At the protest, held on July 1, 2014, 4,000 people opposed the "Armenian Genocide Monument" at the Armenian church in Almelo.
The convicted man, Ilham Askin, is the chairman of the Turkish-Azerbaijani Cultural Association in the Netherlands, has been sentenced to 120 hours community service, one month suspended jail time and two years of probation.
Inciting violence against Armenians
Askin is guilty of inciting violence against Armenians based on their race. He held a speech at the protest and chanted the words "Karabakh will be the grave of the Armenians." His text contained a clear reference to death. According to the court, the meaning of the expression is unmistakably violent, and therefore a serious violation of the freedom of expression, one of the fundamental rights of our democratic society.
These expressions were for the Armenian people especially painful because of the war in the Nagorno-Karabakh area in Azerbaijan. It was especially frightening because Askin made the audience of thousands repeat part of his words multiple times.
Person of influence
There was no peaceful call for the Armenians to leave Karabakh, as the defense argued during the trial. This is because of what the man factually said, which contained no reference to a geographical movement of the Armenians. Furthermore, the intensity and the tone of his words, as well as his incitement to make the audience repeat his words multiple times, show that it was not a peaceful call.
Askin is the chairman of the Turkish-Azerbaijani Cultural Association in the Netherlands and was the contact person and co-organizer of the protest. Because of this, he enjoys a certain type of authority, which is why his words should be expected to be taken seriously.
The court also considered the fact that his expressions reached a large audience, especially because the protest, including his speech, was shown on television.
Higher penalty
The court is ordering a more severe penalty than was initially demanded by the prosecution. A lower penalty was considered inappropriate in light of the severity and circumstances of the event. Askin has made clear that he has no regret and does not understand what he has done wrong. Because the court wants to keep him from reoffending, it has ordered a community service of 120 hours, with a month of suspended jail time and two years of probation.