Dismissal of the nullity appeal against the refusal of the status of private prosecutor in proceedings for denial of a genocide or other crimes against humanity

Facts

X. and [Y.], both of Armenian origin, filed a private criminal complaint against A. and others, accusing them of denying the Armenian genocide in violation of Art. 261bis para. 4 second sentence CrimPC. The court of first instance acquitted the accused, and X. and [Y.] appealed. The Cantonal Court refused to hear the appeal, on the grounds that the complainants did not have the status of victim within the meaning of the Victim Support Act (VSA). X. and [Y.] then filed a nullity appeal with the DFC.

Considerations

The DFC dismisses the nullity appeal. It considers that the criminal denial of a genocide or other crimes against humanity constitutes an offence against public peace, and that individual rights are only indirectly protected by Art. 261bis para. 4 second sentence CrimPC. Therefore, the complainants cannot be considered as victims…