No:23, 24 January 2012, Press Release Regarding the Law Proposal Adopted by the French Senate
Arabic

French

The law proposal presented by deputies of the governing Union for a Popular Movement (UMP), aiming to penalize in France any challenge to genocide allegations regarding the events of 1915 was adopted by a vote in the General Assembly of the Senate today (23 January). We strongly condemn this decision, which is problematic in every aspect and constitutes an example of irresponsibility, and declare that we will express our reaction against it in every platform.

A similar law proposal was rejected earlier by the General Assembly of the Senate on 4 May 2011 by 196 votes against 74, in line with the opinion of the Commission of Laws of the Senate which had concluded that the proposed law was in breach of the Constitution. Although the Commission of Laws of the Senate once again concluded that the latest proposal was in breach of the Constitution, the Senate adopted it. Since there has not been a change in the substance of the matter in the meantime, this development is a blatant indication of how such a sensitive issue can be exploited for domestic political purposes in France. This has been an entirely unfortunate step for French politics. Politicization of the understanding of justice and history through other people’s past and damaging freedom of expression in a tactless manner are first and foremost a loss for France.

It is obvious that the interpretation of historical events cannot be determined by the attitude of French politicians who see in themselves the right to judge other nations on the basis of one-sided views and declare a judgment on a serious allegation of crime such as genocide, thereby ignoring the principles of international law. In fact, no Parliament has such a right nor such a competence. The decision in question goes further and delivers a blow against the freedom of expression and scholarly research. At a period when we need positive examples for the dissemination of universal values throughout the world, it is disconcerting to see narrow political calculations producing such a result even in a country which plays a role in the advancement of such values and which takes pride in rule of law.

It is further unfortunate that the historical and multi-dimensional relations between the Republic of Turkey and France have been sacrificed to considerations of political agenda in spite of all our initiatives and warnings, as well as the opinions of prominent French institutions and jurists. It is quite clear where the responsibility for this lies.

The circles which consider that Turkey has overreacted on this matter or think that its reaction will only remain in words neither comprehend the essence of the matter, nor understand Turkey and the Turkish people. We find it useful to remind all parties that, in case of the completion of the finalization process for the law, we will
not hesitate to implement, as we deem appropriate, the measures that we have considered in advance. Similarly, it must be also known that we will continue to strongly use our right to defend ourselves on a legitimate basis against unfair allegations. No one should doubt our Government’s principled approach in this issue.

On the other hand, we share the calls for common sense of those who, during this process, have admitted the error being committed in French politics, appealed to return from this error and opposed to damaging relations with Turkey in such a tactless manner.

It is clear that all avenues need to be explored for the finalization of the present process in a way which will avoid this being recorded as part of France’s political, legal and moral mistakes.

Turkey is determined to take every step required against this unjust action, which disregards basic human values and public conscience.