Euro Mins of Justice: Putting victims’ rights on paper and practice

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European Ministers of Justice: Putting victims’ rights on paper and into
practice

Yerevan, 13.10.2006 – The Ministers of Justice of the 46 member states
of the Council of Europe today recommended taking measures to improve
assistance to victims, to reduce the chances of their also being victims
of administrative procedures and red tape, and to facilitate their
rehabilitation and compensation for the damage suffered.

Meeting in Yerevan with the Armenian Minister of Justice Davit
Harutyunyan in the chair, the European Ministers present stressed the
need to identify good practices in terms of civil and administrative
remedies to protect victims’ interests (such as legal aid and advice)
and in terms of public and private insurance schemes.

They also called on the Council of Europe to pursue its work against
domestic violence by looking into the need for and feasibility of a
further legal instrument, specifically on violence against partners.

Welcoming the drafting of a European convention against the sexual
exploitation of children, the Ministers pointed out that it was
important for it to include victims’ rights, as does the European
Convention against trafficking in human beings (2005).

The Armenian Prime Minister Andranik Margaryan was present at the
opening of the conference.

The text of the resolution adopted by the conference is available on

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Mechanisms Of Protecting Crime Victims’ Rights Discussed In Yerevan

MECHANISMS OF PROTECTING CRIME VICTIMS’ RIGHTS DISCUSSED IN YEREVAN
By Tamar Minasian

AZG Armenian Daily
13/10/2006

The ministers of justice of the Council of Europe’s 46 member states
will meet in Yerevan on 12 and 13 October to find new ways of promoting
and developing support and assistance to victims, facilitating their
access to justice and ensuring that victims of crime do not also
become victims of administrative procedures and bureaucracy. In a
joint press conference with CE Director General of Legal Affairs,
Guy de Vel, two days ago, Armenian justice minister Davit Harutyunian
presented details and expectations from the conference.

Armenia’s expectations from the two-day "Victims: Place, Rights and
Assistance" conference are connected with exchange of experience,
Mr. Harutyunian said. "We should not repeat the others’ mistakes,"
the minister said.

Mr. Guy de Vel informed that the conference will focus on the victims
of family violence and will try to create mechanisms of financial
assistance. Though he did not know numbers of family violence victims
in our country CE Director General of Legal Affairs was sure that
prevention is important.

"If different crimes can be understood in 21st century as pursuing for
financial ends, then family violence today is unacceptable," Davit
Harutyunian said. Our country is interested in Europe’s experience
in intermediary reconciliation process.

Rehn Warns France Against Adopting Armenia Genocide Law

REHN WARNS FRANCE AGAINST ADOPTING ARMENIA GENOCIDE LAW
By Mark Beunderman

EUobserver.com, Belgium
Oct 10 2006

EUOBSERVER / BRUSSELS – EU enlargement commissioner Olli Rehn has
warned France on its planned adoption of a law making it a crime
to deny the Armenian genocide, saying it may mean that people could
"end up in prison in an EU member state" for expressing their views.

The French parliament will on Thursday (12 October) vote on a law
proposed by the country’s socialists which would penalise the denial of
the 1915 Armenian genocide, in a move which has sparked anger in Turkey
and strong concern in the European Commission and European Parliament.

Mr Rehn told Reuters on Monday (9 October) that the proposed
legislation risks impairing relations between the EU and candidate
member state Turkey, where public opinion largely denies that a
genocide took place under the rule of the Ottoman Turks.

"The French law on the Armenian genocide is of course a matter for
French lawmakers, but there is a lot at stake for the European Union
as well, and the decision may have very serious consequences for
EU-Turkey relations," Mr Rehn said.

"Such a law would have counter-productive consequences because it would
say to the Turks that there is nothing to discuss. Here you have the
final truth and if you happen to deny it you end up in prison in an
EU member state," he added.

"This would put in danger the efforts of all those in Turkey –
intellectuals, historians, academics, authors – who truly want to
develop an open and serious debate without taboos and for the sake
of freedom of expression."

The commissioner’s unusual criticism of free speech legislation in
an EU member state – instead of in candidate states – follows strong
remarks by Turkish prime minister Tayyip Erdogan who recently asked
if he would be "put in prison" if he were to visit France and said
there was no genocide.

MEPs wade into debate Meanwhile, the draft French law has also
started to raise tempers in the European Parliament, with one of the
parliament’s senior experts on Turkey warning that the freedom of
speech in the EU is under threat.

Joost Lagendijk, Dutch Green MEP and chair of the parliament’s
delegation to the joint EU-Turkey parliamentary committee, told
EUobserver that EU efforts to promote free speech in Turkey are being
made "less credible" by the French legislation.

"The EU is rapidly developing a perception problem in Turkey," Mr
Lagendijk said.

"If we ask Turkey to ensure the freedom of expression we cannot have
a situation where at the same time, people could end up jailed for
their views in Europe. Freedom of speech is at stake here."

The Dutch MEP was referring to the EU’s efforts to get Ankara to
change the notorious article 301 in its penal code, which penalises
"insulting Turkishness."

The article has been frequently used to bring charges against writers
and intellectuals – most recently the novelist Elif Safak – who in
one way or another question the prevailing Turkish view that there
was no Armenian genocide.

Was there a genocide?

Mr Lagendijk said he himself is not sure there was a real "genocide"
against the Armenians, saying that "serious historians have questioned"
whether "there was a deliberate campaign aimed at eradicating the
Armenian people, causing 1.5 million victims."

"I am among those who believe hundreds of thousands of people died in
a horrible way, but who are not sure there was a deliberate attempt
at murdering an entire people," he said.

The remarks have infuriated French MEPs, with centre-right deputy
Patrick Gaubert saying Mr Lagendijk’s comments are "unacceptable."

"I am really shocked," he said. "This gentlemen should start to
read history books. Everybody knows and nobody doubts that this was
a genocide."

Defending the proposed anti-denial law, he said "Europe is a continent
where freedom of speech is guaranteed in an extraordinary manner. But
free speech ends when the memories of a people are abused and their
feelings are suffering from lies."

‘No discrimination between genocides’ "There are certain subjects
where you have to show caution, pity and respect for those who have
suffered – like also in the case of the Jewish Holocaust," he added,
the public denial of which is already illegal in France and Austria.

Martine Roure, a French socialist MEP, said that Mr Lagendijk is
"wrong."

"There is already a provision in French law against denying the Shoah
[the Holocaust]. This does not mean that people are being sent to
prison for that – they just receive a moral condemnation."

"We cannot discriminate between genocides," she said ahead of
Thursday’s vote in the French parliament.

Abkhazia: Land In Limbo

ABKHAZIA: LAND IN LIMBO
George Hewitt

Open Democracy, UK
Oct 10 2006

The unrecognised republic of Abkhazia lies at the heart of the
Georgia-Russia dispute. George Hewitt, leading scholar of Abkhazian
language and identity, considers how the Abkhaz today view their
own future.

Georgia’s president Mikheil Saakashvili introduced John McCain,
leader of a senatorial delegation to Tbilisi in September 2006, as
"the next president of the United States," a compliment repaid by
McCain’s styling the Georgian people America’s "best friends." As the
senators bade Georgia farewell some days later, they expressed the
hope that the peoples of the two territories which have maintained a
precarious immunity from Tbilisi’s grasp since the conflicts of the
early 1990s would "soon learn what it means to live in freedom."

In offering this view of Abkhazia (which the senators did not visit)
and South Ossetia (which they did), leading figures in Washington
demonstrate (once again) an abiding ignorance of the cause they
proclaim. A month later, the Abkhazians in particular are left to muse
on the political calculations behind such visits: and on how far the
current crisis threatening their small republic might owe something
to stage-management by a US administration working closely with the
tyro politicians who head the government of the Georgia from which
the Abkhazians broke away in the 1992-93 war.

George Hewitt is professor of Caucasian languages at London’s
School of Oriental & African Studies (SOAS). Among his many works
are "Peoples of the Caucasus" (in Felipe Fernandez-Armesto, ed.,
Guide to the Peoples of Europe (Times Books, 1994) and (as editor)
The Abkhazians, a handbook (Routledge, 1998)

Also by George Hewitt in openDemocracy:

"Sakartvelo, roots of turmoil" (27 November 2003)

To explain why Abkhazians may think in this way, and to understand
how they see their present situation and future, a return to this
earlier period is essential. At the end of September 1993, as the
Georgian-Abkhazian war ended with the flight of the Georgian fighters
and many of the largely Mingrelian population who sympathised with
Tbilisi’s claim to the territory, the Abkhazians never re-established
control over a part of their homeland. This was the upper Kodor
(Kodori) valley, repopulated in the latter half of the 19th century
(after the migration to Ottoman areas of the native population)
by another Georgian-related people called Svans, who expanded from
their own valleys in Georgia.

Some informed observers believe that the Russians then planned
(under a proposal of then defence minister Pavel Grachev, which in
the event was rejected by then leader of the Georgian state council,
Eduard Shevardnadze) to make permanent the de facto partition of
Abkhazia at the Gumista river, just north of the capital Sukhum
(Sukhumi). To further this aim, it is alleged that the Russians
threatened to bomb the Abkhazians if they continued up the Kodor
towards the Klukhor pass, in case this might spread unrest among the
residents of Russia’s north Caucasian republic of Karachay-Cherkessia
(Russians had already reportedly bombed the village of Eshera,
behind the Abkhazians’ frontline, as the latter began their final
push against the Georgians). The valley, thus, remained notionally
under Tbilisi’s control – though, like Georgia’s own Svanetia region,
it mostly remained a law unto itself.

The Abkhaz-Georgia war was officially terminated by the Moscow
accords of 1994, which provided for a demilitarised zone along the
Ingur river to be supervised by Commonwealth of Independent States
(CIS) – essentially Russian – peacekeeping troops; with the United
Nations, through its observer mission (Unomig), exercising effective
oversight. The zone was frequently breached by violent groups (the
Forest Brethren and the White Legion) operating out of Mingrelia and
financed by the Georgian government, which infiltrated Abkhazia’s Gal
(Gali) district to commit murder and sabotage.

In May 1998, renewed conflagration was narrowly avoided as the
Abkhazians destroyed the bridgehead being built in some border
villages. In 2001, a group of Chechen marauders mysteriously made
their way into the valley from eastern Georgia (plainly with the
connivance of then-president Eduard Shevardnadze’s government) to
create brief mayhem in some Armenian villages before their expulsion.

In July 2006, cross-border militarism was reactivated and hundreds
of regular Georgian troops were installed in the valley on the
pretext of executing a "policing operation" to rid the area of the
corruption practised by local leader Emzar Kvitsiani. In addition,
Saakashvili is relocating there the members of the so-called
"Abkhazian government-in-exile" from the relative luxury of their
sinecure existence in Tbilisi.

This whole operation was condemned by the Georgian NGO, the Human
Rights Information and Documentation Centre. From a hideout, Kvitsiani
produced a video declaring guerrilla war against the interlopers,
the Svans not at all fancying the idea of Mingrelians being imported
to govern them.

A murky affair

Three questions immediately occur with reference to events in the
Kodor:

if Russia is, as Tbilisi repeatedly asserts, fully behind Abkhazia’s
secession, why did the CIS/Russian peacekeepers neither act to
block the Georgian troops’ entry nor, at the very least, inform
the Abkhazians of it? (Unomig provided this crucial information)
why has no western government or politician condemned this manifest
infringement of the 1994 accords?

what is the true purpose of the Georgian military presence just fifty
kilometers from Sukhum? (After all, the idea that the most corrupt of
the Soviet Union’s former republics is now, after the three local wars
and years of lawlessness in the 1990s, so law-abiding that the only
pocket riddled with corruption is the upper Kodor valley is risible).

The Abkhazians, irritated by the proximity of foreign troops, initially
viewed the matter with alarm, writing much about the possible imminence
of war, but they have restrained themselves from responding to blatant
provocation, aware that any such move would immediately bring down
on their heads the international condemnation that the Georgians have
largely escaped.

They also know that tanks are no use under the two metres of snow
that blanket Svanetia for much of the year; they have not controlled
this valley for fourteen years, and so in reality little has changed.

A frontal assault into Gal, as unleashed by Shevardnadze on 14
August 1992, would be entirely different, but they calculate that
the puppeteers in Washington are not so reckless as to dance their
marionettes onto this dangerous stage.

A state in suspension

Abkhazia, present problems notwithstanding, is making slow progress
towards building a future for its population – consisting of roughly
equal numbers of Abkhazians, Mingrelians, Armenians and Russians.

Each year more enterprises open, more buildings appear or are renovated
(though ugly ruins still scar the main battlegrounds of Sukhum and the
Ochamchira district), transport-links improve (though again the needs
of Ochamchira town continue to be ignored), and virtually anything
can be bought in Sukhum’s shops and thriving market, as long as the
customer has cash. But there’s the rub.

Levels of (Russian) tourism to Abkhazia in 2005 were said to be
virtually back to Soviet levels, but one sensed this summer that
numbers were down, especially in Sukhum, probably through fear of
hostilities. The Georgian military presence has, thus, perhaps achieved
one goal in damaging Abkhazia’s fragile economy. For the first time in
ten years westerners can again cross freely from Russia into Abkhazia –
all that is needed is a permit from Abkhazia’s foreign ministry and,
if return to Russia is desired, a double/multiple-entry Russian visa.

Will this encourage investors to visit and assess for themselves
(free from Georgian pressure) the huge potential of this small
Caucasian paradise? Apart from coastal pearls like Gagra and Pitsunda
or mountain-jewels like Lake Ritsa, the airport at Dranda has the
longest runway in Transcaucasia, and surveys indicate that Ochamchira
could provide the best deep-water port in the whole western Caucasus.

But the detritus of war remains: climbing the path to the small church
of Basil the Martyr in the neighbourhood of the working Monastery
of St John Chrysostom at Kaman, we were reminded by a Halo Trust
operative not to stray over the white ribbon demarcating a minefield.

Once Turkey ceased to accept Abkhazian passports and the ferry service
linking Sukhum with Trabzon was suspended in 1996, Abkhazians found
themselves unable to travel abroad – most for emotional reasons
refused to obtain Georgian passports. Russia stepped into the breach,
and 80% reportedly already possess Russian documents, with which they
travel freely.

Georgians complain that, with Russians using their disposable income to
buy property in Abkhazia, this territory is gradually being absorbed
into Russia. And there is much excitement (vs worry in Tbilisi) over
what precedent will be set by the likely recognition of Kosovo. If
Abkhazia’s initial Soviet status as a union-republic had not been
downgraded by Stalin (February 1931) to that of an "autonomous
republic" within Georgia, Abkhazia would have joined the community
of independent nations upon the Soviet Union’s dissolution in 1991.

All Georgia has offered Abkhazia after losing its attempt at aggressive
territorial integrationism in 1992-93 is a return to the status quo
ante. Not a single Abkhazian endorses this option, which would be
universally seen – if it were within the pale of rational discussion –
as capitulation.

Meanwhile, many of the most vocal advocates of the Georgian national
cause are still wont to portray Georgians as history’s victims. It
is true that the conflict’s end was painful for many thousands of
residents of Abkhazia who fled to Georgia in the moment of defeat
at the end of the 1992-93 war. It was also the jingoistic rhetoric
emanating from Tbilisi (voiced by political leaders, media outlets,
and scholars, questioning the Abkhazians’ historical rights to their
homeland and threatening their expulsion) which had precipitated the
conflict. A full accounting of the war and its aftermath must take
this origin into account.

Moreover, a number of trends in the years since the conflict settled
into a cold (and frequently interrupted) peace – intermittent
demonstrations by Georgia of military muscle, a tendency to
demagogic outburst (not least from Mikheil Saakashvili himself),
and the promulgation in school textbooks of the imaginative theory
that the Abkhazians are relatively recent settlers on historical,
"Georgian" soil – suggest to the Abkhazians (and many others) that
little if anything has changed.

Whilst no Abkhazian would risk again placing the nation’s survival
in Georgian hands, many have reservations about growing association
with Russia. But what alternative has the international community’s
insistence on restoration of (Soviet) Georgia’s territorial integrity
left them? It is time to realise that universal recognition of
Abkhazia’s independence is the best guarantee for Transcaucasian
prosperity in toto, greater readiness to accommodate more refugees,
and a reduction in Russian influence in the region – all western
aspirations that western policies themselves currently frustrate.

Just as Vladimir Putin quipped at George W Bush that Russia has
no interest in mimicking the "democracy" being built in Iraq,
so the Abkhazians could legitimately remind John McCain and his
fellow senators that they understand too well what his best friends’
"freedom" truly means even to consider re-embracing it.

Armenia Expects German Investments And Their Diversification Degree

ARMENIA EXPECTS GERMAN INVESTMENTS AND THEIR DIVERSIFICATION DEGREE TO INCREASE

Noyan Tapan News Agency
Oct 9 2006

YEREVAN, OCTOBER 9, NOYAN TAPAN. During the Armenian-German business
forum on October 9, Armenian Deputy Minister of Trade and Economic
Development Tigran Davtian expressed a hope that the event will promote
the cooperation between the sides and increase the diversification
of investments made by German companies.

According to him, 61 companies with German capital are currently
operating in Armenia. Their investments have totalled 130 million
dollars, with a large share of these invsetments being made by
the German company Chronimet in the Zangezur Copper and Molybdenum
Enterprise.

T. Davtian attached special importance to the strengthening of business
links with Germany from the viewpoint that the European Union has
become number one trade partner of Armenia, while Germany is the
largest economy in Europe. He expressed a hope that German companies
will show interest in Armenia not only as a country to sell their
production in but also in terms of conducting joint activities with
Armenian companies and selling their products in Germany.

The German Ambassador to Armenia Heike Renate Peitsch said that the
purpose of the German delegation composed of representatives of state
bodies and 17 companies is to identify business opportunities in
Armenia. She expressed a hope that the forum will allow to establsih
new business links and increase the amount of invsetments by German
companies in Armenia. The ambassador noted that Germany is the second
largest donor – country in terms of technical assistance provided.

Advisor to the German Ministry of Economy and Technologies for
Cooperation with CIS States Peter Lorenz stated his satisfaction at
such achievements of Armenia, as the economic growth, economic and
political reforms and the fight against corruption underway in the
country. He said with confidence that solutions will be found to the
current problems in the South Caucasian region and the Armenian-German
economic cooperation will become more efficient. The German official
conveyed a hope that German companies will continue processing raw
materials of the Armenian mining industry. In his words, the forum
participants will discuss measures to ensure that this sector’s
development would have a positive effect on other spheres of the
Armenian economy.

Let Us Not Forgive Our "Brothers"

LET US NOT FORGIVE OUR "BROTHERS"

A1+
[06:15 pm] 10 October, 2006

Dashnaktsutyun Party neither blames nor justifies Hakob Hakobyan,
arrested on October 8 in connection with the case of hooliganism.

Vahan Hovhannesyan, member of the party’s bureau and NA deputy Speaker,
claims that "they have nothing against Hakob Hakobyan." But if by
Hakobyan’s arrest, the law enforcing bodies want to prove that all
are equal before the law, he find it admissible.

Vahan Hovhannesyan expressed his regret that prior to Hakobyan’s
arrest many people who breached the law avoided punishment. But in
case such incidents continue, things will become still worse. "If we
have forgiven one of our brothers, let’s forgive this one too."

Vahan Hovhannesyan qualifies the assault on Suren Abrahamyan,
ex Ineterior Minister, "terrible." Asked what he thinks of Suren
Abrahamyan’s suspect that the assault was ordered by Prime Minister
Andranik Margaryan, Mr. Hovhannnesyan said he wasn’t on the scene
and he cannot say anything definitely.

By the way, regardless of the fact that criminal elements have become
more active recently, Mr. Hovhannesyan doesn’t share the opinion that
the "authorities have lost the control, the situation becomes tense
in pre-election period and "criminal elements violate laws."

VAHAN HOVHANNESYAN NOTICES ALL THE DEPUTIES "PRESSING THE BUTTONS"
Whose candidacy will Vahan Hovhannesyan support in the 2008
presidential elections if the candidates running for presidency are
Serge Sargsyan and Vartan Oskanian.

Before answering this question, Vahan Hovhannesyan deliberately asked
for a cup of water, and then repeated his words that Dashnaktsutyun
will have its own candidate in the elections. "Besides, it is too early
to speak of the elections," added the member of the Dashnaktsutyun
Bureau.

Today, Vahan Hovhannnesyan claimed that he is well aware of the
deputies "pressing the buttons," meaning the NA deputies voting for
others. Vahan Hovhannesyan offers his solution to this problem; the
voting mechanism must be technically innovated, the voting must last
three hours so that each deputy could come and vote.

GEORGIANS ARE OFFENDED While speaking of the Russian-Georgian
relations, Vahan Hovhannesyan states that the Russian-Georgian
relations have a long historical background. He claims that unlike
Armenians, Georgians are on better terms with Russians, despite the
similarities in our religious belief.

In his words, Georgia tries its best to exile Russia from the
Caucasus, which won’t be beneficial for Armenians. Armenia must have
a determined stance towards Russia and Georgia. As for Armenia’s
position on Karabakh conflict, Vahan Hovhannesyan says, it is high
time we gave up moderate attitude and exerted pressure on Azerbaijan
which generates aggression.

ANKARA: Photos Of Turkish Diplomats Killed By Armenian Gangs Display

PHOTOS OF TURKISH DIPLOMATS KILLED BY ARMENIAN GANGS DISPLAYED IN IGDIR

Turkish Press
Oct 9 2006

IGDIR – The photographs of Turkish diplomats, who were killed by the
Armenian gangs between 1973 and 1984, were displayed in the Memorial
of Turks killed by the Armenian gangs in eastern city of Igdir,
Igdir City & Tourism Director Ziya Zakir Acar said today.

Acar told A.A correspondent that a section was set up in the memorial
for the diplomats, and the curricula vitae of the diplomats were also
exhibited in this section.

"Those who visit the memorial will see the massacre of Turks by the
Armenians," he added.

Suren Abrahamyan Beaten Demanding He Begs Pardon

SUREN ABRAHAMYAN BEATEN DEMANDING HE BEGS PARDON

Panorama.am
18:13 09/10/06

Suren Abrahamyan, board member of Republic Party (RP) told a press
conference today that he was beaten by a person in black who "was a
skinhead in his essence."

Abrahamyan said the attack was made yesterday at 10:30 a.m.

Aram Sargsyan RP board chairman said the violence against Abrahamyan
is directed against their party.

"It’s pointless to try to frighten us," he said.

RP another board member thinks that the attack was made because of
Abrahamyan’s recent statements which said that political criminal is
concentrated in top ruling structures and is headed by Prime Minister
Andranik Margaryan who Abrahamyan called a criminal, too.

Suren Abrahamyan said he believes Andranik Margaryan is guilty in
the attack "no matter he ordered it or not."

General Abrahamyan said he is a man of contribution to Armenia and
he had "to beg for assistance on his knees" in his own country. He
said it goes beyond any morality.

NKR President Emphasizes Necessity Of Intensifying Works On Shushi R

NKR PRESIDENT EMPHASIZES NECESSITY OF INTENSIFYING WORKS ON SHUSHI RESTORATION

ARKA News Agency, Armenia
Oct 4 2006

YEREVAN, October 4. /ARKA/. NKR President Arkady Ghukasyan emphasized
the necessity of intensifying works on Shushi restoration. The press
service of the president reported that Ghukasyan said that at the
meeting with Yerevan Mayor, president of the Shushi Restoration
Foundation Yervand Zakharyan.

During the meeting they discussed issues, related to the implemented
work of the Foundation, and also further steps toward restoration of
the infrastructure of Shushi, destroyed during the war, and development
of the city.

The NKR president expressed the readiness of the country’s top
authorities to assist with this program implementation in every
possible way.

Russia Interested In Karabakh Conflict Soonest Settlement

RUSSIA INTERESTED IN KARABAKH CONFLICT SOONEST SETTLEMENT

PanARMENIAN.Net
05.10.2006 14:06 GMT+04:00

/PanARMENIAN.Net/ A joint press conference of Council of Europe
Secretary General Terry Davis and Russian Foreign Minister Sergey
Lavrov took place in Strasbourg yesterday. The top officials referred
to the settlement of conflicts available in the CIS space. Sergey
Lavrov stated he sees no sense in UN’s engagement in the resolution
of CIS conflicts, since the conflicting sides have already agreed
on the settlement principles. In his words, the agreements and
settlement formats remain in case of any conflict emerging on the CIS
territory and this is the only way to resolve the so-called "frozen
conflicts". When commenting on the Nagorno Karabakh conflict Sergey
Lavrov said, "Russia is interested in the soonest settlement of the
Karabakh conflict. The OSCE Minsk Group Co-chairs spare no effort
for it." According to the Russian FM, the mediators have the exact
wording for each unsettled issue however "the final decision is up
to the conflicting sides," reports RFE/RL.