle, the same. It is often used to describe treatment whereby one group is given more latitude than another. A double standard arises when two or more people, groups, organizations, circumstances, or events are treated differently even though they should be treated the same way. A double standard "implies that two things which are the same are measured by different standards". Applying different principles to similar situations may or may not indicate a double standard. To distinguish between the application of a double standard and a valid application of different standards toward circumstances that only ''appear'' to be the same, several factors must be examined. One is the sameness of those circumstances – what are the parallels between those circumstances, and in what ways do they differ? Another is the philosophy or belief system informing which principles should be appl ...
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Dean Spielmann
Dean Spielmann (born 26 October 1962) is a Luxembourgish lawyer and a former president of the European Court of Human Rights. He has been a judge of the European Court of Human Rights in respect of Luxembourg since 2004, president of the Fifth Section of the Court since 2011 and was elected vice-president and then, shortly afterwards, president in 2012. He is also a member of the Grand Ducal Institute of Luxembourg and has held academic posts at the universities of Luxembourg, Nancy and Louvain. Early life Spielmann was born in Luxembourg and studied law at the Catholic University of Louvain in Belgium (bachelor's degree, 1988) and Fitzwilliam College, Cambridge in the United Kingdom (Master of Laws, 1990). Legal career Spielmann was admitted to the Luxembourg Bar in 1989, practising there until 2004. From 1991 to 1997, he was assistant lecturer in criminal law at the Catholic University of Louvain. He also taught at the University of Luxembourg from 1996 to 2004 and the Universi ...
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The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was founded by Arthur B. Sleigh in 1855 as ''The Daily Telegraph & Courier''. Considered a newspaper of record over ''The Times'' in the UK in the years up to 1997, ''The Telegraph'' generally has a reputation for high-quality journalism, and has been described as being "one of the world's great titles". The paper's motto, "Was, is, and will be", appears in the editorial pages and has featured in every edition of the newspaper since 19 April 1858. The paper had a circulation of 363,183 in December 2018, descending further until it withdrew from newspaper circulation audits in 2019, having declined almost 80%, from 1.4 million in 1980.United Newspapers PLC and Fleet Holdings PLC', Monopolies and Mergers Commission (1985), pp. 5–16. Its si ...
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Amal Clooney
Amal Clooney (; ar, أمل علم الدين; born 3 February 1978) is a Lebanese and British barrister. Her clients include Filipino and American journalist Maria Ressa; former President of the Maldives Mohamed Nasheed; Julian Assange, the founder of WikiLeaks; former Prime Minister of Ukraine Yulia Tymoshenko; Egyptian-born Canadian journalist Mohamed Fahmy; and Iraqi activist Nadia Murad. She co-founded the Clooney Foundation for Justice with her husband, George Clooney. Early life and family Amal Alamuddin Clooney was born in Beirut, Lebanon. Her first name is from أمل, ' in Arabic, meaning "hope". Her family left Lebanon when she was two years old, during the Lebanese Civil War, and settled in Gerrards Cross, Buckinghamshire. Her father Ramzi Alamuddin, a Lebanese Druze from the Alam al-Din dynasty village of Baakline in the Chouf District, received his MBA degree at the American University of Beirut. He returned to Lebanon in 1991 after the end of the civil wa ...
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Geoffrey Robertson
Geoffrey Ronald Robertson (born 30 September 1946) is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship." 'Struggle for justice is theme of my life': Geoffrey Robertson QC takes Australia Day honour"
by Ellen Whinnett, '''', 26 January 2018
Robertson is a founder and joint head of