ASBAREZ Online [05-17-2005]

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05/17/2005
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WEBSITE AT <;HTTP:// 1) ARF Lebanon Boycotts Beirut Elections 2) Oskanian Rejects Azeri Idea for Karabagh 3) Amnesty International Concerned about Turkish Penal Code Draft 4) Armenian, Georgian Prosecutor Generals Discuss Cooperation 5) Erdogan Complains to Council of Europe about Genocide 'Lobbying' 6) Minsk Group Content with Aliyev, Kocharian Meeting 7) Aliyev Calls for International Attention to Karabagh Conflict 8) Abkhazia Willing to House Russian Bases 1) ARF Lebanon Boycotts Beirut Elections BEIRUT--Lebanon's Armenian Revolutionary Federation Central Committee (ARF-CC) on Monday, effectively called for a boycott of the Beirut elections due to begin May 29. The ARF, which enjoys widespread support among Beirut's significant Armenian minority, held a special session to review recent, sudden developments, including the exclusion of ARF candidates from Saad Hariri's electoral list for Beirut's three constituencies in the Lebanese general election. Hariri is the son of the slain former premier Rafik Hariri. At a press conference organized by the party, ARF CC member Hovhannes Taslakian said that the list ignores those forces that hold actual political weight in Beirut. Hariri has also disregarded calls by various sectors of Lebanon's community for the adoption of a new and more equitable electoral law. In order to remedy the issue of unfair representation and to promote actual participation in the electoral process, the ARF said in its statement it would spare no efforts to seek a lawful and political resolution to reforming that law. The statement also says the party will oppose biased policy that rejects certain sides and opinions that are, in fact, based on democratic principals. As a result, the ARF has decided to boycott the Beirut elections, and called on supporters to do the same. The party hopes to send a strong message that it rejects those candidates put forth by Hariri because they represent the smallest sector of Lebanon's Armenian community--and not the majority will. Taslakian told reporters the Hariri does not want to take into consideration individuals based on their faction or party affiliation, which suggests that he does not want to deal with political parties, but individuals. 2) Oskanian Rejects Azeri Idea for Karabagh WARSAW (Armenpress)--Foreign Minister Vartan Oskanian rejected on Monday Azeri president Ilham Aliyev's proposal to grant Karabagh "the highest status of autonomy." Talking to correspondents in Warsaw on the sideline of a Council of Europe summit, Oskanian said autonomy is "a stage which is over" for the Armenians of Karabagh. "They had this autonomy as part of Azerbaijan under the Soviet Union and were discriminated against by the Azerbaijani authorities," Oskanian said. He also criticized Aliyev for saying that Armenia has occupied Azerbaijan's territory. "Armenia had to intervene after Azerbaijan waged a war against the peaceful population of Karabagh in their drive towards self-determination," he said. "We are conducting talks with Azerbaijan today only because the authorities of this country strongly reject any contact with the Nagorno Karabagh authorities." He described as "positive" the meeting between the Armenian and Azeri presidents, which took place in Warsaw on May 15. Oskanian expressed hope that bilateral efforts aimed at finding a long-term solution to the Karabagh conflict would continue. 3) Amnesty International Concerned about Turkish Penal Code Draft In an action alert issued on May 13, Amnesty International expressed its deep concerns about some of the worrying provisions of the draft law in the Turkish Penal Code, much of which may be used to unnecessarily restrict fundamental human rights and which may lead to people being imprisoned for the peaceful exercise of their right to freedom of expression. One particular concern of the Penal Code has been the domain of Art 305 that would, in essence, criminalize any statements regarding the Turkish occupation of northern Cyprus or the Armenian genocide as being against the national interest of the Republic of Turkey. Amnesty International said in its statement that a new version of the Turkish Penal Code (TPC)--currently before the Turkish parliament for approval in June 2005--may be used to unnecessarily restrict the right to freedom of expression and could result in people being jailed as prisoners of conscience. It also leaves open the possibility of discrimination on grounds of sexual orientation within the law, and retains obstacles to prosecutions for torture. The new TPC has been presented as a reforming measure designed to improve human rights protection in Turkey, as it attempts to bring its laws into line with the requirements for membership of the European Union, the statement said. While the new TPC does propose many positive changes--for example, it increases the punishment for those convicted of torture--it contains numerous restrictions on fundamental rights. Provisions covering freedom of expression, which have been used in the past to prosecute people or imprison them as prisoners of conscience, remain. Article 159 of the old TPC, which criminalized acts that "insult or belittle" various state institutions, is one that Amnesty International has repeatedly called on the authorities to abolish. It reappears as Article 301 of the new TPC in the section entitled "Crimes against symbols of the state's sovereignty and the honor of its organs" (Articles 299-301). Amnesty International is concerned that this section could be used to criminalize legitimate expression of dissent and opinion. New articles have been introduced which appear to introduce restrictions to fundamental rights. Article 305 of the new TPC criminalizes "acts against the fundamental national interest." The explanation attached to the draft, when the law was first presented to Parliament, provided as examples of such crimes, "making propaganda for the withdrawal of Turkish soldiers from Cyprus or for the acceptance of a settlement in this issue detrimental to Turkey...or, contrary to historical truths, that the Armenians suffered a genocide after the First World War." Amnesty International considers that the imposition of a criminal penalty for any such statements--unless intended or likely to incite violence--would be a clear breach of international standards safeguarding freedom of expression. The law was supposed to enter into force on April 1, 2005; however, in the face of forceful objections by Turkish journalists that the TPC could be used to greatly restrict their activities and even imprison them, the government agreed to delay this until 1 June 2005 in order to make amendments. On May 3, the ruling Justice and Development [AK] party submitted its proposed changes to the draft TPC. While some small changes have been made--mainly the removal of provisions that allowed for increased sentences when breaches of the code took place in the media--most of the restrictive articles remain and have not been changed. In at least one instance, the ruling party is apparently trying to introduce even greater restrictions: for example, the proposal suggests that Article 305 should be altered to explicitly allow for the prosecution of "foreigners" as well as Turkish citizens. Article 122 of the draft, which forbids discrimination on the basis of "language, race, color, gender, political thought, philosophical belief, religion, denomination and other reasons" originally listed "sexual orientation," but this was removed from the draft at the last moment. Amnesty International is disturbed that discrimination on the basis of sexuality is not criminalized in the new law. In addition, Amnesty International said that the statute of limitations still applies in trials of people accused of torture. While the new law has extended this time limit from seven-and-a-half years to 10 years, it is common for trials of alleged torturers to be deliberately protracted and ultimately abandoned because of this provision, thereby contributing to a climate of impunity. Given the frequency with which this happens, Amnesty International considers that there should be no statute of limitations for the crime of torture. 4) Armenian, Georgian Prosecutor Generals Discuss Cooperation --Desecration of Armenian churches in Georgia to be examined YEREVAN (Yerkir)--Georgia's prosecutor general Zurab Adeiashvili said the facts about the desecration of Armenian churches and sanctuaries in Georgia will be adequately examined. During a news conference held jointly with Armenian Prosecutor General Aghvan Hovsepian, Adeiashvili announced that one such criminal case has already been launched. Hovsepian also said that Armenian law-enforcement officers face serious problems when investigating cases stolen cars--usually brought to Armenia from Georgia. He said investigations have revealed that this "business" is run mainly by residents of Georgia's breakaway region of South Ossetia. Praising his Georgian counterparts for their assistance in tracking down and apprehending Armenian criminals who flee to Georgia, Hovsepian said Armenian investigators dispatched to Georgia are given enormous support by their Georgian colleagues. Adeiashvili and his delegation arrived in Yerevan on May 16. 5) Erdogan Complains to Council of Europe about Genocide 'Lobbying' (dpa, Reuters)--Turkish Prime Minister Recep Tayyip Erdogan on Tuesday criticized parliamentary resolutions by European states honoring up to 1.5 million Armenians who died or were killed in massacres and deportations by Ottoman Turks during 1915-23. Speaking at the Council of Europe Summit in Warsaw, Erdogan termed the killings the "so-called Armenian genocide" and said current discussions amounted to "lobbying" which Turkey would not support. "We say that we do not appreciate any lobbying efforts that do not find their basis in documents," he said, speaking through an interpreter. "By taking action in other parliaments, this will not have positive effects on the issue." The Turkish leader also declared his country was prepared to open its archives and called on Armenia and other states to do the same to review the events of 90 years ago. "We opened our archives, one million classified documents. We ask Armenia to open its archives and we ask other countries to contribute too...If there are decisions to be taken after that, they will be taken. But not on the basis of lobbying and parliamentary decisions based on such lobbying," he said. President Robert Kocharian, who also attended the summit, called for the 1915-23 killings to be recognized as genocide. Turkish media said Erdogan had cancelled a planned meeting in Warsaw with Kocharian, which had been designed to underline Turkey's desire for better ties with Armenia, as a protest against the reference to the genocide issue. While most historians say between 1.2 and 1.5 million ethnic Armenians were killed by Muslim Turks in a bloody wave of deportations and massacres, Turkey says there were no more than 300,000 dead and that the deaths were not deliberately planned or desired. Turkey insists the events are being used as a black mark against its bid for European Union (EU) membership. Ankara is due to start membership negotiations with the bloc in October but EU officials caution that talks could last some 15 years. A number of European parliaments have adopted resolutions honoring Armenian victims and which mainly define the killings as genocide including Greece, France, Sweden, Italy, Slovakia, the Netherlands, Poland and Cyprus. Germany's parliament plans to adopt a resolution by this summer but a draft text expressly leaves out the word "genocide." German sponsors say they do not want to make life more difficult for those in Turkey seeking an open discussion of the Armenian question. 6) Minsk Group Content with Aliyev, Kocharian Meeting MOSCOW (Itar-Tass)--President Robert Kocharian and Azeri president Ilham Aliyev showed serious interest in reaching a settlement in the Karabagh conflict, co-chairmen of the OSCE Minsk group said in a statement after the meeting of the two countries' leaders in Warsaw on Tuesday. "Orders have been given to chiefs of foreign ministries of these states to continue the interaction with the co-chairmen on the basis of the positive results that have been achieved during the talks that took place last year within the framework of the Prague process in order to approach the working out of mutually acceptable proposals for settlement of the conflict," the document said. The co-chairmen of the Minsk group "are compiling a schedule of consultations with the sides for the nearest months." Kocharian and Aliyev held two-hour face-to-face talks in Warsaw, and presented "their considerations and conclusions" to the co-chairmen after their meeting. The Russian and French foreign ministers, Sergei Lavrov and Michel Barnier, spoke at the opening of the meeting and expressed on behalf of the states "support to the activity of the Minsk group and commitment to a peaceful settlement of the Nagorno-Karabakh conflict." 7) Aliyev Calls for International Attention to Karabagh Conflict WARSAW (Itar-Tass)--Addressing the meeting of the Council of Europe in Warsaw on Monday, Azeri President Ilham Aliyev said that international attention to the Karabagh conflict may help resolve it. "The European Union, the Council of Europe, the Organization for Security and Cooperation in Europe should give more attention to the problem of Nagorno-Karabagh that destabilizes the situation in the Caucasus and is an obstacle to Azerbaijan's integration into Europe," Aliyev said. "We are for a peaceful settlement of the conflict and we fulfill all the obligations we assumed when entering the Council of Europe." He said Azerbaijan "is ready for a compromise, for granting a high level of autonomy to Nagorno-Karabakh, and ensuring security of the citizens of the region." Baku and Yerevan, Aliyev believes, "may achieve progress regarding the territorial integrity of our country." "We demand the restoration of the territorial integrity," Aliyev said. "In the 21st century, it is impossible for one member-country of the Council of Europe to occupy the territory of another country." The Azeri president also noted that Baku "is heartened by the approach of the Council of Europe to the matter." Aliyev expressed his belief that it is possible to achieve a peaceful solution by the implementation of the resolution of the Parliamentary Assembly of the Council of Europe that was passed in January of this year. Aliyev noted, "The conflict in Nagorno-Karabakh led to large loss of life, to the occupation of 20 percent of Azerbaijan's territory, and to the violation of one of the principles of the Council of Europe--human rights." 8) Abkhazia Willing to House Russian Bases TBILISI (Itar-Tass)--Prime Minister of the self-proclaimed republic of Abkhazia Alexander Ankvab expressed readiness to house the two military bases that Moscow is pulling out from Georgia. "We are ready to accommodate the Russian military bases in Abkhazia. We have the appropriate infrastructure," Ankvab said in an interview with the Tbilisi-based Rustavi-2 television company in Moscow. He did not indicate the Abkhazian districts where the bases might be deployed or the number of the Russian personnel Abkhazia was ready to accommodate. Commenting on this statement, Georgia's State Minister for Conflicts Settlement said Abkhazia is a part of Georgia, therefore the issue of the Russian bases in Georgia is not within its capacity. "This issue is a subject of talks foremost between Moscow and Tbilisi," Khaindrava stressed. He said the wish of Sukhumi's leadership to deploy Russian military bases in Abkhazia is unrealistic, and hardly surprising amidst the "militaristic rhetoric and various exercises" held in the self-proclaimed republic in the recent months. "Regrettably, it shows that the peace process is not yet as intensive as one would wish to see," the minister said. All subscription inquiries and changes must be made through the proper carrier and not Asbarez Online. ASBAREZ ONLINE does not transmit address changes and subscription requests. (c) 2005 ASBAREZ ONLINE. All Rights Reserved. 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