The California Courier Online, August 15, 2019
1 – U.S. Appeals Court Makes a Wrong
Decision on Armenian Demands
By Harut Sassounian
Publisher, The California Courier
www.TheCaliforniaCourier.com
2- Armenian Community Grieves Genocide Scholar Vahakn Dadrian
3 – Lawsuit Against Turkey Proceeds In US Federal Court
4- Commentary: Who Are Armenia’s Real Enemies From Within?
5- Civilitas / CivilNet Welcome New Director Apo Boghigian
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1 – U.S. Appeals Court Makes a Wrong
Decision on Armenian Demands
By Harut Sassounian
Publisher, The California Courier
www.TheCaliforniaCourier.com
The United States Court of Appeals for the Ninth Circuit made a
decision on August 8, 2019 to deny the appeal of two lawsuits brought
by several Armenian-Americans demanding compensation from the Republic
of Turkey and two of its banks for confiscating their properties
shortly after the Armenian Genocide.
The first lawsuit was filed in December 2010 by Alex Bakalian, Anais
Haroutunian, and Rita Mahdessian seeking $65 million from the Central
Bank of the Republic of Turkey, and Ziraat Bankasi. The second lawsuit
was filed by David Davoyan (administrator of the Estate of Garbis
Tavit Davoyan) and Hrayr Turabian against the Republic of Turkey, the
Central Bank of Turkey, and Ziraat Bankasi.
The U.S. Court of Appeals confirmed the 2013 decision of Judge Dolly
Gee who dismissed the two lawsuits declaring that “under the political
question doctrine which says certain questions—in this case,
determining whether Turkey’s actions were genocide—should be handled
by the executive branch, not the courts,” according to the Courthouse
News Service.
The Court of Appeals, however, rejected the appeal for a different
reason, claiming that the two Armenian lawsuits are time-barred. In
2006, a California statute had set the deadline of 2016 for such
lawsuits stating that: “Any action, including any pending action
brought by an Armenian Genocide victim, or the heir or beneficiary of
an Armenian Genocide victim, who resides in this state, seeking
payment for, or the return of, deposited assets, or the return of
looted assets, shall not be dismissed for failure to comply with the
applicable statute of limitation, if the action is filed on or before
December 31, 2016.”
Unfortunately, in 2012, Ninth Circuit Judge Susan P. Graber, in the
case of Movsesian vs. Victoria Versicherung AG, invalidated the
California statute extending the time for bringing certain insurance
claims based on the Armenian Genocide. Judge Graber wrote that “the
statute was preempted under the foreign affairs doctrine,” according
to the Metropolitan News-Enterprise.
The August 8, 2019 decision by the Court of Appeals is contradictory
in the sense that while Judge Andrew Hurwitz (who wrote the Appeals
Court decision) acknowledged the Armenian Genocide, he ignored the
fact that genocides have no statute of limitations, therefore
regardless of how much time has elapsed, genocide-related lawsuits
could not be dismissed on that basis.
Here is what Judge Hurwitz wrote in the decision of the Court of
Appeals: “From 1915 to 1923, in what is often referred to as the
Armenian Genocide, the Ottoman Empire massacred, forcibly expelled, or
marched to death 1.5 million of its Armenian citizens, seizing the
property of the dead and deported.”
In another section of the Appeals Court decision, under the subtitle
of ‘Facts,’ Judge Hurwitz added the following comments on the Armenian
Genocide: “During World War I, the Ottoman Empire began forcibly
relocating its Armenian subjects away from population centers and into
the desert, causing the deaths of over a million ethnic Armenians. The
Empire confiscated the real property left behind by the victims of the
Armenian Genocide.”
Judge Hurwitz agreed with the plaintiffs’ assertions in the lawsuits.
He wrote: “We assume for purposes of our accrual analysis the truth of
the plaintiffs’ allegations that either the Ottoman Empire illegally
seized the property of the plaintiffs’ predecessors, or the Empire and
the Banks placed the property in trust under Turkish law but later
illegally refused to return it. If the initial expropriation was
wrongful, the plaintiffs’ claims accrued by 1923. If the property was
placed in trust, the plaintiffs acknowledge that ‘laws passed in 1928
and 1929 formally ended Turkey’s disingenuous attempt at the
restitution of immovable property to its rightful Armenian owners.’
Thus, the plaintiffs’ predecessors should have known well more than
ten years ago that Turkey did not intend to return their property.”
Judge Hurwitz complained that the lawsuits were filed decades after
the Armenian Genocide which does not make them timely. “We have no
doubt that the survivors of the Ottoman Empire’s atrocities
experienced enormous hardships after the seizure of their property.
Indeed, we take as true the allegations in the operative complaints
that it ‘was impossible for Plaintiffs’ predecessors to seek
compensation for their stolen property or focus on anything but
rebuilding their lives.’ But, these suits are brought not by the
victims of the Armenian Genocide, but rather by residents of the
United States long removed from its carnage, many of whose
predecessors relocated to this country decades ago. And the current
plaintiffs do not allege any attempts to pursue these claims
judicially prior to 2010.”
The attorneys for the Armenian-American plaintiffs reacted with anger
at the Appeals Court decision. Kathryn Lee Boyd of the law firm Pierce
Bainbridge Beck Price & Hecht—representing three Armenian-Americans
whose ancestors owned 122.5 acres of land that was confiscated—told
the Metropolitan News-Enterprise:
“It is a sad day for Armenian-Americans when a U.S. court has stripped
them of all access to justice, refused to consider or even recognize
the extenuating circumstances of the Armenian Genocide, and left them
with no remedy against Turkey, which continues to hold and use their
stolen property with impunity.”
Mark Geragos of the law firm of Geragos & Geragos, who represents the
second group of plaintiffs, was quoted by the Metropolitan
News-Enterprise:
“The Turkish Lobby has bought and paid for the United States Executive
Branch and State Department for decades. Sadly the Judicial branch is
left with very few options to remedy the blatant mendacity of the
Turkish lobbying machine.”
The Court of Appeals took the easy way out by basing its decision on
the unconstitutionality of the California statute which had given the
plaintiffs more time to file their lawsuits. If the Court of Appeals
had based its decision on the occurrence of genocide, the issue of
time-limitation would have been irrelevant and would have ruled that
the Turkish government and its two banks are liable for confiscating
the Armenian properties.
I hope the attorneys for the Armenian-American plaintiffs will appeal
to the U.S. Supreme Court to reverse this unjust decision.
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2- Armenian Community Grieves Genocide Scholar Vahakn Dadrian
The Armenian scholarly community is grieving the loss of renowned
genocide researcher and author Vahakn Dadrian, who passed away on
August 2, 2019. He was 93 years old.
Vahakn Norair Dadrian was born on May 26, 1926 in Istanbul, Turkey.
“Vahakn Dadrian was born ten years after the Armenian Genocide,” noted
Armenian President Armen Sarkissian in his condolence letter to the
Dadrian family. “It is, probably, no accident that he dedicated the
major part of his life to genocide and especially the Armenian
Genocide studies, making a great contribution to the internalization
and the fight against denial of the Genocide through his valuable
monographies and publications,” wrote Sarkissian.
Over the course of his lifetime, Dadrian achieved degrees in
mathematics, philosophy, international law and sociology, studying at
the University of Berlin, University of Vienna, University of Zurich
and University of Chicago, respectively. His interdisciplinary
background coupled with his impressive mastery of six languages
(Armenian, English, French, German, Turkish and Ottoman Turkish)
supported his expertise of comparative genocide studies.
A Director of Genocide Research at the Zoryan Institute, Dadrian was
known for his voluminous writings on the Armenian Genocide including
his 1995 work, The History of the Armenian Genocide: Ethnic Conflict
from the Balkans to Anatolia to the Caucasus. Istanbul-Armenian member
of the Turkish Grand National Assembly Garo Paylan tweeted in Armenian
and Turkish that Dadrian’s book “played an important role in the
international recognition of the Armenian Genocide.”
In 2011, he co-authored Judgment at Istanbul: The Armenian Genocide
Trials with Clark University professor and historian Taner Akçam. In
his somber reflection on Facebook, Akçam recalled his formal remarks
during a 2005 event in New York City honoring his late friend and
invaluable, lifelong mentor. “There is no doubt that whatever
discussion we’ll have [in Armenian Genocide research field], it will
be built on the body of knowledge that Dadrian has provided for us,”
expressed Akçam.
There has been an outpouring of support and sympathy from admirers and
fellow scholars since Dadrian’s passing. He was a true trailblazer.
“More than anyone else at the time, Dadrian raised the study of the
Armenian Genocide to the academic level, and everyone who has come
after him is indebted to his work—even those who disagree with him,”
said Marc Mamigonian, National Association of Armenian Studies and
Research (NAASR) Director of Academic Affairs. “When we look at the
remarkable development of Armenian Genocide scholarship in the past
two decades, it must be understood that this was made possible by the
foundation created by Dadrian’s groundbreaking work.”
As Akçam put it, this “is a big loss for Armenians and humanity.”
Arguably the most influential authority figure in Armenian Genocide
research, Dadrian was “the master of us all whose hearts beat for
justice and humanity.” Among his numerous achievements is Ellis Island
Medal of Honor, U.S. Congress Medal of Esteem for Scholarship,
President of the Republic Prize Gold Medal of Armenia.
The Ararat-Eskijian Museum, in collaboration with the National
Association for Armenian Studies and Research and the Organization of
Istanbul Armenians, is organizing a “Celebration of Life” event. The
celebration will be held on Saturday, August 17 at 4 p.m., at the
Deukmejian Community Center at Ararat Home, located at 15105 Mission
Hills Rd, Mission Hills, CA 91345.
The event is open to the public and will be Live Streamed on the
museum’s website and Facebook page.
For more information, contact the Ararat-Eskijian Museum at (747) 500-7585.
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3 – Lawsuit Against Turkey Proceeds In US Federal Court
A lawsuit filed against the Republic of Turkey moves forward in the
U.S. District Court for the Central District of California following a
federal court order on July 11, 2019.
The lawsuit, Ghazarian et al. v. Republic of Turkey, alleges
violations of international law as well as statutory and common law
claims against Turkey due to conduct committed by Turkey’s agents in
the United States. The case stems from an attempt by an elderly
California man to exercise cultural and religious rights at sacred
pilgrimage sites in Turkey as an Armenian Christian. The federal court
previously expressed doubt that it had jurisdiction in the matter
under the Foreign Sovereign Immunities Act and ordered plaintiffs to
show cause as to why the case should not be dismissed.
Kerkonian Dajani LLC, which represents plaintiffs Barkev and Garo B.
Ghazarian in the case, filed a response brief addressing the
jurisdictional and sovereign immunity issues raised by the court.
Specifically referencing plaintiffs’ response, the U.S. federal court
did not dismiss the lawsuit and instead held, in its July 11 order,
that it would “defer a determination about its jurisdiction until
after Turkey has been served and had an opportunity to provide its
views on the issue.”
The complaint specifically alleges that Turkey’s agents harassed,
demeaned and degraded Barkev Ghazarian, an elderly man from Glendale,
Calif., because he sought to exercise religious and cultural rights in
Turkey as a native Armenian Christian in 2017.
It further alleges that Turkey’s agents interfered with the
inheritance of Garo B. Ghazarian, Barkev’s son, by thwarting his
father’s efforts to pass to him direct knowledge of such native
traditions as practiced by generations of Ghazarians at certain sacred
sites situated within the present borders of Turkey. Plaintiffs allege
that, in doing so, Turkey ensured that Barkev’s direct knowledge of
his family’s ancestral traditions and pilgrimage sites would not pass
to future generations of Ghazarians. According to the complaint, the
acts committed by Turkey’s agents were undertaken pursuant to a
specific policy of Turkey targeting native Armenian Christians.
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4- Commentary: Who Are Armenia’s Real Enemies From Within?
By Vic Gerami
In the first six months of 2018, nine women in Armenia have been
killed because of domestic violence. Between 2010 and 2017, more than
50 women have been killed at the hands of their intimate partners.
According to Zaruhi Hovhannesyan, Communications Director for the
Coalition to Stop Violence Against Women, more than 2,000 cases of
domestic violence are registered in Armenia. The Coalition alone, in
2017, registered 5,600 reports of domestic violence. The Special
Investigative Service in Armenia investigated 458 cases of domestic
violence in 2017.
How is it that most Armenians in Armenia and diaspora are not outraged
to see their sisters, mothers, cousins, and daughters beaten, abused
and harassed? How is it that the same people vilify, denounce and
commit hate-crimes against LGBT Armenians?
Why are gay Armenians treated with such disdain when the
aforementioned disturbing statistics show that largely heterosexual
men are a menace to society? How is it that Armenia is one of the few
countries where homophobia is just as rampant among women and younger
generations as it is with elders and men?
Why are queer Armenians scapegoated for breaking the ‘traditional
Armenian values’ when straight men are destroying their own families,
beating their wives, girlfriends, and daughters? Is wife-beating a
part of traditional Armenian values?
Where is the outrage? Why such hypocrisy? Why is the Church silent
while spewing homophobia? Where are Armenia’s ‘leaders’ to stop the
abuse? Nikol Pashinyan might be the new Prime Minister, but the band
plays on…women are beaten…LGBT are beaten… yet most still talk of
‘Armenian Values.’
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5- Civilitas / CivilNet Welcome New Director Apo Boghigian
The Board of the Civilitas Foundation has welcomed Apo Boghigian as
the foundation’s new director. Since its establishment in 2008,
Civilitas has pioneered civil society strengthening through open
public discussions and polling, reporting and analysis, collaborated
in cross-border activities and most notably, established the
ground-breaking, trendsetting media outlet, CivilNet.
Boghigian, who was born in Anjar, Lebanon, studied in Los Angeles, and
has lived in Armenia for 18 of the last 30 years, will head both
entities.
“CivilNet.am is now a globally recognized bilingual source for news
and analysis, a proud achievement of the Civilitas Foundation, which
was established precisely to bring meaningful change in Armenian
society. This work will expand and diversify under Apo Boghigian’s
able leadership and exceptional commitment to the ideals that drive us
— a fair society, a welcoming country where individuals can prosper
and contribute to humanity,” said Salpi Ghazarian, the founding
director of Civilitas.
Boghigian was a Candidate in Philosophy, studying with the late
Professor Avedis Sanjian, when he interrupted his doctoral studies in
Armenian literature to take on the position of editor-in-chief of the
Asbarez daily newspaper, in Los Angeles, in 1985. Under his
leadership, the newspaper grew to become one of the Diaspora’s two
most influential media outlets.
In 1990, in the last years of the Soviet Union, as the Karabakh
movement had ushered in a political awakening, and the call for
reunification and independence gained momentum, Boghigian repatriated
to Armenia to establish several media outlets, including the Yerkir
newspaper. He also set up the Armenian Revolutionary Federation Press
Office, which provided indispensable daily reports from the frontlines
of the Karabakh War and soon after, the newly independent Armenia. As
founding editor of Yerkir Daily, he adopted the principles of
independent journalism to satisfy an international public clamoring
for news and analysis from the region.
“The movement had awakened a whole nation,” he says. “I couldn’t, with
a clear conscience, appeal to the Armenian people to become a part of
it, while sitting in Los Angeles.”
Upon returning to the United in 2008, he assumed the editorship of
Asbarez once more, and expanded the newspaper’s capacity, reach and
coverage. He stayed with the Asbarez until August 2019.
“I always intended to return to Armenia. And to return as a member of
the CivilNet family is a compelling and meaningful opportunity. It is
also a huge responsibility. To be working among and to be defining a
vision with a group of committed young professionals is very
exciting,” says Boghigian.
With a staff of three dozen, CivilNet focuses on LIVE broadcasts,
investigative, as well as advocacy and solutions-based journalism.
Bilingual (Armenian and English) reporting, data-driven analysis from
all corners of Armenia, Karabakh, and the Diaspora are at the heart of
CivilNet’s work.
In 2013, CivilNet was the only Armenian media organization to report
from Syria. In 2018, 16 million people viewed CivilNet’s 24-hour LIVE
broadcast of the “velvet revolution”. In between, it was CivilNet’s
pioneering efforts to cover each of the small, targeted civil
protests, which culminated in the successful political transformation
of 2018.
“Civilitas was founded by former foreign minister Vartan Oskanian, at
a time when civil society work needed to expand and be more impactful.
Today, Civilitas can and will serve a new role as a center for
exploration and analysis. CivilNet is an integral part of that
operation to bring nuanced, complex understandings of the challenges
facing Armenians to the public, in Armenian and in English. Apo
Boghigian’s experience and passion are the perfect combination to
carry forward this mission,” concluded Ghazarian.
Boghigian will step into his new position on September 1, 2019.
“We are tremendously grateful to Apo for his unwavering commitment to
Asbarez, which can be seen in its daily growth and reach throughout
the community in the Western United States and throughout the world,”
said Avedik Izmirlian, the chairman of the Armenian Media Network,
Asbarez’s parent company. “We wish him the best of luck and success in
his future endeavors, knowing full well that he will continue the
pursuit of the just aspirations of the Armenian Nation and the
Armenian Cause, wherever he goes and whatever he undertakes.”
The Armenian Revolutionary Federation Western U.S. Central Committee
also extended its well wishes to Boghigian.
“We are grateful to Apo for his efforts in making Asbarez a unique
platform that rallied the community together around the ideals and
objectives of the ARF, and its goal to serve the Armenian people,”
said Dr. Carmen Ohanian, the co-chair of the ARF Central Committee.“We
wish Apo success in his future endeavors and are confident that the
newspaper will continue to expand and flourish because of the vision
and commitment he brought to the publication on a daily basis.”
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