Author: Emil Lazarian

FRENCH VIEW OF HISTORY THREATENS TRADE WITH TURKEY
by: Nicolas Cheviron
Agence France Presse — English
May 15, 2006 Monday 3:06 AM GMT
French businessmen in Turkey are bracing for a vote in their country’s
National Assembly this Thursday that could prove disastrous for trade.
France’s Socialists have stirred up a very sore point in relations
with Turkey over an issue that dates back to World War 1, when hundreds
of thousands of Armenians perished.
At stake for French business is an estimated 9.6 billion dollars
worth of French-Turkish trade.
The Socialists want to punish anyone who denies that a crime of
genocide was committed by Turkish troops, and have submitted a bill
proposing five years jail and a 45,000-euro ((57,000-dollar) fine
for those denying genocide.
The Turks have always denied that genocide occurred, and are already
furious with the French over their view of history.
In 2001 the French National Assembly seriously antagonised Turkey
by passing legislation officially declaring that the tragedy between
1915 and 1917 was to be regarded as genocide.
The Turks concede that there were many deaths 90 years ago but resist
the legal term “genocide”, a word which is poison here. They insist
the Armenians were instead the victims of a terrible war.
Massacre and deportations of Armenians claimed 1.5 million lives,
according to the Armenian side. The Turks say no more than some
300,000 died.
Last Wednesday Turkish Prime Minister Recep Tayyip Erdogan appealed
to France to block the contentious new bill, warning of the threat
to relations posed by it.
France, with the largest expatriate Armenian population in Europe,
has a special interest in the Armenians’ fate.
But Luc de Noirmont, head of the major French retailer Carrefour,
appealed to his country’s legislators to “be guided by reason.”
In fact political observers predict that the bill is likely to fall
because the opposition will not be able to muster enough votes on
Thursday.
But French executives are still nervous and will be able to heave a
sigh of relief only when Thursday is past.
For they have been feeling the heat in the run-up, as Turkish tempers
rise at the very mention of the proposals of French Socialists.
Several French companies including the electronic and hi-tech
giants Thomson and Alcatel have already been deliberately kept out
of invitations to tender by Turkish authorities, and a clamour has
arisen in Turkey for a boycott of French goods.
“In 2001, the effects of the (French) genocide law were diluted by
the fact that Turkey was going into serious economic crisis,” said
Francois Sporrer, head of the French economic mission in Istanbul.
Bilateral trade fell in any case because of this crisis, with French
exports plunging from 3.53 billion dollars in 2000 to 2.28 billion
dollars in 2001, according to figures of the national statistical
institute here.
But things are different now. Five years on, Turkey has made a
comeback, notching up new growth records of 5.9 percent 2003, 9.9
percent in 2004 and 7.6 percent last year.
“Few countries are experiencing an economic boom comparable to that
of Turkey at present,” said the head of Carrefour.
“This time the consequences will be more serious,” warned Esref
Hamamcioglu, Turkish director of the French catering group Sodexho.
“The government is better organised and feels stronger especially since
we have become official candidates for entry into the European Union.”
And Yves-Marie Laouenan, head of the French chamber of commerce in
Turkey, issued a warning.
“It’s going to be worse this time. If the bill is passed, going
to France and saying there was no genocide would be like mark of
patriotism.”
“The most serious thing that happened in 2001 was an underhand form
of boycott applied by individuals inside government, especially
the customs who took it upon themselves to defend national honour,”
he recalled.
The 430-member Turkish chamber of commerce has intensified appeals
to French leaders including a letter to President Jacques Chirac,
urging them to abandon Thursday’s vote.
From: Emil Lazarian | Ararat NewsPress

DU NEGATIONNISME CONSIDERE COMME UNE ATTEINTE A L’ORDRE PUBLIC
par Sevane Garibian
Le Monde, France
12 Mai 2006
La loi du 29 janvier 2001 sur la reconnaissance legislative
du genocide armenien de 1915 est, en l’etat, un texte de nature
simplement declarative. Geste politique fort, mais a charge juridique
nulle, face a un negationnisme actif et organise de la part d’une
Turquie candidate a l’integration europeenne dont la virulence s’est
publiquement exprimee, une fois de plus, recemment a Lyon. Depuis
l’annonce d’un debat a venir au Parlement sur un texte relatif a
la penalisation de la negation du genocide armenien, les pressions
d’Ankara sont vives, menacant la France de “consequences irreparables”
sur les relations bilaterales.
Le 10 mai, la commission des lois de l’Assemblee nationale a rejete de
fait la proposition de loi socialiste, mais le debat parlementaire peut
encore avoir lieu si les deputes le decident par un vote a main levee.
Pour des raisons evidentes, il n’y a pas lieu de repondre au discours
negationniste, mais un tel debat pourra etre l’occasion de revenir
sur les critiques dont font l’objet les textes de loi reprimant
la negation de genocide. Selon les detracteurs de ces lois – en
particulier le collectif Liberte pour l’histoire, qui se declare
“profondement choque” par la discussion prevue le 18 mai -, de
tels textes seraient contraires aux valeurs democratiques ; ils
entraveraient la liberte d’expression du fait de l’immixtion des
juges dans le travail des historiens.
Il est utile de rappeler que l’adoption de lois visant a prohiber
la negation de genocides attestes par les historiens et reconnus
comme tels n’equivaut pas permission aux tribunaux d’intervenir sur
la qualification d’un evenement historique. Ce qui importe au juge
dans les affaires de contestation de crimes contre l’humanite, ce
n’est pas la question de savoir si ce que dit l’historien est vrai,
mais celle de savoir si son travail et ses allegations revèlent une
intention de nuire ou repondent au devoir d’objectivite et aux règles
de la bonne foi.
En d’autres termes, le rôle du juge, en l’espèce, est identique a celui
du juge confronte a l’histoire dans le cadre d’un procès en diffamation
: si la pratique historienne est une remise en cause permanente des
evenements, elle ne permet pas pour autant a l’historien de confondre
jugement de valeur et jugement de realite.
La liberte du scientifique ne rime pas avec son irresponsabilite. Ce
que condamne le juge, le cas echeant, ce n’est pas d’avoir pense
differemment, c’est de profiter de la legitimite conferee par le debat
scientifique et le statut d’historien pour soutenir une ideologie
negationniste.
Surtout, l’element le plus determinant afin de comprendre la raison
d’etre de tels textes reste le caractère potentiellement dangereux
pour l’ordre public, dans une democratie, des propos reprimes par
la loi. Ce danger peut provenir de discours mensongers en tant
qu’expression d’une propagande antisemite, raciste ou haineuse,
en particulier lorsque l’on percoit la negation comme atteinte a la
sauvegarde de la dignite humaine.
Tout d’abord, si la dignite de la personne humaine est bafouee par
l’execution de crimes contre l’humanite, quels qu’ils soient, elle
l’est aussi par la contestation de ces memes crimes generalement
consideree comme l’etape ultime de tout processus genocidaire :
“Le negateur fait au temoin ce que le bourreau fait a la victime”
(Frederic Worms). Ensuite, et dans la continuite de l’observation
precedente, la sauvegarde de la dignite humaine est, en France, non
seulement un principe a valeur constitutionnelle depuis les decisions
du Conseil constitutionnel du 27 juillet 1994, mais aussi, selon le
Conseil d’Etat, une “composante de l’ordre public”. Le principe du
respect de la dignite apparaît aussi regulièrement, depuis 2000,
comme une limite a la liberte d’expression en matière de presse,
erigee en tant que telle par la Cour de cassation – sans compter
l’usage très large qui en est fait par les juridictions ordinaires.
Enfin, il est important de souligner que le principe du respect
ou de la sauvegarde de la dignite humaine a une portee a la fois
individuelle et collective. Droit de l’individu, certes, la dignite
est avant tout un droit propre a la personne en tant que membre de la
communaute humaine. Sa portee collective est d’autant plus evidente
et essentielle en matière de crime contre l’humanite et/ou de leur
negation. Le concept meme de crime contre l’humanite (et a fortiori
de negation de crime contre l’humanite) comprend en son sein cette
idee-force.
Ainsi, contrairement a ce que laisseraient penser certaines critiques,
ce n’est pas tant l’adoption d’un texte de loi visant a penaliser la
negation du genocide des Armeniens, sur le modèle de la loi Gayssot,
qui est difficilement conciliable avec les exigences d’une societe
democratique. C’est la negation en tant que telle. La negation
comme atteinte a l’ordre public et, plus fondamentalement encore,
au droit au respect de la dignite humaine dans sa portee collective ;
c’est-a-dire un droit qui exprime la solidarite entre les humains et
fonde le principe meme de leur egalite. Un droit dont la reconnaissance
merite protection.
Sevane Garibian est juriste, doctorante en droit public a l’universite
Paris-X-Nanterre.
–Boundary_(ID_bfM ypGbyEbV8OtzDH/UUXA)–
From: Emil Lazarian | Ararat NewsPress

PASSIONS SOOTHED IN THE YSU
A1+
[08:47 pm] 15 May, 2006
During the elections of the Yerevan State University rector which took
place in the University hall Aram Simonyan was elected rector. 41 of
the 72 members of the University Council voted for him. Dean of the Law
faculty Gagik Ghazinyan received 24 votes, four people voted against
both candidates and one member was not participating in the elections.
“The election was held in a friendly atmosphere, following all the
corresponding rules. 50 days is a good period for people to revise
their decisions”, President of the YSU Council, Defense Minister
Serge Sargsyan said. Let us remind you that on March 22 none of the
candidate received the necessary amount of votes.
Immediately after the results were announced Gagik Ghazinyan left
the University and we failed to learn his opinion.
And rector Aram Simonyan answered all the questions of the journalists,
“I think the election was held in a democratic atmosphere. I was
content with the March 22 elections, and I am content now. No,
actually I did not expect that I would be elected”. He was not worried
by the fact that the President of the Council is Serge Sargsyan,
“I think his presence is good for the University. He knows that we
have expectations for him”.
After the previous elections several changes were introduced into the
council. On May 11 by the decision of Prime Minister Andranik Margaryan
seven members of the Council were changed according to the 5th part
of the 77th article of the RA Law. The President of the Council said,
“This question is not intended for me as I am not responsible for
the changes. But I must say that the changes correspond to the law
and questions are improper here”.
It is noteworthy that during the previous elections Gagik Ghazinyan’s
votes prevailed and he was not elected because of one vote only.
From: Emil Lazarian | Ararat NewsPress

PUBLIC OFFICIALS OFFER A SURPRISE TO TRADESMEN
Panorama.am
13:43 15/05/06
Yerevan municipality officials accomplished their plan in prohibiting
street trade after their visit to central streets and avenues of
the city.
At this point they are going to offer surprises to tradesmen on the
streets, Arman SAHAKYAN, deputy mayor, told a briefing today. “We
organize inspections together with Yerevan municipality trade and
service department and police officers,” he said.
They confiscated ice cream and juice boxes in the second phase of
the inspection. About 217 sites were inspected by May 1, violations
recorded in 165 of them. The city authorities fined the tradesmen in
the amount of 4 mln 507 thousand drams as a result of checks. Most
of the money ran from Kentron and Arabkir communities.
Despite of what the deputy mayor says, passers-by notice that street
trade continues in Yerevan streets.
From: Emil Lazarian | Ararat NewsPress

SECOND STAGE OF SEARCH OF CRASHED A320’S BLACK BOXES LAUNCH
By Ruzan Poghosian
AZG Armenian Daily
16/05/2006
Aleksander Davidenko, head of RF Transport Ministry’s Federal Agency
of Marine and River Transport, stated that “Cheleken” ship began
taking samples out of the water, where the airbus plunged. He added
that “Navigator” ship will continue the search in the place of the
crash. It is envisaged that marine research equipment will be taken
on the board of “Navigator” to get concrete data on the signals that
come from the seabed. The specialists state that the first stage of
the search works is completed. “We have elaborated the information we
had in the first stage and that will help to begin the second stage of
the search works. We expect soon to find the “black boxes.” Davidenko
said, adding that they will look for more powerful marine research
equipment in all the countries of the world to successfully complete
the search works.
The specialists state that though they know where the signals come
from, that will be very hard to take the “black boxes” out of the
seabed.
From: Emil Lazarian | Ararat NewsPress

SENTENCING RESCHEDULED IN PONZI SCAM TARGETING ARMENIAN-AMERICANS
City News Service
May 1, 2006 Monday 11:46 AM PST
Los Angeles
Sentencing has been rescheduled to June 14 for a Van Nuys man who
ran an investment scam that primarily targeted Armenian-Americans and
took in nearly $20 million, the U.S. Attorney’s Office announced today.
Melkon Gharakhanian, who authorities say also used the name Mike
Garian, pleaded guilty in January to one count of mail fraud.
If U.S. District Judge George Schiavelli follows the recommendations
in a plea deal between Gharakhanian and prosecutors, the 43-year-old
defendant could be sentenced to two to four years behind bars.
Gharakhanian admitted that between 1999 and 2001, a Glendale investment
firm that he and others ran, National Investment Enterprises Inc.,
took money from people who believed they were investing in specific
stocks — including initial public offerings for Internet businesses
and other high-tech companies.
Contracts and other documentation seemed to back up that assertion,
the plea agreement states.
In reality, investor funds were used to buy non-liquid stocks that
were never listed on account statements, according to the court
document. Investor money was also being used to pay returns to other
investors in what is known as a Ponzi scheme.
Some of the investor money also went to pay salaries and other expenses
for National Investment Enterprises, the plea deal states.
Although some of the investors were paid more money than they invested,
Gharakhanian and prosecutors have agreed that the amount victims lost
in the scam was between $2.5 million and $10 million.
Beyond that range, the amount remains in dispute, and a judge must
make a finding on the issue. The total amount that victims lost in the
scam will be a major factor in how long a prison term is recommended
under advisory sentencing guidelines.
Under the law, the maximum term that could be imposed for the mail
fraud count would be five years.
In addition to the prison time, Gharakhanian will likely be ordered
to pay restitution to his victims. However, the lead prosecutor in
the case, Assistant U.S. Attorney Michael Wilner, said a previous
$2.6 million judgment against Gharakhanian — stemming from a related
U.S. Securities and Exchange Commission civil action — has so far
been unrecoverable.
From: Emil Lazarian | Ararat NewsPress

UCLA CONFERENCE ON ARMENIA’S ECONOMIC DEVELOPMENT
ArmRadio.am
15.05.2006 13:28
“Armenia: Challenges of Sustainable Development” was the theme of an
international conference at the University of California, Los Angeles,
on May 6.
Specialists in economics, finance, and public policy assessed
the achievements and shortcomings of Armenia in economic growth
and poverty reduction and issues related to tax revenues, business
investment climate, and financial sector development.
The conference was organized by the Armenian Educational Foundation
Chair in Modern Armenian History at UCLA and the Armenian International
Policy Research Group, with support from the UCLA Center for Near
Eastern Studies and Department of Economics.
From: Emil Lazarian | Ararat NewsPress

TURKISH AMBASSADORS TO FRANCE AND CANADA RETURN TO THEIR POSTS
PanARMENIAN.Net
15.05.2006 13:48 GMT+04:00
/PanARMENIAN.Net/ Turkish Ambassadors to France and Canada Osman
Koruturk and Aydemir Erman, recalled to Ankara for a short term for
consultations, returned to their posts. “The return of Ambassador to
France Osman Koruturk after a few days of consultations in Ankara
is Ankara’s hint to Paris that it wants to mitigate the diplomatic
tension with France,” writes the Turkish Daily News.
At the same time well-known Turkish journalists Mehmet Ali Birand
believes that “each day Armenians advance more in their statements
over the Armenian Genocide.”
“The ring gradually tightens around Turkey and we only have an observer
status. We become gradually isolated and we do not take any measures
to influence the situation. We missed the train. From this moment on
we should take steps that are most important, most influential and
demand much political courage,” he emphasized.
From: Emil Lazarian | Ararat NewsPress

A-320 RECORD BOXES WILL BE RAISED TOMORROW
A1+
[02:53 pm] 15 May, 2006
The works of raising the record boxes of the Armenian plane A-320
will start tomorrow, on May 16. Today the whole equipment necessary
for the work is being prepared in Sochi. The process will last about
2-3 days. The rest will depend on the weather conditions.
It is presumed that the record boxes are 496 meters deep under the
water, five meters far from each other.
From: Emil Lazarian | Ararat NewsPress

NO ARMENIANS THIS TIME
A1+
[03:30 pm] 15 May, 2006
For the last few years human trafficking has been developing
in Sweden. This time fortunately there are not Armenian
victims. Journalist Stephen Lisinski who highlights juridical issues
informed the correspondent of “A1+” in Kalmar that during his yearlong
activity he has not come across crimes connected with Armenians.
His last investigations were connected with the murder of Anna Link,
the Swedish Foreign Minister and the disappearance of 104 Chinese
children. “These children were victims of trafficking. They arrived
in Sweden from Beijing, with false passports. This is organized crime
and the organizers took into account the fact the in contrast to
other European countries Sweden has a more relaxed attitude towards
teenagers. They are not locked, and if they have a Schengen visa,
they can travel freely.”
Two Chinese citizens of Sweden have been arrested with the accusation
of selling the children, but only seven of the 104 children have been
found by now. Stephen Lisinski is convinced that the children have
either been forced to engage in prostitution or killed in order to
sell their organs. He did not give further details as the preliminary
investigation is still under way and the facts cannot be considered
official.
From: Emil Lazarian | Ararat NewsPress