Navigating the Hierarchy of Memories: The ECtHR Judgment in Perincek v Switzerland

This case note analyses the judgment of the European Court of Human Rights (ECtHR) in Perinçek v Switzerland, a case concerning the compatibility of criminalising the Armenian genocide denial with the right to free speech enshrined in Article 10 of the ECHR. Perinçek was the first case in which the ECtHR was called to adjudicate on the expanded form of denial laws, which prohibit denial of international crimes beyond the Holocaust. Facing this challenge, the ECtHR chose to divert from its well-established case-law on Holocaust denial. This case note argues that by affirming different legal treatment of Holocaust denial and denial of other genocides, the Strasbourg Court has created a hierarchy of memories which is highly problematic. The note starts with a brief introduction outlining the tension between the freedom of speech and criminalisation of the denial in its original and expanded form. The following section explores the reasoning of the Chamber and the Grand Chamber in Perinçek. The final section critically examines the key arguments for distinct legal treatment of Holocaust denial and their application in the judgment.