Author: Baghdasarian Karlen

Le Point, France
28 fevr 2012

Génocide arménien : faut-il s’obstiner ?

Après la censure de la loi Boyer par le Conseil constitutionnel, une
nouvelle loi est en préparation. Avec quelles chances de succès ?

Par Laurence Neuer

C’est au nom de la liberté d’expression et de communication que les
Sages ont, le 28 février 2012, censuré la loi Boyer sanctionnant d’un
an de prison et de 45 000 euros d’amende la contestation ou la
minimisation du génocide arménien. Cette loi prévoyait de réprimer les
génocides “reconnus comme tels par la loi française”. Or, précise la
décision du Conseil constitutionnel, une disposition législative ayant
pour objet de “reconnaître” un crime de génocide ne saurait, en
elle-même, être revêtue de la portée normative qui s’attache à la loi.
“Cette décision reflète l’opinion de Robert Badinter selon laquelle le
Parlement n’est pas un tribunal”, note l’avocat pénaliste Vincent
Nioré.

En clair, si le législateur fixe une vérité historique, cette loi est
dépourvue d’effet normatif, et s’il sanctionne la violation de ladite
vérité historique, cette loi est contraire à la Constitution.

“Le Conseil ne dit pas que la loi du 29 janvier 2001 reconnaissant la
réalité du génocide arménien est inconstitutionnelle, il dit
simplement qu’elle est déclarative”, tempère Me Nioré. Reste que,
juridiquement, une loi déclarative est dépourvue d’effet juridique.

Porte ouverte à tous les génocides
Seuls les génocides et crimes de guerre déclarés tels par une
juridiction internationale pourraient alors devenir le socle de lois
“normatives”. Une décision que déplore Me Nioré : “On ne peut pas,
d’un côté, déplorer la tragédie de 1915 en la qualifiant de génocide
et, de l’autre, s’opposer à la pénalisation d’un négationnisme d’État
en établissant une hiérarchisation des crimes contre l’humanité et des
crimes de génocide, s’indigne-t-il. À plus forte raison lorsque les
victimes ont été privées du droit à faire juger leurs bourreaux devant
un Tribunal pénal international par les puissances de l’époque.”

Mais le Conseil constitutionnel a tranché : le législateur ne peut pas
s’arroger le pouvoir de déterminer des vérités historiques et d’en
sanctionner le non-respect. “La loi Boyer prévoyait la sanction de
l’ensemble des génocides prévus par la loi. Ce qui signifie qu’il
suffit qu’une nouvelle loi reconnaisse demain un autre génocide pour
que s’appliquent immédiatement les sanctions prévues par ce texte”,
rappelle le constitutionnaliste Bertrand Mathieu, professeur à
l’université Panthéon-Sorbonne (Paris-I), et membre du Club des
juristes.

Le Conseil constitutionnel aurait pu, par ricochet, se prononcer sur
la constitutionnalité de la loi de 2001 reconnaissant la réalité du
génocide arménien. “Personne n’a jamais soulevé l’inconstitutionnalité
de cette loi, explique Me Nioré. En outre, ce texte ne pourrait être
contesté que par le seul jeu d’une question prioritaire de
constitutionnalité (QPC), mais cela est impossible, car cette loi
n’incrimine aucun délit et ne prévoit aucune sanction pénale, ce qui
veut dire que personne ne peut être poursuivi sur son fondement et en
constater la constitutionnalité.”

La loi pourrait-elle renaître de ses cendres ?

Prenant acte de la décision du Conseil constitutionnel, Nicolas
Sarkozy a chargé le gouvernement de préparer un nouveau texte sur la
pénalisation du génocide arménien. Une initiative qui reste sujette à
caution. “La décision du Conseil constitutionnel va mettre un frein au
délit d’opinion, surtout si c’est le législateur qui fixe lui-même la
vérité historique, assure Bertrand Mathieu. Symboliquement, le Conseil
a choisi de mettre l’accent sur la liberté d’expression sans répondre
aux autres arguments. Or, à partir du moment où il vise ce principe
emblématique très large qui englobe la liberté des chercheurs, des
journalistes et de tout citoyen, cela ne laisse quasiment aucune marge
au gouvernement pour reprendre un texte de loi d’effet équivalent.”

Serait-ce bien utile ? En l’état du droit actuel, si une personne nie
le génocide arménien, elle ne resterait pas impunie. L’article 24
alinéa 6 de la loi du 29 juillet 1881 sanctionne d’un an de prison et
de 45 000 euros d’amende le délit de provocation à la discrimination
raciale ou religieuse.

From: Baghdasarian

IRANIAN ENVOY WARNS AGAINST “CREEPING ZIONIST INFLUENCE” IN SOUTH CAUCASUS

Fars News Agency
Feb 28 2012
Iran

Iran’s ambassador in Yerevan has said that Israel “has creeping
influence” in the South Caucasus, Fars news agency reported on 28
February.

“The activities of the enemy in Azerbaijan over the recent period
show the creeping influence of the Zionists and foreigners in the
South Caucasus region,” Fars quoted Seyyed Ali Saqqa’iyan as saying.

Speaking at a ceremony to commemorate the 20th anniversary of the
diplomatic relations between the two countries at the Yerevan State
University, Saqqa’iyan added that the presence of Armenians in Iran,
their social activities, religious and civil rights have always been
encouraged by the authorities.

Referring to the Karabakh conflict in the region, the ambassador
said that Iran’s foreign policy in this region is based on regional
balance and discouraging parties from having any conflicts. Iran
believes that any damage caused by insecurity and instability will
affect people of the region, the news agency reported.

From: Baghdasarian

ARMENIAN MINISTER BLAMES TURKEY FOR TENSE TIES IN INTERVIEW

Der Standard
Feb 28 2012
Austria

[Translated from German]

Interview with Armenia’s Foreign Minister Eduard Nalbandian by
Josef Kirchengast; place and date not given: “‘The Turkish Side is
Preventing Normalization'”

[Kirchengast] The French Parliament recently approved a law that
punishes denial of genocide, including the massacre of Armenians in
the Ottoman Empire. Does Armenia consider this law a model that other
countries, like Austria, should also follow?

[Nalbandian] Whether or not it is a model, I am certain that other
countries will also adopt such decisions so long as it is Turkish
government policy to deny the genocide of the Armenians. This genocide
is a crime against humanity that has been recognized as such by several
countries and international organizations. The denial of the genocide
triggers corresponding counter reactions. The French law reflects
the feelings and opinion of the French people. I know that from my
time as ambassador to France.

[Kirchengast] Critics believe the law also has something to do with
the French presidential election and point to the large Armenian
community in France.

[Nalbandian] No, that is not correct. The law enjoys the full support
of the French president, the government, and all relevant political
forces, both left and right. It was adopted by the National Assembly
and the Senate. The adoption of the law therefore expresses the
opinion of the entire French people. That was also the case in 2001
with the adoption of the French law on recognition of the genocide
of the Armenians.

[Kirchengast] But a group of senators and deputies afterwards appealed
to the Constitutional Council, which must now decide whether the
law is compatible with the French Constitution. This was against the
background of the deterioration in relations threatened by Turkey. But
is not the law also counterproductive for Armenia itself in its
efforts to establish normal relations with Turkey?

[Nalbandian] The law can only be helpful to the Armenian-Turkish
normalization. If there is something preventing the normalization of
Armenian-Turkish relations it is the action on the Turkish side.

Following the signing of the protocols in Zurich in October 2009,
Turkey took a step backward by refusing to implement the agreements.

(Editor’s note: in April 2010 Armenia’s President Sarkisian suspended
the ratification of the Zurich protocols on the establishment of
diplomatic relations between the two countries and the opening
of borders, on the grounds that Turkey rejects ratification and
implementation and states prior conditions.) The international
community believes the ball is now in Turkey’s court.

[Kirchengast] But the appeal to the Constitutional Council in France
shows that the genocide law is not uncontroversial.

[Nalbandian] I do not believe it is proper for someone to interfere in
the decision-making process of the French Constitutional Council, as
many Turkish representatives are trying to do. They have congratulated
themselves on their successful lobbying with the French senators
who have appealed to the Constitutional Council. They also welcome
Azerbaijan’s efforts in this direction. The senators who signed
the appeal to the Constitutional Council were even honoured with an
invitation to Baku. I do not believe such an action could be greeted
in a European country.

[Kirchengast] The Armenian-Turkish relationship was already somewhat
better if you think, for example, of the meeting of the two presidents
Sarkisian and Gul at the WC soccer games in October 2009 in Yerevan
and Bursa. Why has the bilateral commission of historians that Turkey
is urging so strongly not come about?

[Nalbandian] Even before the statement of the Armenian president, the
Armenian-Turkish relationship was at a dead end. We tried to lead it
out of this dead end but the Turkish side does everything possible to
prevent this. There is the agreement to create a bilateral commission
after the opening of the borders and the establishment of diplomatic
relations. Under this commission there will also be subcommittees,
including one on the historical dimension, but not one of historians.

It has the goal of restoring trust between the two nations but not
discussing whether or not there was genocide of the Armenians as
the Turkish side imagines. Under no circumstances is the fact of
the genocide subject to debate. Could you imagine inviting Jewish
representatives to a discussion of whether or not there was the
Holocaust?

[Kirchengast] The dispute over the Nagorno-Karabakh region is one
of the “frozen” conflicts: nothing is moving. The main barrier to
a solution is that Armenia still occupies a considerable portion of
Azerbaijanian territory.

[Nalbandian] To guarantee physical security to the population of
Karabakh, it self-defence forces were forced to create a buffer
zone around the region after Azerbaijan’s aggression. The return
of territories is an element of an overall package as produced
in the Minsk Group (editor’s note: co-chaired by the USA, France,
and Russia). But if Azerbaijan says that it is only about a return
of territory and all other aspects of the agreement are ignored or
deliberately circumvented, then this agreement cannot come about. This
is why US Secretary of State Hillary Clinton stated on behalf of
the three co-chairs in Astana that all principles and elements of
a solution were worked out as an integral whole. Separating them or
preferring one principle or another is completely unacceptable.

From: Baghdasarian

FRANCE’S HIGHEST COURT HAS DECLARED THE ARMENIA GENOCIDE BILL UNCONSTITUTIONAL

The Business Insider
February 28, 2012 Tuesday 10:10 PM EST

The French bill that would have criminalized the denial of the Armenian
genocide has hit a roadblock. France’s highest legal authority ruled
that the bill was unconstitutional, Reuters reports.

The decision by France’s Constitutional Council invalidates the bill,
which it said was against the principles of freedom of expression
guaranteed in France’s constitution. The bill was passed by both
houses of parliament and was due to be ratified by President Nicolas
Sarkozy at the end of the month.

The move was welcomed by Turkey, with Turkish Foreign Minister Ahmet
Davutoglu saying his cabinet would meet to consider whether to restart
economic, political and military contacts with France. “The correction
of this grave error by the highest court in France is satisfying,”
Davutoglu said in a statement.

The president of the Council of Coordination of Armenian Organizations
in France, Franck Mourad Papazian, criticized the ruling, saying it
was the result of Turkish lobbying. “We have been totally outraged by
the Constitutional Council’s decision at its very core, which is based
on politics rather than on legal grounds,” he said, the AP reports.

But Sarkozy has not given up. Immediately following the ruling, his
office said he had asked the government to draft a new version of
the law which would take the decision into account. “The President
of the Republic considers that [genocide] denial is intolerable and
must therefore be punished,” his office said in a statement.

From: Baghdasarian

SINGAPORE, ARMENIA REAFFIRM BILATERAL RELATIONS

Channel NewsAsia
February 28, 2012 Tuesday 2:12 PM GMT

SINGAPORE: Singapore and Armenia have reaffirmed the friendly
bilateral relations between the two countries during the Armenian
Foreign Minister’s official visit to Singapore over the last two days.

Minister of Foreign Affairs of the Republic of Armenia Mr Edward
Nalbandian was in Singapore at the invitation of Minister for Foreign
Affairs and Minister for Law Mr K Shanmugam.

During the visit, the ministers discussed ways to promote economic
and cultural cooperation between the two countries, and exchanged
views on developments in their respective regions.

Mr Shanmugam also paid tribute to the contributions made by the
Armenian community to Singapore’s early development.

While in Singapore, Mr Nalbandian visited the Armenian Apostolic
Church of St. Gregory the Illuminator, where he met with the Armenian
community in Singapore.

From: Baghdasarian

TURKEY HAILS FRENCH CONSTITUTIONAL COURT DECISION

Deutsche Presse-Agentur
Feb 28 2012
Germany

Feb. 28–ISTANBUL — Turkish Foreign Minister Ahmet Davutoglu has
offered his congratulations to the French Constitutional court
following its decision to strike down a bill making it a crime to
deny that Armenians suffered genocide during World War I.

“By opting to protect the concept of universal human rights the French
Constitutional Court has decided in accordance with what everyone
believes to be European morals. We congratulate the court for its
decision,” Turkey’s state news agency Anatolian quoted Davutoglu as
saying Tuesday.

Separately, Anatolian quoted Turkish deputy Prime Minister Bulent
Arinc as stating that the French Constitutional Court had given the
country’s politicians “a lesson in lawmaking.”

From: Baghdasarian

HEAVY METAL BAND MAKES HEADWAY IN TURKISH-ISRAELI CULTURAL EXCHANGE

01/03/2012

The Israeli band Orphaned Land forges Turkish-Israeli ties.

By Menekse Tokyay for Southeast European Times in Istanbul — 01/03/12

The Israeli band Orphaned Land spreads a message of friendship between
the Jews and Muslims. [Derya Engin]

Israeli heavy metal band Orphaned Land’s charity conference on February
25th in Istanbul raised money for victims of the October 23rd 2011
earthquake in the Van province of eastern Turkey.

Guitarist Matti Svatizky explained how the band helps bring Turkish
and Israeli people together.

“This show that we are making here for the earthquake survivors,
it is something that we want to contribute to Turkey from ourselves,
as persons.

You can also see it as something that we contribute as Israelis, not
just as a rock band that came to play here, because of the tension
that has been between the countries. It is important for us that
Turkish people and our fans will see that human need comes before
anything else, and we would like to help Turkish people anyway we can.”

Orphaned Land forms cultural ties between Turkey and Israel, regardless
of the bilateral political situation. Band members did not hesitate
to hold concerts in Turkey even when they were asked to cancel them
following the decline in diplomatic ties between Turkey and Israel.

Formed in 1991, and performing in Turkey since 2001, the band combines
heavy metal music with prayers from the Quran, Jewish liturgy and
other religious texts.

From: Baghdasarian

NATIONAL CINEMA CENTER SUPPORTS ARMENIAN FILM MAKERS TO ATTEND CANNES FILM MARKET

Panorama.am
01/03/2012

Armenian national cinema center launched application submission phase
for Cannes 65th film festival.

Armenian film makers are invited to launch films or film programs in
that largest cinema market. Cinema center told Panorama.am that the
applications can be submitted till March 10.

The elected candidates will be accredited, provided pavilions
for holding of meetings and discussions, interpreter for
pitch/presentation.

From: Baghdasarian

ARMENIA’S FIRST PRESIDENT HEAVY BURDEN CAUSING SHIPS TO SINK – MP

Tert.am
02.03.12

At a Friday news briefing in Armenia’s parliament, Vahan Hovhannisyan,
Chairman of the Armenian Revolutionary Federation Dashnaktsutyun
(ARF-D) parliamentary group, commented on a statement by Levon
Ter-Petrosyan.

At a rally of the opposition Armenian National Congress (ANC) on
Thursday, Armenia’s first president and ANC leader Levon Ter-Petrosyan
called Armenia’s second president Robert Kocharyan “a sunken ship”
and incumbent President Serzh Sargsyan “a sinking ship.”

“I think Armenia’s first president is actually the heavy burden that
caused and is causing the ships to sink,” Hovhannisyan said.

With respect to candidates from single-member constituencies,
Hovhannisyan said that the ARF-D will run for parliament provided
the election law is honored.

As regards the failed bill on proportional representation,
Hovhannisyan said: “It was a normal vote. We are grateful to the
MP from single-member constituencies that voted for the bill. The
voting results are different now. The parliament is turning into a
normally functioning body, and even coalition members made reasonable
statements.”

With repect to the recent incident involving ARF-D member Arshavir
Karapetyan (police found arms and ammunition in a room owned by
him), Hovhannisyan said: “I’m personally acquianted with Arshavir
Karapetyan. He took part in the Karabakh war. Many of the war veterans
still have arms. The incident is being investigated.”

From: Baghdasarian

OF PREDATORS AND PREY
by HARSHINI VAKKALANKA

The Hindu

March 1 2012
India

John D. Balian’s debut novel, Grey Wolves and White Doves, is a mostly
autobiographical account of the author’s growing-up years

As long as hope continues to remain in Pandora’s box, there will
always be countless tales of hope – hope that gave people strength
to rise above circumstances. Most such tales are a part of history,
a continuing history. John D. Balian’s debut novel “Grey Wolves and
White Doves” promises to be one such thrilling tale closely interwoven
with the history of the Middle East, which is also a part of the
author’s personal history.

“It is a coming of age story of a little boy in a tumultuous world
in the Middle East,” explains Balian, who recently launched his book
in the city. “It’s about the adversities he faces as he grows up and
how he overcomes them by never giving up on his dreams.”

The book is mostly autobiographical, said Balian in a telephone
interview.

“I was born in a remote village in the Middle East to a poor family.

We faced so many tragedies that I ended up living in orphanages and I
ran away, trying to take refuge in different countries to find a home.

Fortunately, someone took me to the United States and sponsored my
education,” said Balian.

Balian, an Armenian by heritage, holds a medical degree from the
Tufts University and is now a senior executive at a multinational
corporation. He was also recently elected to serve on the board of
directors of the Armenian Centre of Columbia University.

His book, which is closely related to his heritage, also incidentally
educates its readers on snippets of history.

“I felt compelled to tell this story and I wanted to inspire and
motivate others,” he says. “I also wanted to educate readers about
the Middle East and its culture… It is a region where different
rivalries exist between different people.”

The book also addresses what is probably the second most serious
case of genocide after the Holocaust – the Armernian genocide by the
Ottoman Empire.

The author’s grandparents were survivors. “The book is not about the
genocide; it is a sub-plot. One can’t avoid the influence of history
on people. Even now the sentiments of the genocide linger in the
Armenians. The genocide is a well-documented historical event defended
by 99 per cent of historians. Yet the Turkish government denies it.”

The title itself is closely connected to history and politics, says
Balian. “I chose this title for its contrasts between grey and white,
predators and the prey. The book contains scenes with wolves and
horrific scenes with doves. The title also refers to a neo-fascist
Turkish secret society that goes under the same name.” To sum up, the
book is a meeting point between history, politics, heritage and life.

“The book is influenced by culture, religion, family values, historical
traditions, rivalries between different factions of people in the
region. The values of good and evil come out through the characters
in the book.”

Balian has almost made up his mind to write a sequel. “All those who
read it want a sequel and I don’t want to disappoint them. Before
that I want to find an Indian publisher and also turn the book into
a movie, maybe even in Bollywood,” he says with a laugh.

The author harbours a personal affinity to India because of the rich
Armenian legacy in the country. “Armenia has a long history in India
from the 14th century to the 20th century. Armenians used to be a
vibrant community that contributed to India, largely to its art and
architecture.”

From: Baghdasarian