Author: Nadirian Emma

ARMENIAN-AMERICAN LAWYERS AND LEADERS SHOULD COUNTER RULING OF APPEALS COURT
By Harut Sassounian

The California Courier
Aug 25, 2009

The U.S. 9th Circuit Court of Appeals issued an outrageous judicial
opinion last week, ruling that the California law that extended the
deadline for Armenian-Americans to sue life insurance companies for
unpaid claims from the Genocide-era was unconstitutional.

Furthermore, in a split decision, the Court made a sweeping
pronouncement claiming that the State of California had infringed on
the foreign affairs power reserved by the Constitution exclusively
to the federal government, just because the law in question included
a reference to the Armenian Genocide. Two of the three federal judges
asserted that Section 354.4 of the California Code of Civil Procedure,
adopted by the California Legislature in 2000, contravened the federal
government’s policy of not acknowledging the Armenian Genocide.

By adopting this law, the State of California intended to provide its
residents and others the opportunity to protect their legal rights
by allowing them until December 31, 2010 to file lawsuits against
foreign and domestic life insurance companies which had not paid
claims dating back to the Genocide era.

On the basis of this law, a class action lawsuit was filed against
New York Life Insurance Company which was settled in 2005 for million
dollars. A second class action lawsuit was filed against Axa, a French
life insurance company. It was settled for .5 million.

A third class action lawsuit was filed against Victoria Verisherung
AG and two affiliated German insurance companies in 2003. Father
Vazken Movsesian, Pastor of St. Peter Armenian Church in Glendale,
was the lead plaintiff.

The attorneys for the German companies contested the lawsuit and
filed a motion to dismiss. Federal Judge Christina Snyder rejected the
defendants’ contention by ruling that Section 354.4 did not infringe
on the federal government’s foreign affairs powers. The defendants
then filed an appeal claiming that the California Law "conflicts with
the Executive Branch’s policy prohibiting legislative recognition" of
the Armenian Genocide. They pointed out that the Administrations of
Presidents Bush and Clinton had opposed all three Armenian Genocide
resolutions submitted to the House of Representatives in 2000, 2003
and 2007.

Last week, the U.S. 9th Circuit Court of Appeals over-ruled Judge
Snyder, asserting that the California Law in question "impermissibly
infringes" on the jurisdiction of the U.S. government. Two of the
three judges of the Appeals Court, David R. Thompson and Dorothy
W. Nelson, sided with the German insurance companies. The third judge,
Harry Pregerson, sided with the Armenian plaintiffs, contending that
the State of California has the right to ensure that its residents
are fairly treated by insurance companies. He also asserted that he
could not find "any evidence of an express federal policy" forbidding
states from using the term "Armenian Genocide."

This Appeals Court ruling has very serious consequences for the
Armenian Cause, far beyond the issue of mere life insurance claims.

It was highly unusual that Judge Dorothy Nelson was absent from
the bench when attorneys from both sides were presenting their oral
arguments to the Court of Appeal. Given her apparent lack of interest
in this case, one wonders if she delegated viewing the videotape of
the hearing to her law clerks.

Armenian-Americans should call for the impeachment of Judges
Thomson and Nelson for legislating from the bench, falsely claiming
that Congress and individual states are "prohibited" from adopting
resolutions on the Armenian Genocide, and injecting political views
into their judicial opinion. It is incredible that judges who live in
Southern California — in the midst of the largest Armenian community
in the world — are so ignorant about the most basic facts of the
Armenian Genocide.

There are also serious errors in the opinion issued by the two
judges on August 20, 2009. For example, on page 11434, they claim
that "there is no citation or evidence in the record of these
other thirty-nine state statutes which purportedly reference
the "Armenian Genocide."" This statement is patently false. On
page 19 of the "Answering Brief" filed on April 30, 2008, the
plaintiffs’ attorneys provide the following citation: "To date,
thirty-nine states have formally recognized the Armenian Genocide
by legislation or proclamation. See, Armenian National Committee
of America, "Genocide Recognition by U.S. States’ Online at
" tes_map.php."

Judges Thompson and Nelson, in their eagerness to prove that California
contradicted the Executive Branch’s policy on the Armenian Genocide,
selectively refer only to the resolutions that had failed to come
to a full House vote. The judges do not mention the material fact
that in line with California’s statute 354.4, the U.S. House of
Representatives twice adopted resolutions on the Armenian Genocide
in 1975 and 1984, and Pres. Reagan issued a Presidential Proclamation
in 1981, acknowledging the Armenian Genocide.

These judges are also plainly wrong in claiming that the U.S. Congress
and individual States had interfered in the formulation of
U.S. foreign policy on the Armenian Genocide. The resolutions adopted
by 41 U.S. States and hundreds of proclamations issued by governors,
mayors, and county supervisors throughout America are commemorative in
nature, simply reaffirming the U.S. record on the Armenian Genocide and
urging the President of the United States to do likewise. Furthermore,
the U.S.

government does NOT have a policy of denying the Armenian Genocide.

Interestingly, the Appeals Court judges disclosed that Turkish
officials had made a sinister attempt to interfere in their
ruling. They stated that Nabi Sensoy, the Turkish Ambassador to the
United States, sent them a letter expressing his country’s strong
opposition to California statute 354.4, and asking the Court to
overturn it. The Turkish Ambassador had sent a similar letter earlier
to another Federal Judge, trying to interfere in a lawsuit by Armenian
plaintiffs against German banks. Although Judges Thomson and Nelson
assert that they ignored the Turkish Ambassador’s angry letter, it must
have surely reinforced their own view that California was intruding
into Washington’s conduct of foreign policy. It is simply appalling
that the Turkish government would try to stick its nose in a lawsuit
between Armenian-Americans and German insurance companies even though
the plaintiffs in this case neither accuse Turkish officials of any
wrongdoing nor make any demands from them. Similarly, the attorneys
for the German insurance companies have no business objecting to
whether California was infringing upon U.S.-Turkish relations.

The Law offices of Geragos & Geragos; Kabatek, Brown, Kellner LLP;
and Yeghiayan Law Firm — the attorneys for the plaintiffs — must
have realized by now that this is no longer simply a life insurance
issue dealing with the unpaid claims of their clients. This lawsuit
has now mushroomed into a case that calls into question the authority
of California and 40 other States to acknowledge the Armenian
Genocide. Furthermore, it is highly puzzling why the plaintiffs’
attorneys had not invited California’s Attorney General to file a
friend of the court brief to defend his State from accusations that it
had adopted a statute that ostensibly violated the U.S. Constitution.

Hopefully, this serious oversight would be remedied by requesting that
the State Attorney General file such a brief when the plaintiffs’
attorneys seek a rehearing of the case "en banc" by a larger panel
of the Court of Appeals.

Should all appeals fail, however, Armenians could lobby for the
adoption of a new California statute that would allow the filing of
lawsuits against foreign insurance companies, without the problematic
language.

For several years, this writer has been urging the Armenian American
community and its political leadership to stop pursuing the adoption
of additional congressional resolutions that simply repeat what was
already accomplished in 1975 and 1984, and to re-channel their efforts
to more productive legal demands from the government of Turkey through
U.S. and European courts. It is now clear that the repeated and failed
Armenian attempts to pass previously adopted resolutions may not only
be wasting valuable time and resources, but could also be detrimental
to the pursuit of Armenian legal claims.

Finally, Pres. Obama and several previous Presidents must bear their
share of responsibility for this unwelcome judicial development, given
the fact that they pledged to acknowledge the Armenian Genocide as
candidates and reneged on their promises, once in office. Pres. Obama
should be made aware of the serious legal consequences of his breach
of trust and asked to make good on his campaign promise.

Armenians and all those who believe in justice should urge the
establishment of a U.S. commission — similar to the one for Holocaust
victims — to settle all claims of properties and possessions arising
from the Armenian Genocide. Even though this would not be an easy task,
it would at least be the start of a tangible and meaningful process!

ARMENIANS EXPRESS DISMAY OVER "GENOCIDE INSURANCE" COURT DECISION

2009/0 8/25 | 12:13

Diaspora

A state law allowing heirs of victims of the Armenian genocide
to sue in state courts for unpaid insurance benefits was deemed
unconstitutional last week by a federal appeals court, setting off
a wave of local reaction.

A divided three-judge panel of the U.S. 9th Circuit Court of Appeals on
Thursday nullified the state law that allowed descendants of Armenian
genocide victims killed by the Ottoman Empire to request payment on
the life-insurance policies of relatives.

The panel said in its 2-1 decision that the law amounted to
unconstitutional interfering in U.S. foreign policy.

The same panel one day prior used similar reasoning to strike down a
state law meant to aid the inheritors of artwork allegedly stolen by
Nazis. Both of the laws extended the statute of limitations to file
claims to Dec. 31, 2010.

"Our position is it’s not just a stretch, it’s bordering on ludicrous,"
said Brian S. Kabateck, a Los Angeles lawyer representing the
plaintiffs, and whose maternal grandparents died in the genocide. "I
think these judges – the two judges that ruled against us – saw
it wrong."

Glendale priest Vazken Movsesian of St. Peter Armenian Church –
joined by the thousands of Armenians whose relatives were among the
1.5 million killed between 1915 and 1923 – filed their case six years
ago. The group sought a settlement of claims under policies issued by
German insurers Victoria Versicherung and Ergo Versicherungsgruppe,
as well as parent company Munchener Ruckversicherungs-Gesellschaft AG.

Rep. Adam Schiff, who as an assemblyman co-wrote the overturned
law, said he found the court’s reasoning perplexing. "It’s very,
very peculiar logic," he said. "I was very distressed to read the
opinion, and I think it’s an awful result." Kabateck, who indicated
he would appeal, said there is no conflict between the state law and
federal policy.

"The state has the right to reflect the will of its citizens, and in
this case it has already reflected that with laws that were passed,"
said Zanku Armenian, chairman of the Armenian National Committee
Glendale chapter. "A crime was committed back in 1915. What we are
trying to do is make sure that the U.S. government does not outsource
its foreign policy to a foreign government, in this case, Turkey. The
judges’ decisions in essence make the same mistake as the president
and the State Department."

"Clearly there was political pressure brought on these judges to
rule the way they did," Armenian said. "If the U.S. says ‘enough,’
what’s going to happen? The Turkish denial machine would crumble;
it would force them to start dealing with the truth."

TURKEY AND ARMENIA MAY SOON ACHIEVE BREAKTHROUGH WITH REGARD TO KARABAKH?

PanARMENIAN.Net
25.08.2009 11:30 GMT+04:00

/PanARMENIAN.Net/ "RA President may go to Turkey by plane if he
really wants to," Turkish Ambassador to Azerbaijan Hulusi Kilic said,
commenting upon Serzh Sargsyan’s interview to one of local TV channels,
where President stated that he will visit Turkey this autumn only
in case border is open or there is some progress in Armenian-Turkish
process.

"About 50 days are left till the match. If President is eager to
watch it, he is welcome to do that," Ambassador added.

Commenting upon possibilities of opening Turkish-Armenian border,
Ambassador said, "Progress in Karabakh settlement process may also
lead to breakthrough in Turkish-Armenian relations which are in frozen
state. However, they are expected to record certain progress in the
nearest future. And such progress is related to Nagorno Karabakh,"
"Interfax-Azerbaijan" quotes Ambassador as saying.

AzerNews Weekly, Azerbaijan
Aug 18 2009

Azeri films to be screened in Yerevan – report

18-08-2009 23:56:52

A festival of Azerbaijani films will be held in the Armenian capital
Yerevan in October, Arminfo news agency reported. The festival will be
organized by the Caucasus Center of Peace-Making Initiatives with the
support of the US embassy in Armenia.
Georgy Vanyan, the head of the Center, has told Arminfo that the
festival will feature movies of different genres, including feature
films, animated ones and documentaries. He claimed that 50 films
bidding for participation have been reviewed so far.
"We, ourselves, are trying to forge ties with young Azerbaijani
filmmakers through our partners and have already succeeded in
contacting several cinematographers."
He added that the key goal of holding the festival was to facilitate
dialog between Azerbaijan and Armenia.
The two South Caucasus republics have been locked in conflict for
nearly two decades.

WE ALL REMAIN ARMENIAN, MOSCOW-BASED ARMENIAN STUDENT PARTICIPATING IN COME HOME PROGRAM SAYS

Noyan Tapan
Aug 21, 2009

YEREVAN, AUGUST 21, NOYAN TAPAN – ARMENIANS TODAY. The participants
of the Come Home 2009 program’s second stage, Moscow Bauman State
Technical University student Lilia Dilanian, Moscow Lomonosov State
University students Anna Sahakian and Erna Gasparian were hosted by the
RA Ministry of Diaspora Information and Telecommunication Department.

The quality of Come Home program’s organization, the things they saw
and learnt within the framework of it made only good impressions on
Moscow-based Armenian students. Though E. Gasparian comes to Armenia
every year, she had never visited many of the sights she saw within the
framework of the Come Home program. "Besides patriotism, you are filled
with another unspeakable feeling when you realize that your ancestors
created those wonders many centuries ago," the Moscow-based student
said. Summarizing the opinion of the program participants she said:
"It was noticeable that we all are Armenian though the mentality of
the countries where they live has had an impact on the young people."

E. Gasparian suggested including meetings with Armenian-based
schoolchildren and students in the Come Home program, during which the
Diasporan young people will be further informed about the problems of
the local youth of their age. She also suggested developing information
contacts between the RA Ministry of Diaspora and Armenian organizations
of Moscow.

L. Dilanian especially liked the farewell event of program
participants, Sevan, Garni, Geghard. She gained new Moscow-based and
Georgian Armenian friends, but the time was not enough for making
friends with Diasporan young people from other countries. The fact
that she does not know Western Armenian also partly hindered it. The
Moscow-based student expressed a wish to learn Western Armenian. She
hopes that she will be able to participate in the Come Home program
next year, as well.

E. Gasparian did not have language problems and managed to make friends
also with young people who had arrived from European countries. She
wishes such projects as Come Home to be implemented as much as possible
for Diasporan young people to really wish to return to the Homeland.

L. Dilanian considered improbable returning to Armenia after graduating
from the university thinking that for a specialist of robototechnics
there are little opportunities to find a job here. While she had no
information about companies functioning in that and adjacent spheres
in Armenia.

A. Sahakian being on the way of becoming a specialist of international
relations has firmly decided to return to Armenia as she wishes to
pave her professional way by the rules of her native country. And
future translator E. Gasparian believes that one can find a job in
Armenia if he wants.

REPRESENTATIVES OF ARMENIAN TOURISM AGENCIES TO PAY COGNITIVE VISITS TO ARTSAKH

armradio.am
18.08.2009 16:42

NKR authorities suggested Armenia to arrange a cognitive visit to
Artsakh for the representatives of tourism agencies. The project was
affirmed and the first group of tourists left for one-week visit
to Artsakh. Everybody knows it is very expensive to take a rest
in Armenia. The prices of hotels fluctuate from 15 000 to 130 000
AMD. Nevertheless, tourism goes on increasing in our country. As it
turns out rest in Artsakh is expensive too.

However it is necessary to develop the inner tourism. "We have never
been in Artsakh, and by all means we must see it, we must see what are
we struggling for," said one of the travelers. Yesterday the first
group of 61 tourists left for Artsakh. They will visit Stepanakert,
Shushi, Gandzasar and Amaras.

PRESS RELEASE
Catholicosate of Cilicia
Communication and Information Department
Contact: V.Rev.Fr.Krikor Chiftjian, Communications Officer
Tel: (04) 410001, 410003
Fax: (04) 419724
E- mail: [email protected]
Web:

PO Box 70 317
Antelias-Lebanon

THIRD ECUMENICAL FORMATION SEMINAR BEGINS IN ST MARY’S MONASTERY IN BIKFAYA
(LEBANON)

For the third time more than eighty representatives of Dioceses, Sunday
School and Youth Movements, and ecumenical staff working on different levels
of the Catholicosate of Cilicia is meeting in Bikfaya 10 to 17 August 2009.
The programme includes Bible Studies, presentations on the Armenian Church,
its Traditions, Liturgy and History, Ecumenism and Interreligious Dialogue.
In addition, at the end of each day the representatives from Lebanon, Syria,
Cyprus, Greece, Iran and North America are sharing their experiences,
concerns, problems and expectations related to the topics.

On Tuesday 11 August the meeting began with a Matin Service in St. Mary’s
Chapel. After welcome and introductions the Director of the Office of
Ecumenical Relations Bishop Nareg Alemezian introduced the programme and
thanked the "Punic Humanitarian Foundation" for its financial contribution
to the seminar. Dr. Nora Bayrakdarian-Kabakian explained the purpose of the
seminar. Following these presentations, His Holiness Aram I gave his
blessings and said that the goal of this formation seminar is not only to
receive information but also to learn to communicate, share, listen,
participate and contribute to ecumenical thought. He added that these
seminars should remind us that we are all ‘students’ always learning because
our societies and the world around us is changing constantly, and that for
us ecumenism is not representation but contribution.

##
View the photos here:
tos/Photos392.htm
*****
The Armenian Catholicosate of Cilicia is one of the two Catholicosates of
the Armenian Orthodox Church. For detailed information about the Ecumenical
activities of the Cilician Catholicosate, you may refer to the web page of
the Catholicosate, The Cilician
Catholicosate, the administrative center of the church is located in
Antelias, Lebanon.

N. ZOHRABYAN AND A. BOZHKO ATTACHED IMPORTANCE TO THE COOPERATION BETWEEN THE PARLIAMENTARY DELEGATIONS OF THE TWO COUNTRIES IN INTERNATIONAL INSTITUTIONS

ARMENPRESS
Aug 11, 2009

YEREVAN, AUGUST 11, ARMENPRESS: The President of the Permanent
Commission on integration issues of the National Assembly of Republic
of Armenia Naira Zohrabyan received today Ukrainian Ambassador to
Armenia Alexander Bozhko.

NA public relations department told Armenpress that during the meeting
issues on European integration considered to be a dominant for the
external policy of the two countries, as well as issues concerning the
cooperation between the member-states of the EU "Eastern Partnership"
program within the framework of the project.

N. Zohrabyan and Ambassador A. Bozhko attached importance to the
activation of relations on different levels between the two countries,
as well as to the development of parliamentary diplomacy, the necessity
of exchange of experience in legislative and other spheres. Referring
to the position adopted by Ukraine in some issues within the framework
of GUAM organization, Zohrabyan noted that they give a way to trouble
and expressed hope that Ukraine will display much more balanced
position in the issues dominant for Armenia.

N. Zohrabyan expressed confidence that any problem and issue is
possible to solve by mutual discussions. She noted as well that
the memorandum signed on inter-parliamentary cooperation between
the Armenian National Assembly and the Ukrainian Supreme Rada,
doesn’t serve to its aim. She noted that it is necessary to undertake
relevant steps to bring to life the aspects fixed in the memorandum,
particularly, in the issues of cooperation between the parliament
delegations of the two countries in international institutions.

The sides attached importance to the role of parliamentary diplomacy
in overcoming numerous wrinkled issues and came to an agreement that
it is necessary to pass to much more practical steps in that sphere
from ceremonial nature.

Naira Zohrabyan and Alexander Bozhko shared the same viewpoint that
though there are certain issues, nevertheless, for the two countries
such kind of merits are dominant, around which it is possible to
develop the further cooperation.

PRESIDENT SERZH SARGSIAN IS ON TWO-WEEK HOLIDAY

Noyan Tapan
Aug 11, 2009
YEREVAN

YEREVAN, AUGUST 11, NOYAN TAPAN. RA President Serzh Sargsyan leaves
on two-week holiday on August 11. It is stated by the RA President’s
Press Office. According to the same source, Serzh Sargsyan will pass
some days of his holiday abroad and will pass the rest of them in
the Republic of Armenia.

THE NUMBER OF THE NEW TYPE FLU VICTIMS IS 1362

Aysor.am
Aug 6 2009
Armenia

During the last 2 days in the whole world the death cases from the
A/H1N1 has been added with 100 and have made 1362 people.

The amount of the infected also increases quickly. If on August 3
there have been registered 188139 cases of infections, today they have
reached 193574. In Russia at present officially have been registered
55 cases of A/H1N1, 12 in Georgia, 2 in Azerbaijan and 0 in Armenia.

The Great Britain is considered to be the most dangerous country in
reference to A/H1N1.