The law criminalizing the denial of the Armenian genocide in the Ottoman Empire, adopted by the Lower House of the French parliament recently, does not correspond to the constitution of France.
Rahim Humbatov, head of the Azerbaijani diaspora of the Autonomous Republic of Crimea (Ukraine), has stated that the law criminalizing "genocide" may be repealed, as it was passed in violation of the Constitution of France, even if is voted in the Senate and signed by the President of France.
“As they say, Satan is in the details. So we started examining closely the debate on the bill in the Lower House of the French parliament. It was found out that, firstly, there were enough opponents of this law adoption. Secondly, the discussion did not avoid a scandal: the supporters of draft law adoption interrupted the opponents by various cries, tried to "shut their mouths". Third, some speakers asked quite a reasonable question: what about the genocide committed by France itself - in Rwanda, Cambodia, Algeria, etc.? Fourth, and most importantly, the MPs said that adoption of the law is an unconstitutional step, as the France’s chief law does not allow the French parliament to pass the law on any genocide," Humbatov said.
In particular, talking about that, Michelle Difenbaher reminded the words of Robert Badente, who earlier said: "The law is unconstitutional because, obviously, Article 34 of the Constitution does not allow the parliament to speak in this way on historical events". He also added that the parliament had no competence to put such a law to the vote. At the same time the holocaust has been recognized by the international court, and in the case of the Armenians there are not such court decisions.
"Pay attention to the fact that during the bill debate the MPs tangled in the figures: one was talking about 1.2 million, the other about a half million victims of "genocide". There were also many references about the deception of the Armenians. Francois Pupponi said that "we are to vote on the law, hoping that the parliamentary process will proceed to completion, and we will not deceive again the Armenian community, the French of Armenian origin. Too often we betrayed and deceived them, and too often we disappoint them”. This brings a relevant anecdote to mind, when junior Smith came home and said to his father: “Dad, do you remember the case of Jackson, which you kept for almost twenty years? Today I won the case. The father puts his son in a chair, he sits in front of him and said: Listen, son, thanks to this case, I bought a house, raised you, gave education to you, and bought a car for you and myself. What have you done?” Presumably, not one generation of the French parliamentarians have purchased homes, raised children, bought cars to "recognize the genocide", and are doing now the same on criminalization of "genocide denial", and then probably will come up with something else for taking money from Armenians,” Humbatov said.
Jacques Miard raised the matter of the European Union Framework Agreement from 2008. According to Miard, this agreement does not condemn as per se denial of historical fact - the conviction should occur when the behavior is performed in such a way as to encourage violence and racial hatred. The bill opponents say that Article 34 of the Constitution of France establishes precise limits and restrictions that falls within the law. Article 34 does not say in no way that the law can recognize the genocide.
In Humbatov’s view, Turkey has reacted to this event too inadequate.
"It is not befitting a great country to show such a nervous reaction to those "little things" of life. Instead, it could take adequate preventive measures designed without "noise and dust". For example, a group of French citizens of Turkish origin or association of the Turkish diaspora could sue the initiators of the bill because it violates basic human rights that are protected by both the Universal Declaration of Human Rights and the European Convention on Human Rights & Fundamental Freedoms," Humbatov thinks.
He says that besides one can initiate withdrawal of those MPs, who were ardent supporters or the initiators of the adoption of this law.
"We can assume that only the very beginning of the procedure would deter many supporters of this idea. It is also possible to find other levers of influence," Humbatov said.
In his opinion, a competent lawyer can bury the results of many years and million dollar cost struggle of the Armenian diaspora. Moreover, one can cancel not only the law criminalizing the denial, but also the current law on the recognition of "genocide" in France.
"It is regrettable that the Armenians allow to use a tragic chapter in the history of the two nations from the perspective that promotes an exacerbated the already tense relations not promoting to creation of an atmosphere of trust, the future reconciliation. Obviously, in this case the goals and objectives of the Armenian diaspora, which is trying to bring the situation with "genocide recognition" to the material recovery from the Turks, and the Armenian people trying to survive under conditions of their country’s hostile attitude towards its neighbors providing a tangible impact on the welfare of Armenian citizens, disagree. Is it not time to answer to not a rhetorical question for the Armenians: Will it be better to live for the Armenian people after the "recognition of the genocide" and the criminalization of "denial"? Is it not better to use the potential of the diaspora to create positive change in relations between countries of the region?" Humbatov resumes.
The France’s Parliament Lower House passed a law saying of a sentence of one year in prison and a fine of 45,000 euro for denying the genocide of Armenians in the Ottoman Empire during the First World War.
Abc.Az
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