Philippe Raffi Kalfayan says a “counter-offensive strategy” needed against anti-Armenian campaigns by Turkey and Azerbaijan

“I personally consider specific  laws that criminalize the denial of Armenian Genocide are useless, they are representing a very defensive strategy on behalf of the Armenians. This is like we are always trying to [justify] we have been subjected to Genocide… But why? We don’t have to prove anything”, -- Philippe Raffi Kalfayan, Legal Counsel and Associate Researcher in International Public Law at Paris 2 University, told Panorama.am in an exclusive interview.

“[Armenian Genocide] is a historical and political fact, which [has been] recognized by States and Public Opinions at large, and by every serious scientist… We are losing time, energy and money in trying to get this [done], while laws [criminalizing genocide denial] are not clearly appreciated by the public opinion in democratic countries, because those are tired of more and more limitations to their freedom of speech. These actions are counter-productive not only for the Armenian Cause, but also for the public opinion in the countries where we live”, - Kalfayan told Panorama.am on the eve of third anniversary of the initial judgment delivered by the European Court of Human Rights on December 17, 2013 in the case of Perinçek v. Switzerland.

Asked about the legacy of this judgment and future strategies of tackling the campaign of anti-Armenian hate speech perpetuated by Turkey and Azerbaijan internationally, Kalfayan said that a fresh start on this effort by Armenia is needed.

“We need to step over this, and start a counter-offensive strategy, and start the process of reparations claims”, - he said.

“Every single Armenian, every single Armenian institution, that have their property deeds, they should go to Turkey and file cases in the domestic courts. There are some openings in the judicial system in Turkey”, - Kalfayan argued, suggesting that the other aspect of this strategy might include the submission of collective claims, “which will relate to the reparations of harms committed against the Armenian people as a whole, be they material or moral”.

“This is a more difficult issue, requiring legal and strategic approach”, - Kalfayan concluded.

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On December 17, 2013 the lower chamber of the European Court of Human Rights delivered a judgment on Perinçek v. Switzerland and pronounced a number of allegations with regards to Swiss Courts’ sanctions against Dogu Perincek, a former chairman of left-wing ultranationalist Patriotic Party in Turkey, who made racist and xenophobic statements against Armenians while in Switzerland in 2007.

The Swiss court ordered this controversial Turkish politician to pay a fine after finding him guilty of racial discrimination for his remarks alleging that “Armenian genocide is a great imperialist lie”, which he repeated on several occasions. The case was lodged with the ECtHR following a Swiss court's 2007 conviction.

Next year after his radical appearances in Switzerland, Perincek was detained and then arrested in Turkey for alleged coup attempt and spent time in prison since March 2008 (in August 2013 he was again sentenced to aggravated life imprisonment) and till March 2014, when he was released with other members of Ergenekon network.