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NO:128 -;8 September 2007, Press Release;Regarding the Conclusion;of ;the Court Concerning the Turkish Consul General in Paris (Unofficial Translation)

 

On 9 July 2004, the “Comité de Défence de la Cause Arménienne” (CDCA) filed a law suit at the Court of First Instance in Paris for the sanctioning of the Turkish Consul General in person and prevention of internet service provision by France-Telecom, as well as its penalization, on the grounds that the so-called Armenian genocide has been denied and the basic human rights of Armenian community have been violated by dissemination of the pamphlet of the Center for Strategic Research entitled “10 questions, 10 answers” on the website of the Consulate General. In its verdict dated 15 November 2004, the Court refused the demands of CDCA and decided that the court charges be paid by CDCA. The Court also reached a conclusion that no crime has been committed by the internet service provider.

The Court of First Instance, in its verdict based on national and international law and norms, has recognized that in his capacity as a Consul General, the Turkish Consul General in Paris, primarily by his judicial and executive immunities, has the right to freely express the views of the Republic of Turkey as a sovereign state. The Court’s verdict was also based on the grounds that the negation of the “Armenian genocide” has not been prohibited by law.

Following the appeal made by the CDCA to the Court of Appeals, the verdict of the Court of First Instance was endorsed in extenso by the Court of Appeals which was announced on 8 November 2006. The Court of First Instance has stated in its decision that the law endorsed by the French Parliament, dated 29 January 2001, mean nothing beyond the expression of an official position regarding the Armenian issue, and the said law did not introduce any obligation for individuals, especially for a foreign state.

After this verdict, the CDCA applied to the Court of Cassation, which has the status of final court, however it failed to file its opinion to the Court within the established time-limit. Thus, the Court of Cassation has decided for the dismissal of action on the CDCA application.

Accordingly, the verdicts of the Court of First Instance and the Court of Appeals in our favor on the legal case filed by the “Comité de Défence de la Cause Arménienne” have thus been finalized.