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- Title
PERİNÇEK (İSVİÇRE'YE KARŞI) DAVASI (AİHM, 17 ARALIK 2013).
- Authors
PAZARCI, Hüseyin
- Abstract
This article focuses on the legal basis of the ECtHR Perinçek v. Switzerland case and especially on the likelihood of the case being referred to the Grand Chamber of the Court. It first elaborates on the details of the Perinçek v. Switzerland case, and gives explanations on the Swiss laws used to prosecute Perinçek, and the European Convention on Human Rights through which the ECtHR come to a judgment. The article then elaborates on the process that can lead to a case being referred the Grand Chamber. It indicates that the panel of judges that decides on referrals convenes only a few times a year, meaning that the referral process will take time. It indicates that the referral average in the Court is only around 5%, and that referrals are usually made when a case is deemed to be exceptional. In terms of the Perinçek v. Switzerland case, the article points out that the case being referred to the Grand Chamber depends on whether the panel of five judges deems it to be exceptional in the sense of it being a high profile case or a case with a serious issue of general importance. As such, the article advises the Turkish government that intervened as a third party to thoroughly prepare its legal arguments and consider all possibilities in preparation for a possible reexamination of the case.
- Publication
Ermeni Arastirmalari, 2014, Issue 48, p27
- ISSN
1303-068X
- Publication type
Article