Armenian Political Developments

Letter in the Times

3 August 2010

Turkey and the EU

Sir

Martin Packard (letter, July 28) made a good point about Turkey and Cyprus.

He could have added that the frontier with Armenia is still closed. In addition,

Turkish political parties can be disbanded in short order.

Parliamentarians and mayors are in prison in remand, while writers and

publishers face heavy penalties for insulting Turkishness. Young people

attending demonstrations receive prison sentences of six or more years under

anti-terror laws.

These are the real reasons why Turkey should not join the EU. If the Prime

Minister allowed the Foreign Secretary to conduct our foreign policy, the

above facts may be better understood. The EU should be a coming together

of law-based states rather than a cosy club.

Lord Hylton

House of Lords

[no such arguments featured in last Tuesday's BBC Radio 3 program on

Turkey and the EU. It analysed what Europe had to do to accommodate

Turkey, including its handling of Turks resident within the EU. There was

nothing on the requirements on Turkey to align itself with European values,

to deal with its own minorities, human and democratic rights that are the

fundamental basis of European states, nor to face up to the dark episodes

in its history].

Armenians Seek Billions of Dollars
In Lawsuit Against Turkey
By Harut Sassounian
Publisher, The California Courier

5 August 2010

After struggling for decades to get the Armenian Genocide recognized,
and having taken legal action against western banks and insurance
companies, Armenian-Americans filed their first lawsuit against the
Republic of Turkey last week,seeking compensation for confiscated
properties and belongings, and loss of income as a consequence of the
Genocide of 1915-23.

The lawsuit also targets the Central Bank of Turkey and the Ziraat Bank
as financial instruments of the Turkish government. These banks as well
as government-owned Turkish Airlines and Tourism Office have branches
in the United States, making them subject to American jurisdiction for
the purposes of this lawsuit. Should this case succeed, the plaintiffs'
attorneys could demand the seizure of Turkish governmental
assets located in the United States.

The multi-billion dollar class action lawsuit was filed in U.S. Federal
Court by attorneys Berj Boyajian, Mark Geragos, Ara Jabagchourian, and
Brian Kabateck on behalf of Garbis Davoyan of Los Angeles, Hrayr
Turabian of New York City, and many Armenians whose ancestors had
properties in Turkey.The grandfathers of Davoyan and Turabian owned
land near Aintab and Adana.

The complaint charges the Republic of Turkey and its predecessor
of confiscating, selling and deriving income from real estate and
personal property -- businesses, buildings, lands, bank deposits, and
priceless religious artifacts now housed in Turkish museums -- owned by
hundreds of thousands of Armenians who were deported and exterminated
during the Genocide.Specifically, the lawsuit seeks to recover moneys
wrongfully received and deposited in the Turkish Treasury, government
agencies, and other organizations affiliated with the State of Turkey.
During and after World War I, Turkey adopted several laws regulating
the administration of properties allegedly "abandoned"
by Armenians. The Turkish government collected rents and sale proceeds
from these properties, and deposited the receipts in its Treasury in
the names of their original owners, to be returned to them
subsequently. Instead, the government withheld these properties and the
income derived from them.

The plaintiffs accuse the Republic of Turkey of directing and
participating"in a deliberate plan of forced deportation, confiscation
and extermination in furtherance of the commission of war crimes,
crimes against humanity, crimes against peace, torture, rape,
starvation, physical and mental abuse, summary execution and genocide."
The news of the lawsuit was splashed across the front pages of most
Turkish newspapers last week, causing great agitation in the
country. Independently of the lawsuit's outcome, Turkish officials are
certainly aware that it would generate worldwide publicity on Armenian
demands from Turkey emanating from the Genocide. Given the traditional
Turkish over-reaction to any and all Armenian issues, it would not be
surprising if Turkey's leaders would become so irate as to withdraw
their signature from the already frozen Armenia-Turkey Protocols. Also,
Ankara could abandon its failed efforts to woo some elements of the
Armenian Diaspora.

Imagine how furious would Turkish officials become when Armenians
demand the return of Turkey's Presidential Palace in Ankara, located
on land confiscated from the Kassabian family. Furthermore, the
Incirlik Air Base, a joint American-Turkish military facility near
Adana, is built on the land of a former Armenian village. Armenians
could sue both the Turkish and U.S. governments for deriving benefits
from the expropriated properties of Armenian peasants.

Last week's lawsuit is a long overdue step forward in the pursuit of
Armenian demands from Turkey and obtaining justice for the victims of
the Armenian Genocide. Armenians must now concentrate their efforts on
demanding fair compensation or return of all they lost during
the Genocide. Similar lawsuits should be filed with the European Court
of Human Rights, since Turkey is a member of the European Council and is
obligated to comply with the court's verdict.

It would be highly desirable to have the Armenian Bar Association or a
similar entity coordinate such legal action and provide the necessary
counsel and resources for future lawsuits. It is important to
coordinate such actions with the government of Armenia,regardless of
whether it formally joins in the lawsuit. The unified
Diaspora structure, proposed in an earlier column, could well serve as
a coordinating body for lawsuits dealing with pan-Armenian issues.
Such lawsuits must be filed with utmost care, preparation and
professionalism, as they impact the entire Armenian nation. Should any
of these lawsuits not move forward due to procedural reasons, the
Turkish government would quickly claim victory by misrepresenting the
court's decision. Needless to say, judges handling such politically
sensitive cases involving foreign governments are expected to
come under intense pressure from both Ankara and Washington!

After seeking genocide recognition for almost a century, Armenians must
now devote their time and energy to pursue all legal avenues --
U.S. Federal Courts, courts in various countries including Turkey, the
European Court of Human Rights, and the World Court in order to recoup
their massive losses and regain their historic rights.
Justice delayed is justice denied!