Author: Antonian Lara
Transport revolution in Yerevan. Routes will be changed, means of transport will be reduced
- 18.01.2018
- Armenia:
- arm
- rus
On January 18, the first session of this year’s professional working group on public transport reforms of Yerevan was held. The head of the working group, the deputy mayor of Yerevan, Vahe Nikoyan, presented the project of the new public transport network developed by the consulting company WYG, which will undergo a professional study by the members of the working group and will be finalized after appropriate observations and suggestions.
Vahe Nikoyan noted that the network project is the basis for the formation of a new public transport system, and this is one of the decisive stages of the entire reform process. Accordingly, it is necessary to take into account all the features and observations of the professional group and the public before the final version is approved.
It was noted that with the new project, the specialists of the consulting organization were able to solve the most important problem at the basis of the reform, offering optimal solutions. In particular, the new project proposes to reduce the number of existing vehicles and lines by three times. Accordingly, instead of the current 115 route lines, 42 routes will operate, and instead of the existing 2039 vehicles, 939 vehicles will operate. According to the logic of the new network, vehicles, unlike the existing system, will operate on the principle of complementarity.
“Repeated lines will be excluded with the presented project. At the same time, vehicles will be equally accessible in all parts of the capital, providing safe, reliable and proper service for passengers. To the credit of the consulting organization, I must mention that a really thorough work was done in designing the new network, thanks to which the number of existing vehicles and lines is reduced by about three times, which were previously formed as a result of situational solutions and as such did not form a logical network. It should also be noted that the existing routes were not the basis for the design of the new network,” said Vahe Nikoyan.
According to the project, the new network is intended for a complete integrated system of buses, trolleybuses and metro and excludes the operation of minibuses. In addition, a number of norms related to the capacity and technical capabilities of roads and current bus stops, the volume of passenger flows, and the frequency of vehicle arrivals were taken into account.
Let’s remind that the design of a professionally based public transport network, as such, was implemented for the first time in Armenia.
The professional study and final approval of the new network will be followed by work on other stages of the reform, as well as broad public awareness of the features of the new network.
Armenian Defense Minister receives US Ambassador to Armenia
On January 16, Armenian Defense Minister Vigen Sargsyan received US Ambassador to Armenia Richard Mills.
During the meeting, the sides discussed the bilateral cooperation of two sides in the sphere of defense in 2017 and the main directions of cooperation in 2018.
An agreement was reached, which stated that in 2018, Armenian-American bilateral defense consultations will take place in Yerevan and during which, the overall vision of further cooperation will be discussed.
Issues related to regional security were also discussed during the meeting.
Book: Beshlian’s Memoir A Shirt for the Brave Recently Published
In the Introduction of this trim but powerful 100-page memoir, A Shirt for the Brave by Dr. Hagop K. Beshlian, I acknowledged my gratitude to Dr. William V. Beshlian one of the author’s sons, for allowing me to read and use the manuscript while doing my preliminary research about Armenian immigrants who came to the United States in the first half of the twentieth century. In addition, I extended my appreciation to Bob Beshlian one of Dr. Beshlian’s grandsons, for allowing me to write the Introduction, and the editor, Ara Sarafian of the Gomidas Institute, for its publication in 2017.
Dr. Beshlian wrote his memoir after his retirement as a physician in New Jersey, circa 1957. The text was based on his memory, and not the historical dimensions of all the events between the 1890s until his subsequent immigration to the United States. He described it in his own words as “a story of terror and bloodshed, of heartaches and setbacks, of strange and fear-ridden experiences.” His memoir was intended to inform his children and family of his story for their knowledge and remembrance. He referred to his abiding fate as “Good Providence,” which was the power of his survival.
The scope of the memoir was divided into twenty-two short, unnamed chapters. Beshlian included early photos of himself, his immediate family, and a hand-drawn map of the Ottoman Empire including areas of ancient Armenia occupied by the Armenians. The new publication does not include the original photographs due to their poor quality for reproduction. Bob Beshlian provided photos of his grandfather and members of the Beshian family. The new publication included a timeline with some of the key events during Dr. Hagop Beshlian’s lifetime in Turkey from his birth until his escape in 1922.
The writer gave a vivid description of the milieu in Turkey from his youth to his adulthood. He described the hostilities endured by the Armenian populous and mentions those who assisted him in very difficult situations. He referred to the crimes of the Sultan Abdul Hamid prior to the advent of the Young Turk revolution and their focus on removing the Armenians. During the Hamidian atrocities against the Armenians and the development of the Medz Yeghern (Catastrophe/Armenian Genocide), Beshlian focused on the place of his birth, the city of Urfa, where he was the first Armenian physician. Its name was changed to Sanliurfa in the second half of the twentieth century; however, it was known in the ancient world as Edessa. In the ancient world Edessa was where St. Thaddeus cured the Armenian King Abkar and his family converted to Christianity before the Armenians adopted the religion in 301 C.E. as the first Christian nation.
Urfa was where Hagop grew up as a boy and returned from medical college as a physician. He was orphaned together with other Armenian children and educated by an American missionary. Her name was Corinna Shattuck. He wrote about how she assisted hundreds of Armenian orphans after the Hamidian massacres. Historians have not highlighted the humanitarian efforts of this heroine. She had witnessed the “cathedral holocaust” where Hagop’s mother perished during the era of Hamid. The huge Armenian cathedral was named after the Holy Mother of God.
Hagop’s father had been killed in the defense of his community while Urfa was pillaged by the Turks. Shattuck had great empathy for the orphans since she was orphaned as a child also. She was the “mother surrogate” of the children who were left without parents. A friend wrote about Miss Shattuck with great admiration that “the ascetic simplicity of her life would have surrounded her head with an aureole and her memory with legend…” She served as a missionary in the Ottoman Empire from circa 1873 to 1911 but departed due to personal illness.
This memoir has now become public, and others could gain insight from Dr. Beshlian’s experiences and decisions. Some have not agreed with him or his views. He faced great dangers in his youth, and after he became a physician and while he was drafted into the Turkish Army. Moreover, he continually faced adversity from the Turks, especially Turkish officers in the armed forces. He came close to death several times. The record showed not many Armenian physicians, pharmacologists, dentists, or medical students survived during the Armenian Genocide or after it.
The memoir is a personal account of his experiences and is rare since he chose to reflect on them in English years later. He discussed the division of the Armenian political groups and their views in dealing with the Turkish triumvirate. Dr. Beshlian had chosen his course to survive with the “fate of Good Providence.” He assisted and helped those in need of medical attention and to save his immediate family.
Historians who have written about the Armenian Genocide were able to rely on archives of several nations in World War I, missionary accounts, diplomatic correspondences, world news articles, memoirs, and other sources. The memoir may be incomplete in its historiography, but it can lend more documentation to an understanding of the horrific treatment and hardships of a people who were the primary victims of the “Mez Yeghern “ or Armenian Genocide. Dr. Beshlian reveals the names of those non-Armenians who assisted his survival and of others who are often forgotten.
Kulhanjian is a social historian and educator. He specializes in Armenian immigration to the United States and Genocide/Holocaust education. He was appointed formerly by three New Jersey governors to the Commission on Holocaust Education representing the Armenian community. He has taught at several academic levels. Presently, he lives in California.
Azerbaijan Wrestles with Rising Iranian Influence
by Zaur Shiriyev
Azerbaijan’s government is growing increasingly concerned about what it sees as growing Iranian manipulation of the country’s Shia Muslim believers.
Azerbaijan’s security services recently presented senior government officials with a report describing how Iran has “increased its capabilities in Azerbaijan’s regions,” one analyst close to the government told EurasiaNet.org. “Many more people are now under Iran’s influence, and this has sounded alarm bells inside the government,” the source said, speaking on condition of anonymity.
In 2013, Azerbaijan relaxed restrictions, in effect an informal ban, on religious figures linked to Iran on preaching in public. This tactical embrace of Shiism was aimed at stemming the flow of Azerbaijanis joining ISIS and fighting in Syria and Iraq, a trend that Baku believed was inspired by a rise in hardline Sunni tendencies.
But now it appears the policy is having unintended consequences, resulting in what authorities believe is increased control by Iran over Shia practice in Azerbaijan. According to official data, 22 of the 150 Shia madrassas in the country are “under the control of Iran,” wrote Kenan Rovshanoglu in a recent report for the Azerbaijani news agency Turan.
Many secular Azerbaijanis have been alarmed by the increasing visibility of Shia practices in the country. During the Ashura celebrations in September in Baku, some children participated in the ritual, which involves self-flagellation. “When I saw children, who do not have a real understanding of religion, wearing hijab and attending Ashura ceremonies, I thought they are going to become kamikazes to be sent in the future to Syria,” said MP Zahid Oruc.
In response, in early October, the State Committee for Family, Women and Children Affairs of Azerbaijan proposed legislation that would prohibit children from taking part in Ashura commemorations and similar religious rituals. The legislation has not yet been voted on.
Iran’s Supreme Leader, Ayatollah Ali Khamenei, appeared to publicly criticize the proposed law during a November meeting with Azerbaijan President Ilham Aliyev in Tehran. “We should appreciate this great opportunity and the glorious mourning ceremonies of the Shiites in Azerbaijan, because they will strengthen the identity of Azerbaijan’s nation and country,” Khamenei said.
Azerbaijan, however, has been wary of publicly calling out Tehran. The two countries have had uneasy relations since Azerbaijan gained independence in 1991, as Baku fears Iran’s religious influence and Tehran is concerned about Azerbaijan’s potential influence over the large ethnic Azeri population in northern Iran. Each also has close ties to the other’s biggest enemy: Azerbaijan with Israel, and Iran with Armenia.
Since President Hassan Rouhani’s coming to power in 2013, Iran has been forced to recalibrate its relations with Azerbaijan. Official bilateral contact has increased dramatically since then, with the two sides signing more than 20 cooperation agreements in the economic sphere.
In one project that would have been unimaginable before 2013, Azerbaijan has provided a loan to build a 100-mile stretch of a railroad in Iran, from the Azerbaijani border to the city of Rasht, part of the North-South Transport Corridor. Baku hopes that the initiative can derail plans to develop rail links between Iran and Armenia.
The government has not publicly claimed that Iran influenced the Ashura commemorations, but one official, Deputy Chairman of the State Committee for Work with Religious Organizations Gunduz Ismayilov, pointedly said that “there are some forces in Azerbaijan who seek to bring political elements into Ashura commemorations in the country.”
In early December, the government-connected website Haqqin.Az published an article accusing Iran of trying to recruit Shia pilgrims visiting the holy city of Karbala in Iraq. The article claimed that 30,000 Azerbaijanis visited Karbala for Ashura this year, an increase of 33 percent over the previous year.
The article also alleged that the Iranian Islamic Revolutionary Guard and its associated Shiite militia, “Hasdi Shabi,” have recruited Azerbaijanis to gather intelligence and conduct anti-government propaganda against Baku. Some of the propaganda, the article claimed, was focused on Nardaran, a center of Shia conservativism in Azerbaijan.
In 2015, security services carried out a series of raids in Nardaran, arresting religious activists they accused of plotting to overthrow the government. Azerbaijan’s authorities also believed that Nardaran’s religious leaders were under Iranian influence, and that after the operation, that influence has been curbed. The Iranian propaganda, the Haqqin article said, criticized the Nardaran events as an “infringement of rights and persecution of Shias.”
Some in Baku question the government’s focus on Iran’s influence over it Shia. “It would be too easy to claim that all the people who went to Iraq for holy visits end up under Iran’s influence,” one mid-level government official told EurasiaNet.org on condition of anonymity. The official added, though, that “falling under the influences of foreign intelligence is much easier there than anywhere else.”
The official suggested that more Azerbaijanis visiting Iraq and Syria are recruited by ISIS: The number of Azerbaijanis joining ISIS has been on the rise in the last two years, and last year 151 people were stripped of their Azerbaijani citizenship for fighting in the ranks of terrorist organizations. “This is the main threat,” the official said.
Another article, by a government think tank, the Center for Strategic Studies (SAM), also appeared to speak to Baku’s concerns about Iran, this time about its relations with Armenia.
The unsigned article raised eyebrows among Baku’s foreign policy community, both for its tone – reading more like an official statement than a piece of analysis – and its language. It was published in Azerbaijani, instead of Russian and English, suggesting the topic wasn’t SAM’s usual international audience, but a message to the Iranian government via its embassy in Baku.
The piece criticized increasing contacts between Tehran and the de facto authorities of Nagorno Karabakh, whom Baku regards as a separatist regime on Azerbaijani territory. It described recent appearances of Karabakh officials in the Iranian media and the publication of two books on Karabakh. And it highlighted a November 15 conference in Iran devoted to Karabakh. “The Iranian International Studies Association, one of the founders of which is the Iranian Foreign Minister Mohammad Javad Zarifi, has created a kind of platform for the conduct of anti-Azerbaijani propaganda by Armenian scientists,” the author wrote.
While Azerbaijani criticism of Iran-Armenia relations is not new, it appears to have reached a new level, one analyst with close links to the Azerbaijani government told EurasiaNet.org, speaking on condition of anonymity. Baku is unsure why Tehran is emphasizing ties with the de facto Karabakh authorities, and fears that it will serve to legitimize them in Iran and create sympathy for them, which Baku regards as a threat to its interests, the analyst said.
Photo: Azerbaijani President Ilham Aliyev (C) meets with Iranian President Hassan Rouhani (L) and Supreme Leader Ayatollah Ali Khamenei in March 2017
Zaur Shiriyev is an Academy Associate at the Royal Institute of International Affairs (Chatham House). Republished, with permission, from .
Azerbaijani press: Azerbaijan’s President Ilham Aliyev marks his birthday
Baku, Azerbaijan, Dec. 24
Trend:
December 24 is the birthday of Azerbaijani President Ilham Aliyev.
Aliyev was born in Baku on December 24, 1961. He entered the Moscow State University of International Relations (MGIMO) in 1977 and graduated it in 1982. Upon his graduation, Ilham Aliyev continued his education as a postgraduate student at MGIMO and received a Ph.D. degree in history in 1985.
He taught at the Moscow State University of International Relations between 1985-1990. From 1991 to 1994 Ilham Aliyev was involved in the private business sector, heading a number of industrial-commercial enterprises.
He was vice president, and later the first vice president of the State Oil Company of Azerbaijan (SOCAR) from 1994 to 2003. He was actively involved in the implementation of Heydar Aliyev’s oil strategy.
Ilham Aliyev was twice elected to the Milli Majlis (parliament) of Azerbaijan in 1995 and 2000, and resigned from his post in 2003 due to his appointment to the post of prime minister.
In addition to his existing responsibilities, Ilham Aliyev has been presiding over the National Olympic Committee since 1997. Ilham Aliyev was re-elected to this post in 2016.
He has been elected deputy chairman of the ruling New Azerbaijan Party in 1999, first deputy chairman in 2001, and party chairman in 2005.
He headed the Azerbaijani parliamentary delegation to the Parliamentary Assembly of the Council of Europe (PACE) from 2001 to 2003.
Ilham Aliyev was elected deputy chairman of PACE and member of the PACE bureau in January 2003.
Ilham Aliyev was appointed Prime Minister of the Republic of Azerbaijan after his candidacy was approved by the country’s parliament August 4, 2003.
Ilham Aliyev was elected president of Azerbaijan on October 15, 2003, gaining over 76 percent of total votes. He assumed his post on October 31, 2003. He was re-elected as president for the second term, gaining 88 percent of votes in the elections, held on October 15, 2008. He assumed the duties of the presidency on October 24, 2008.
On October 9, 2013, Ilham Aliyev was elected for a third term by an overwhelming majority of voters (84.54 percent) for the next five years. He assumed the post on October 19, 2013.
The Azerbaijani people made their choice, voting for political stability, prosperity and sustainable social and economic development.
The unity of the Azerbaijani people and the country’s president was once again demonstrated in 2016. Thanks to the care and attention given to the army building by the Supreme Commander-in-Chief of the Armed Forces, President Ilham Aliyev, today Azerbaijan has the strongest army in the region.
The valiant Azerbaijani army under the leadership of the Supreme Commander of the country’s Armed Forces, President Ilham Aliyev gave a rebuff to Armenian aggressors in April 2016.
The Azerbaijani army liberated a large area occupied by Armenia, thus opening another glorious page in the country’s history. That demonstrated the world the power and aspiration of Azerbaijan for returning the occupied territories at any cost.
These events once and forever changed the recent situation and proved the unacceptability of the status quo in the settlement of the Armenia-Azerbaijan Nagorno-Karabakh conflict.
By having voted in a referendum on amendments to the country’s constitution in September 2016, the Azerbaijani people supported President Aliyev’s initiative, which became a guarantee of the country’s political and economic stability.
The act of referendum signed by the Azerbaijani president envisaged amendments to 29 items of the constitution. Results of the referendum reflected the Azerbaijani people’s will. The Azerbaijani people voted for each of 29 items, which became the beginning of a new stage of Azerbaijan’s development.
The year of 2017 marked a new stage in the development of the Azerbaijani economy, particularly, the non-oil sector. The 12 Strategic Road Maps adopted by President Ilham Aliyev in late 2016 laid the foundation for a new strategy of the country’s economic development until 2025 and beyond, which are designed to ensure the economy’s competitiveness and social welfare on the basis of sustainable economic development in Azerbaijan.
The year of 2017 saw such significant events as the beginning of negotiations on a comprehensive cooperation agreement with the European Union, the commissioning of the Baku-Tbilisi-Kars railway, which is the shortest and most reliable way for cargo transportation between Europe and Asia the extension of the “Contract of the Century” until 2050, the successful continuation of construction of the Southern Gas Corridor, including the TANAP and TAP pipelines that will ensure energy security of Europe,. All these were the result of the far-sighted policy of President Ilham Aliyev.
As part of the announcement of 2017 as the “Year of Islamic Solidarity” by President Aliyev, a number of major international events were held in the country, including the 4th Islamic Solidarity Games.
The bright success of Azerbaijan’s foreign policy was the recognition of territorial integrity and sovereignty of member countries in the statement adopted on the results of the Eastern Partnership Summit of the European Union. The latest report on the “EU common foreign and security policy” by the European Parliament, dated December 13, has become a logical continuation of the process fixed in the joint statement of the Eastern Partnership Summit, held in Brussels on November 24 and which President Aliyev called as the diplomatic success of Azerbaijan.
The European Parliament confirmed for the first time its commitment to the EU’s commitments to support the territorial integrity of all the Eastern Partnership countries within their internationally recognized borders.
The staff of Trend Agency sincerely congratulates President Aliyev on his birthday!
Inese Lībiņa-Egnere to Deputy Speaker of Armenian parliament: Strengthening parliamentary cooperation important for both countries
Baltic Legal Updates, Latvia Friday Inese Lībiņa-Egnere to Deputy Speaker of Armenian parliament: Strengthening parliamentary cooperation important for both countries Riga: The Supreme Court of the Republic of Latvia has issued the following media release: On Friday, 15 December, Inese Lībiņa-Egnere, Deputy Speaker of the Saeima, met at the Saeima with Eduard Sharamazanov, Deputy Speaker of the National Assembly of the Republic of Armenia. Lībiņa-Egnere noted that 2017 is a symbolic year in the Latvian-Armenian cooperation as it marks the 25th anniversary since diplomatic relations were established between the two countries. “This is a good time to look back on what has been achieved so far and energise our parliamentary cooperation. It plays a special role in the context of strengthening political dialogue and sharing experiences,” Deputy Speaker Lībiņa-Egnere told her Armenian counterpart. Andrejs Klementjevs, Secretary of the Saeima, also participated in the meeting of the two Deputy Speakers. Lībiņa-Egnere and Sharamazanov discussed the role parliamentary contacts play in promoting closer cooperation in other areas. The Deputy Speaker of the Armenian parliament thanked the Latvian representatives for their efforts in strengthening parliamentary relations between the two countries and invited them to visit Armenia. The Latvian side praised the Comprehensive and Enhanced Partnership Agreement between the European Union and Armenia, signed on 24 November. Deputy Speaker Sharamazanov emphasised that the Agreement attests to Armenia’s loyalty to the values of democracy and human rights, and reflects the institutional reforms carried out so far. Lībiņa-Egnere and Klementjevs spoke with Sharamazanov about current domestic events in both countries, as well as developments in the region. As regards the situation in Nagorno-Karabakh, the Latvian side emphasised their support for a peaceful resolution of the conflict based on international law. The Minsk Group is the only format for seeking a solution to the Nagorno-Karabakh conflict, the Latvian side stated. Deputy Speaker Sharamazanov is accompanied on his visit by two MP of the Armenian parliament: Samvel Farmanyan and Suren Manukyan. During their visit to the Saeima, the Armenian delegation also met with Lolita Čigāne, Chair of the European Affairs Committee of the Saeima, and members of the Committee, as well as Sergejs Potapkins, Chair of the Saeima Group for Interparliamentary Relations with Armenia, and the members of the Group.
Suren Krmoyan: A “fatherhood” formulation is removed from the law
Today, at the extraordinary session of the National Assembly during the discussion of the draft package of amendments to the “Family Code” and the accompanying laws, Gevorg Gorgisyan, the secretary of the Yelk (Way Out) faction, told Suren Krmoyan, Deputy Justice Minister, that there had been a “fatherhood” formulation besides maternity and childhood, but then it was removed. “Does this mean that we do not need fatherhood anymore? Besides, racial discrimination and so on, are prohibited while choosing a partner. So, by the law, we tell people how to choose a husband or a wife.”
Suren Krmoyan said,”We match these formulations to the Constitution, and it does not mean that fatherhood is omitted. And, speaking about racial discrimination, it also comes from the Constitution. We do not prohibit choice, but discrimination.”
Gevorg Gorgisyan said, “Suppose I am a black man who proposes a woman, and she refuses to marry me. Can I use this law and accuse her of refusing to marry me because of my race?”
“Let me mention that Mr. Gorgisyan says this theoretically. He had proposed at his time and has a family,” added Eduard Sharmazanov, the NA Speaker.
Suren Krmoyan referred to the Constitution, saying, “It is fixed in the Constitution that both men and women, when their marriage time comes, can have a family, based on mutual agreement. In this case the norm does not work. It works only if there is a discrimination out of the family, for example, registration, attitude, etc.”
“This has anti-racism coloring. No, not the thing you said. No to racism,” said Eduard Sharmazanov.
There is snow and fog on some roads in Armenia
The Ministry of Transport, Communication and Information Technologies informs that on December 20 at 09:30, there is snow on the highways of Aparan, Aragats, Artik, Spitak, Sevan and Yeghegnadzor regions.
There is dense fog on the roads of Masis and Artashat, visibility is 30-40m.
All the interstate and republican roads are open.
The Armenian Case and European Judiciary: Beyond Statements
The Armenian Case and European Judiciary: Beyond Statements
By Philippe Raffi Kalfayan
Since the beginning of the 21st century, the judicial remedy for
Armenian claims has become familiar and reparation studies and
researches proliferate. The pan-Armenian political terminology
consecrated it. Various initiatives contributed to this process: the New
York Life and Axa Insurance settlements in 2004 and 2005. The most
recent attempt, with a good amount of publicity, is the Catholicosate of
Antelias’ claim for the restitution of Holy See properties of Sis
(Kozan), in Turkey, first before the Constitutional Court of Turkey and
afterwards before the European Court of Human Rights (ECHR). The
application has been successively declared inadmissible by both courts
on the same grounds: the non-fulfilment of the rule imposing the
exhaustion of domestic judicial remedies.
One columnist reported the comments and interpretations of the
plaintiff and of one of his lawyers. I will not comment on their
assertions. However, I deem it is important for people on this side of
the Atlantic to better understand the features, rules and limits of the
European Court. Indeed, most Armenians perceive this rejection as
another judicial defeat; some see a kind of fatalism, others a plot or
evidence for the existence of corrupt powers, while others question the
skills of the legal team. But one must look beyond statements and biased
communication, with a view to play down the decision, balance certain
unhappy observations, and also recall some features and limits of the
ECHR. This will be my modest objective.
The rules of procedure do not depend on the political situation
in a country or the degree of respect for the rule of law. Presuming
that it is a loss of time and hopeless to go before the lower
jurisdictions and deciding instead to apply directly to the
Constitutional Court of Turkey has been the wrong move by numerous
plaintiffs in Turkey those last two years. The massive flow of arrests
or dismissals from posts in different circles because of their alleged
connections to Fettulah Gülen or to the PKK, all allegedly threaten the
national security or the government of the Republic of Turkey. The moves
have also created a back log of applications at Strasbourg, panicking
the Registry of the Court.
First, it must be recalled that the ECHR is not a supreme court
but a subsidiary court to national court systems, whose mandate is
limited to the application and interpretation of the European Convention
of Human Rights (“Convention”) signed by the 47 member-countries of the
Council of Europe. Individual applications must be grounded on alleged
violations of the Convention and of its protocols. The ECHR created a
real dynamic between the national courts and itself: pilot European
judgments pushed the national systems to make their laws compatible,
and, more, leading them to adopt amendments to their domestic laws by
necessity of compliance.
However, this virtuous cycle is
now over: the parties are now showing some political resistance and
asking for a wider margin of interpretation. Some countries have adopted
measures to restore their judicial sovereignty in order to not enforce
all judgments (Russia, Italy); others think about leaving the Convention
(Great Britain in the aftermath of Brexit). In general, a decision of a
foreign or international court cannot be enforced on the territory of a
state without the consent of its judicial or political authorities. The
ECHR judgments are legally binding but the Committee of Ministers of
the CoE, which monitors the enforcement of judgments, cannot take
measures of coercive nature. For an example, Turkey refused so far to
enforce the judgment in the interstate case Cyprus vs. Turkey (2014).
Second, since the alleged coup in July 2016, the Turkish Grand
National Assembly approved on July 21 a State of Emergency as
provisioned in its Constitution and informed the Council of Europe (CoE)
and the ECHR that measures taken may involve derogation from its
obligations under the Convention, as allowed in Article 15. The
declaration has since been renewed every three months and approved by
the Committee of Ministers of the CoE.
Third, Turkey has been the best “client” of the ECHR since 1959,
and they have developed a working relationship with the court. Turkey
contributes 10 percent of the total budget of the ECHR. The economic
factor is far from marginal in this relationship. Moreover, of the
ECHR’s 672 Registry staff members, 44 are Turkish nationals. The ECHR
actually fears a withdrawal of Turkey from its system.
As far as admissibility of cases is concerned, the filter is
composed of one judge, when it concerns the rule of procedure, or by a
committee of three judges or a Chamber, when it concerns the merits. The
procedural admissibility is very formal, and the exhaustion of domestic
remedies is the first fundamental criteria. There may be special
circumstances dispensing the applicant from the obligation to avail
himself or herself of the domestic remedies available. One such factor
may be that of national authorities remaining totally passive in the
face of serious allegations of misconduct or infliction of harm by state
agents, for example where they have failed to undertake investigations
or offer assistance. On the contrary, mere doubts on the part
of the applicant regarding the effectiveness of a particular remedy will
not absolve him or her from the obligation to try it (cf. ECHR Practical Guide on Admissibility Criteria). The alleged political considerations or “deals” don’t intervene at this stage.
In 2016, 36,579 applications were declared inadmissible, among
which the single-judge formation accounted for 30,998 cases. As regards
Turkey, there has been an enormous flow of individual applications in
2017: 16,851 have been declared inadmissible by a single judge for
procedural reasons. Thus, the Sis properties’ case was a mere drop in
the ocean.
Beyond the political chaos in Turkey, one must admit that the
substantiation of Antelias application, whatever creative and complex
the engineering is, arrives at an impasse in Turkey and in Strasbourg.
On the one side, the Constitutional Court admits cases related to facts
that occurred after 2012 (date of the institution of individual
complaints mechanism), and on the other, the legal team’s reasoning
implies the interpretation of the Treaty of Lausanne into Turkish law
(only a national court can do that), before claiming the alleged
violation of right to property in light of the Convention’s First
Protocol. If the first stage is not completed, one could hardly imagine
the ECHR accepting to review such a case, where it involves an
interpretation of Turkish laws. It was tempting to give it a try and
force its fate at ECHR to gain time. But this is not a race.
People:
The road to justice for the historical
crimes committed against the Armenians will be long and is full of
pitfalls, mainly due to the elapsed time, the articulation of different
bodies of laws, and the negative attitude of Turkey. The announcement of
diverse Armenian initiatives indicates that the Armenian Party is on
the right track, and the continuous impulse and leadership of spiritual
and mainstream institutions will help. However, it does not serve the
case to entertain false hopes and to voice exaggerate comments on the
altar of communication.
(Philippe Raffi Kalfayan, a resident of Paris, France, is a lawyer and accredited expert of the Council of Europe since 2003.)