Tokens: 30
.
In
assessing
the
issue
of
the
reasonable
foreseeability
of
the
applicant
’s
conviction
,
we
are
not
persuaded
that
the
applicant
could
not
have
known
that
he
risked
being
charged
with
and
found
guilty
of
the
offence
of
genocide
.
In
Jorgic
v.
Germany
(
no
.
74613/01
,
ECHR
2007
-
III
)
,
the
Court
was
confronted
with
two
possible
interpretations
of
the
term
“
to
destroy
”
in
the
definition
of
the
crime
of
genocide
and
it
examined
the
compatibility
of
the
applicant
’s
conviction
,
on
the
basis
of
the
wider
interpretation
of
that
term
,
with
Article
7
of
the
Convention
.
It
noted
that
while
various
authorities
(
international
organisations
,
courts
,
scholars
)
had
favoured
both
the
wider
and
the
narrower
interpretations
of
the
crime
of
genocide
at
the
time
of
the
impugned
acts
,
Mr
Jorgic
could
reasonably
have
foreseen
the
adoption
in
his
case
of
the
wider
interpretation
and
,
therefore
,
that
he
risked
being
charged
with
and
convicted
of
genocide
.
Had
the
applicant
in
this
case
sought
independent
legal
advice
in
1953
and
stated
that
he
was
an
operational
agent
of
the
MGB
whose
intentional
goal
was
the
extermination
of
members
of
the
nationalist
underground
(
“
the
partisans
”
–
see
paragraph
18
of
the
present
judgment
)
,
the
latter
being
the
most
resistant
part
of
the
Lithuanian
nation
as
it
attempted
to
defy
its
destruction
by
Soviet
forces
,
it
is
likely
that
he
would
have
been
advised
that
what
he
was
doing
bore
the
essential
characteristics
of
the
crime
of
genocide
as
it
stood
under
international
law
at
the
time
.
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