CASE OF PERİNÇEK v. SWITZERLANDJOINT DISSENTING OPINION OF JUDGES SPIELMANN, CASADEVALL, BERRO, DE GAETANO, SICILIANOS, SILVIS AND KŪRIS

Doc ref: • ECHR ID:

Document date: October 15, 2015

Doc ref: • ECHR ID:

Document date: October 15, 2015

Cited paragraphs only

PARTLY CONCURRING AND PARTLY DISSENTING OPINION OF JUDGE NUSSBERGER

Debates on history as part of freedom of expression

Points of dissent with the majority’s approach

Distinction between the Court’s case-law on Holocaust denial and the present case

Procedural violation of Article 10 of the Convention

JOINT DISSENTING OPINION OF JUDGES SPIELMANN, CASADEVALL, BERRO, DE GAETANO, SICILIANOS, SILVIS AND KŪRIS

I. Assessment of the applicant’s statements

II. Impact of geographical and historical factors

III. Impact of the time factor

IV. Lack of consensus

V. Lack of an obligation to criminalise such statements

VI. Balancing of the rights at stake

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