Author: Tatoyan Vazgen

AzerTag, Azerbaijan
Feb 28 2005
PRESIDENT OF AZERBAIJAN ILHAM ALIYEV RECEIVES PROSECUTOR GENERAL OF
KAZAKHSTAN RASHID TUSUPBEKOV
[February 28, 2005, 18:10:55]
President of the Azerbaijan Republic Ilham Aliyev on February 29 at
the Presidential Palace received Prosecutor General of the Republic
of Kazakhstan Rashid Tusupbekov.
Head of the Azerbaijan State expressed satisfaction with the existing
relations between two countries, including the development of
strategic cooperation in the political, economic, humanitarian and
others spheres. President Ilham Aliyev noted that after Azerbaijan
has gained state independence, the kind friendly links between the
nationwide leader of Azerbaijan Heydar Aliyev and President of
Kazakhstan Nursultan Nazarbayev have played exclusive role in
foundation of intensive relations in the current phase. And
participation of the Kazakh President at the funerals of the
Azerbaijani nationwide leader was highly appreciated by the People of
Azerbaijan, Mr. Aliyev underlined.
And currently, warm relations between the presidents of Azerbaijan
and Kazakhstan give strong pulse to expansion of bilateral
cooperation, head of the Azerbaijan State said. Reminding his
successful visit to Kazakhstan last year, President Ilham Aliyev said
the signed documents have brought closer the two countries.
Noting that Azerbaijan and Kazakhstan play significant role in the
political processes in the region, in realization of global economic
projects, President Ilham Aliyev underscored that the two states
constantly support each other in the global questions either. From
this standpoint, Kazakhstan, basing on the international legal
principles, always backed fair position of Azerbaijan in settlement
of the Armenia-Azerbaijan, Nagorno Karabakh conflict, which is highly
appreciated by the people of Azerbaijan.
President Ilham Aliyev has evaluated as a good example of cooperation
the signing of document on division of Caspian seabed and
transportation of hydrocarbon reserves. Underlining his consent with
the high level of cooperation between the numerous state and
law-enforcement bodies, including prosecutor service bodies,
President Ilham Aliyev said the prosecutor bodies play great role in
strengthening of sovereignty and ensuring stability. Head of the
Azerbaijan State expressed confidence for further development of
cooperation between the prosecutor bodies of two states.
Prosecutor General of Kazakhstan Rashid Tusupbekov conveyed greetings
and high considerations of President Nursultan Nazarbayev to the
President of Azerbaijan Ilham Aliyev, saying Mr. Nazarbayev attaches
great importance to the relations with Azerbaijan. The friendly ties
between the nationwide leader of Azerbaijan Heydar Aliyev and
President of Kazakhstan Nursultan Nazarbayev have set solid ground
for the fraternal relations between the two peoples, Mr. Tusupbekov
emphasized.
Noting that presence of socio-political stability in Azerbaijan and
Kazakhstan has prompted high development of economic sphere in both
countries, Rashid Tusupbekov said he was eyewitness of notable
economic development during his visit to Azerbaijan, stressing that
he was deeply impressed by scale of the works at the Sangachal
terminal and quick development in the construction field in Baku.
Dwelling on successful cooperation of the prosecutor bodies of both
countries, the guest said that the agreement on rendering legal
assistance signed during his visit in Baku was a good example of
these links. These relations will play important role in expansion of
cooperation between the prosecutor bodies, as well as promote
settlement of global issues, effective combat against extremism and
terrorism, he stressed.
Feb 28 2005
German Christian Democrats Abuses the Armenian Issue to Prevent
Turkey’s EU Bid
Christian Democrats Submits ‘Armenian Motion’ to Parliament
Jan Soykok (JTW), 28 February 2005 – Germany’s Christian Democrats
(CDU) who oppose Turkey’s European Union (EU) membership have once
again brought the so-called Armenian ‘genocide’ allegation to the top
of the agenda in Germany.
CDU presented a parliamentary motion, which demands a review of
Turkey’s role in the killing of Armenians about 100 years ago though
there was no state called ‘Turkey’ in these years.
The German government pressure to increase freedom of expression
regarding the so-called Armenian ‘genocide’is expected to be included
in the motion.
Experts noted that the Christian Democrats Party, which is against
Turkey’s full membership to EU, aims to impede Turkey’s bid.
Spokesman for the party’s foreign relations, Friedbert Pflueger
claimed that the word “genocide” is not used intentionally and that
they aim to make Turkey face up to its past.
Members of the CDU who stand affirmation on Turkey’s privileged
membership claim they have aimed to return to normal diplomatic
relations between Turkey and Armenia.
“FUL OF PREJUDICES”
Turkish Ambassador to Germany Mehmet Ali Irtemcelik said that the
motion is full of “prejudices, mistakes, serious misinformation, and
one-sided expectations”. The European Court of Justice had recently
overruled a similar initiative. An Armenian foundation in Europe
began a legal action claiming “Turkey’s membership is contradicting
EU Laws while refusing acceptance of the genocide.” However the Court
had responded as “The genocide claim is political, it is not legally
binding” and had awarded the expenses of the trial to the plaintiffs,
the Armenian foundation and the two French citizens. The court
remarked during its overruling of the case, that the matter is a
political issue and consequently not legally binding and it stands as
a precedent for any future legal action.
CDU strongly opposes Turkey’s EU bid while the government parties
support Turkey’s membership. The CDU makes co-operation with all
anti-Turkish groups in Europe including the radical Armenian lobbying
groups. The CDU’s anti-Turkish stance disturbs the Turkish community
in Germany because the racist attacks against the Turkish and Muslims
communities in the country have risen. Many CDU politicians claimed
that Europe was a Christian civilasation and there was no room for
Turkey in Europe.
The discriminative policies in germany had caused racist massacres
and genocide in 1940s Germany and it is feared that the CDU policies
could nourish the racist movements in the country. Davut Sahiner,
Turkish expert on diasporas in Germany says “the CDU plays with fire.
They abuse all the problems which can prevent Turkey’s membership.
However they are not sincere. They now use the Armenian issue.
However it will help neither Armenians nor the Germans. Anti-Turkish
CDU policies will undermine the social balances in Germany and will
encourage the racist movements. Similarly the problems between
Turkish and Armenian states will be deepened and the isolation of
Armenia will be worsened. No side will benefit but the selfish
politicians.”

Catholic battles to save church
New York Daily News, NY
Feb 19 2005
There was a time, Brian Gray said, when bingo and bake sales might
save a Catholic parochial school from closing its doors. But that
time is long gone, he said, and it’s not coming back.
Everything from soaring salaries to the cost of repairing buildings
neglected for generations and upgrading classroom technology poses
staggering challenges.
Gray, an executive at the National Catholic Educational Association,
said the most likely salvation for endangered schools is an angel
with very deep pockets, and so far, there is little sign of one
appearing.
“A lot of things are going on now,” Gray said from his office in
Washington, “and in many places, none of them are good news to
Catholics.”
New York is one of those places.
The first shoe dropped two weeks ago when the Diocese of Brooklyn,
which includes the borough of Queens, announced the closing of 22
schools at the end of this school year.
The second shoe began falling this week with the announcement that
six schools in the Archdiocese of New York will close – with more
almost certain to join them soon. The timing depends on how quickly
officials in the archdiocese, which is headed by Edward Cardinal
Egan, complete their assessment of parishes’ ability to pay their
bills.
Egan spokesman Joseph Zwilling says the review will take months. But
the pace of the evaluation is fairly swift, and in the case of
schools, Egan’s decisions will surely come before classes end this
spring.
Egan notified his flock, through his column in the monthly Catholic
New York, of the coming bad news.
“Where we find huge churches with few parishioners, where we find
schools that will educate more effectively when joined to nearby
schools, where we find charitable and health care programs and
agencies that are little used,” Egan wrote, “we will make the
adjustments and accommodations that are required, and direct assets
and personnel to areas where they are needed most.
“In a word,” he said, “we will ‘realign.'”
Not everyone is taking the move stoically. Some opponents have
already fired back, and one, Anthony Flood, is running a Web site
devoted specifically to harsh criticism of both Egan’s past actions
and his promised “realignment.”
Flood, who lives in Jackson Heights, Queens, and works in Manhattan,
began his anti-Egan crusade two summers ago after learning that St.
Ann’s Church on the lower East Side of Manhattan was closing.
One of the things rankling Flood was that St. Ann’s was where he and
his wife went each Saturday for the traditional Latin-language Mass,
which was largely abolished in the 1960s after the Vatican decided it
was more important for Catholics around the world to hear the liturgy
in their own languages.
And, Flood said, he was outraged at the idea of closing and selling
St. Ann’s, which since 1983 had served as North American headquarters
for the Armenian Catholic Church, which has now relocated to
Brooklyn.
Flood and his wife collected and delivered to Egan a petition with
1,400 signatures of people opposing the sale and any move from St.
Ann’s by Apostolic Exarch Manuel Batakian, head of the Armenian
Catholic flock in the United States and Canada. Flood said Batakian
was evicted. The archdiocese denied it.
The Floods also supported the now-abandoned lunchtime protest every
Wednesday outside the Fifth Ave. entrance to St. Patrick’s Cathedral,
which began in August 2003 after the closing of the historic Church
of St. Thomas the Apostle in Harlem. The church required extensive,
expensive repairs, which the archdiocese refused to fund.
Parishioners sought in vain for a chance to raise the necessary
money.
Flood accuses Egan of regarding sanctuaries as nothing more than
“sacramental gas stations,” interchangeable and subject to the same
supply-and-demand rules as secular businesses.
Egan’s argument, shared with bishops in many other cities who have
shut churches, schools and other institutions in the name of
financial stability, is that there are too few faithful and too many
parishes in inner-city neighborhoods now largely abandoned by
Catholics who have moved to the suburbs.
“What about the church of the future?” Flood said. “One day, when
Catholics move back into the city, the church will need the churches
Egan closed and sold.”
Brian Gray isn’t so sure. “There’s nothing wrong with wishful
thinking,” he said, “but I am not sure it works as policy.”

ASBAREZ ONLINE
TOP STORIES
02/18/2005
TO ACCESS PREVIOUS ASBAREZ ONLINE EDITIONS PLEASE VISIT OUR
WEBSITE AT <;HTTP:// 1) ANC Glendale Announces Endorsements for City Elections 2) Ambassador Evans Discusses Vital Issues with ANCA, FED 3) Armenian Singers Refuse 'Cultural Cooperation' with Turkey 4) A 'Cigaro' Is Just A 'Cigaro' 5) AESA to Hold 4th Annual Science Olympiad 6) AMAA Orphan Care Committee's Luncheon and Fashion Show 7) Ambassador John Evans Visits Western Prelacy 8) Fresno Native Appointed Judgeship by Gov. Schwarzenegger 9) Annual Brunch & Silent Auction to Benefit Disabled 10) UCLA Armenian Students to Express Culture through Comedy with Vahe Berberian 11) Armenian-Greek Guitarist Iakovos Kolanian to Perform in San Francisco, Fresno 12) SKEPTIK'S RANDOMN THOUGHTS AND RAMBLINGS 13) 'Tis Upon Us In observance of President's Day, our next issue will appear on Tuesday, February 22. 1) ANC Glendale Announces Endorsements for City Elections GLENDALE--The Armenian National Committee of Glendale (ANCG) announced Thursday its list of endorsed candidates for the Glendale City Municipal Elections. The endorsements include candidates for Glendale Unified School District Board of Education, Glendale Community College Board of Trustees, City Clerk, and City Treasurer. "With 19 candidates in the City Council race, the endorsement process is inevitably taking a few weeks," stated board member Armond Gorgorian. "We really want to make sure we take the time to meet with candidates, as well as community members in order to make a well informed endorsement decision." In the highly publicized City Clerk race, the Armenian National Committee of Glendale endorsed Ardashes "Ardy" Kassakhian. The committee endorsed incumbent Ronald Borucki for City Treasurer, along with all three incumbents for the College Board of Trustees: Armineh Hacopian, Anita Quinonez Gabrielian, and Victor I. King. Finally, for GUSD Board, the ANCG endorsed incumbents Greg Krikorian and Chuck Sambar as well as Nayiri Nahebedian for the remaining seat. "The Armenian National Committee of Glendale believes that these 8 candidates are the best candidates for their respective races. We are confident that these candidates bring with them the experience and leadership skills necessary to improve our city and serve our community," announced Alina Azizian, Executive Director of the ANCG. The endorsements come less than 2 months before the April 5 elections. The ANCG will spend the next 6 weeks encouraging people to register to vote and get active on campaigns, Azizian stated. The ANCG will also be launching a voter education campaign to inform voters about the candidates, the issues, and the voting process. The ANCG has not finalized its endorsements for Glendale City Council at this time but expects to do so within the next two weeks. For more information regarding the candidates or ways to get involved, please contact the Armenian National Committee of Glendale at (818) 243-3444 or [email protected]. City Clerk: Ardashes "Ardy" Kassakhian Glendale Unified School District Board of Education: Greg Krikorian, Nayiri Nahabedian and Chakib "Chuck" Sambar Glendale Community College Board of Trustees: Armine G. Hacopian, Victor I. King, Anita Q. Gabrielian City Treasurer: Ronald T. Borucki 2) Ambassador Evans Discusses Vital Issues with ANCA, FED GLENDALE--Members of the Armenian National Committee of AmericaWestern Region (ANCA-WR) and the Foundation for Economic Development (FED) met with US Ambassador John Marshall Evans and his delegation of US officials, including Robin Phillips, Director of the US Agency for International Development (USAID) Mission in Armenia, Eugenia Sidereas, Desk Officer for Armenia at the US Department of State, and Aaron Shirinian, who serves as the Political Officer, assistance coordinator at the US Embassy in Armenia. Berdj Karapetian, a member of the FED Board of Directors, introduced Ambassador Evans to the FED's mission and its ongoing efforts to launch the California Regional Trade Office in Armenia. Karapetian explained that the trade office contract that was awarded to the FED by the State of California would serve California's small to medium enterprises that were interested in investing or selling products in Armenia. Like his predecessor Ambassador John Ordway, Ambassador Evans expressed support for the initiative. While the Trade Office is an official State of California representative, due to budgetary issues, the funds necessary to begin operations are being raised privately. ANCA-WR Board of Directors member Zanku Armenian led the discussion on the ANCA-WR's concerns over the recent statement made by Assistant Secretary of State Elizabeth Jones, which mischaracterized the Karabagh Republic's leaders as "criminal secessionists." The issue was of high concern to the Ambassador, who explained that while he understood how many misconstrue Jones's comments, the Assistant Secretary had not intended the term "criminal secessionists" to reflect on the leaders of Karabagh. The Ambassador hoped that the incident was resolved as he and the Assistant Secretary had reached out to the Armenian public. Several of the meeting participants, including members of the ANCA-WR Board of Directors Leonard Manoukian and Armen Martin, pointed out the recklessness of Azerbaijan's recent efforts to jeopardize the peace negotiations by seeking any forum that may result in a more favorable outcome for Azerbaijan. The group also discussed the aggressive rhetoric that continues to come from Baku. "The Minsk group is an honest broker in the Nagorno Karabakh conflict," commented Ambassador Evans, adding that "the US is a friend to Armenia." Armenian commended President Bush for establishing military aid parity in his Budget proposal for 2006. Such parity helps maintain a balance in the fragile ceasefire that has existed between Karabagh and Azerbaijan for over ten years. Continuing on the topic of aid, Armenian stated that the ANCA would persist in securing high levels of aid to Armenia given Turkey's blockade of the fledgling democracy. An overarching issue that the group brought up with the Ambassador was the matter of the Armenian genocide. Representatives of the ANCA-WR asked that the US State Department include the history of the Armenian genocide on its website under Armenia's country profile given the overwhelming number of documents held in the US Archives. "It is important for groups like the ANCA-WR to regularly meet with US government officials who administer US policy firsthand in Armenia. Ambassador Evans is certainly a competent diplomat and well read on the Genocide and Armenia's modern history. We are hopeful that he will continue to play an effective role in helping Armenia face the challenges that lay ahead in guaranteeing Armenia's right to self determination and security and insuring continued development to her democratic institutions. A strong and prosperous Armenia is good for Armenia and America," commented Steven Dadaian, Chairman of the ANCA-WR Board of Directors, who met the Ambassador's delegation at an event later in the day hosted by His Eminence Archbishop Moushegh Mardirossian. The breakfast meeting with the ANCA-WR and FED kicked off a day of scheduled visits for the Ambassador's delegation. The delegation went on to meet with Professor Richard Hovannisian of UCLA, followed by a talk with UCLA students. He also met with Prelate Archbishop Moushegh Mardirossian of the Western Prelacy Armenian Apostolic Church and leaders of community organization. A reception was held by the Western Diocese Armenian Apostolic Church later that evening. 3) Armenian Singers Refuse 'Cultural Cooperation' with Turkey YEREVAN (Yerkir)--A group of Armenian singers and musicians rejected a proposal for cultural cooperation put forth by a Turkish production company, calling it a "dangerous" offer. Speaking at the news conference on Friday, singer Arsen Grigorian, who received the offer, called on his colleagues to also reject participation in the Armenian-Turkish cultural project. "It is not by an accident that the Turks are attempting to engage Armenians in a pro-Turkish project, to be funded by the US, in the same year we are marking the 90th anniversary of the Armenian genocide," he said. According to Grigorian, the Turkish production company TDI is planning to produce a CD of performances by Armenian and Turkish musicians. "They are trying to convince the world that Armenians and Turks can be friends. As long as they deny the Genocide, I cannot accept any cultural or economic cooperation," he concluded. 4) A 'Cigaro' Is Just A 'Cigaro' Though leaked track is a hit, they're not making it an official single. Blabbermouth.net reports System Of A Down have confirmed an April 26 release date for "Mezmerize," the first half of their new double album set. The second CD, titled "Hypnotize," will be out sometime this fall. Meanwhile, the first single from "Mezmerize," called "B.Y.O.B." is poised to arrive at rock radio on or around March 1, according to Launch Radio Networks. The quartet has just wrapped up its headlining stint on Australia and New Zealand's Big Day Out festival and is heading home to Los Angeles to finish work on the new album. The band is also one of many acts that have donated items to a second eBay auction sponsored by Waxploitation Records to raise money for genocide victims in the African nation of Sudan. Other artists that have contributed signed or rare items include Dave Matthews, Dashboard Confessional, and Bad Religion. System contributed to Waxploitation's first such auction last month, along with Limp Bizkit, Korn, 311, Rob Zombie and others. BURBANK--"You know how when you meet someone as a little boy and he turns into a man, you will always remember the little boy?" System of a Down guitarist Daron Malakian asked recently. "Well, we've got that," he continued. "You remember what our roots are. As we grow up as men, you can see that we are evolving, but you remember us as little boys." So explains what to expect from System's upcoming ambitious double album, Mezmerize/Hypnotize. "You will hear a difference, you will hear a growth, but you will always hear us," Malakian said. "All my favorite bands tend to have those kinds of careers. They kind of re-create themselves, but they re-create themselves, they don't re-create into somebody else." System of a Down's first new music since 2002's Steal This Album!, which was mostly leftovers from 2001's Toxicity, will blend familiar elements (skittery riffs, Middle Eastern-influenced rhythms, harmonized vocals) with new, mostly sonic, touches. "I personally came in very focused with how I wanted everything to sound on this record opposed to our other records," said Malakian, who wrote the music and most of the lyrics and also sings more than ever on the albums. "I think our guitars were a little muddy on our other records. On this record I think it's a lot more crisp. We've got the best drum tone that we've ever had on any of our records. And the performances, each individual musician, everybody is performing much better than we used to. We've all stepped up and grown up with what we do, so that's definitely reflected in the songs." One of those songs, "Cigaro," was recently leaked online and became an instant hit on KROQ-FM in Los Angeles as well as other stations. Another song, "B.Y.O.B.," will actually be the first single. System will shoot the video later this month before the track hits the airwaves in March. "I don't know if I'll direct it by myself, but I would love to have some kind of influence on it," bassist Shavo Odadjian, who co-directed the "Toxicity" and "Aerials" videos, said. "I would love to collaborate with someone else. I love doing that." Choosing a single proved especially challenging after the band recorded more than 40 tracks and decided to release them as a double album (see "System Of A Down To Release Two-Album Set In 2005"). "We had a lot of songs last time, too, but this time I think they join together," Malakian said. "You feel like you want to show people what you're doing right now." System are calling Mezmerize/Hypnotize a double album, although unlike Smashing Pumpkins' Mellon Collie and the Infinite Sadness, for example, the first half (Mezmerize) is due in April, followed by Hypnotize six months later. "[Mezmerize] is going to have plenty of material, and we want people to sit with it before we give them the second one," frontman Serj Tankian said. "Songs tend to lose character if you bunch them all together," Malakian added. "Some people throw [together] as much music as you can throw on a CD and it doesn't really do each individual song justice. They end up getting lost in the shuffle." System recorded the tracks in the fall but worked on them throughout most of 2004. "We're a live band, so what we do in terms of recording is we work out the songs for a long time and let them live with us, and if we want to change something over time, if we are uncomfortable about something or think something could be better, we would know it before anyone else steps in," Tankian explained. "When we go into recording, we don't ever walk in and say, 'Oh, let's write a new song in the studio.' It's always like we've got all these songs that we've been living with as a band for at least six months to a year. And that makes it so much easier recording it. If everyone is much more fluent, more comfortable, there is no hesitation. Sure, we change things here and there in the studio, but a lot of it is well-digested." Track titles other than "B.Y.O.B." and "Cigaro" include "Hypnotize," "Lost in Hollywood," "Violent Pornography," and "Kill Rock 'n' Roll," which revolves around the line "I killed the rock 'n' roll in you." "We have a really tough time explaining songs because we would like everyone to take something else aside from what we think of the song," Malakian said. "But ['Kill Rock 'n' Roll'] is about being a murderer and enjoying it at the moment, but actually having a conscience about it after you are done." Well, OK then. Corey Moss 5) AESA to Hold 4th Annual Science Olympiad LOS ANGELES--The Armenian Engineers and Scientists of America (AESA) will hold its 4th annual Science Olympiad on Sunday March 13, at Ribet Academy in Los Angeles. Last year, 120 participants from 9 schools throughout Los Angeles County met in competition and 24 winners were recognized for their outstanding achievement. The Science Olympiad is open to all Armenian students at the middle and high school levels from Armenian and non-Armenian schools, and organized into three categories: Biological Science, Physical Science, and Engineering. Each category and level includes first, second and third place and honorable mention for monetary awards of $500, $250, $100, and $50 respectively. This year, all participants who win the first and second place of the California State Science fair in May 2005 will be eligible for an additional $500 and $200 special awards. Distinguished scientists and engineers, as well as veterans of California State and Los Angeles Country Science Fairs will be returning this year to judge the AESA Science Olympiad. Qualified personnel who are interested in becoming a judge for the first time are welcome to apply. Applications for both students and judges can be requested by calling (818) 662-0264 or downloaded from the AESA website at <; 6) AMAA Orphan Care Committee's Luncheon and Fashion Show LOS ANGELES--Armenian children from around the city will participate in Armenian Missionary Association of America's (AMAA) Orphan Care Children's Fashion Show and Luncheon on April 9 in an effort to bring Armenians together to raise money for the AMAA. Directing the fashion show this year is designer Pol'Atteau, who will exhibit his collection, some of the hottest items for next season. Pol' Atteu Haute Couture specializes in custom designed couture gowns, dresses, and suits for cocktails, debutant balls, bridal parties, engagement parties, television/studio, academy awards and Emmy awards. The AMAA Orphan Care Committee provides food, clothing, summer camps, and Christmas programs, including Christmas packages, to the children in Armenia. In the last ten years, the AMAA has significantly improved the lives of thousands of children in Armenia. The co-chairs for this year's Orphan Care Committee are Eileen Keusseyan, Lucy Gulvartian, and Alice Chakrian. The public is invited to enjoy Pol'Atteu's fashions, a luncheon, and silent auction on April 9 at the Beverly Hills hotel. The donation is $65 for adults and $25 for children 12 and under. For more information and tickets call Savey Tufenkian (818) 956-8455 or Eileen Keusseyan (818) 404-5686. 7) Ambassador John Evans Visits Western Prelacy ENCINO--US Ambassador to Armenia John Evans visited the Western Prelacy on February 17, to meet with Prelate Moushegh Mardirossian at the Prelacy's temporary offices in Encino. Present at the meeting were Consul General of the Republic of Armenia Gagik Kirakossian, representative of the Central Executive Committee of the Holy See of Cilicia Khajag Dikijian, representative of the ARF Bureau Viken Hovsepian, as well as representatives of the Prelacy Councils and Armenian organizations. The Prelate welcomed the Ambassador as "a true friend of the Armenian people and Armenia," highlighting his experience in the field of diplomacy and as a historian. His Eminence also acknowledged the bondage that bridges the diaspora Armenians with Armenia. Welcoming remarks were also made by the Chairman of the Prelacy Executive Council Chairman, Hrair Balian. Ambassador Evans thanked the Prelate for his sincere words and presented a briefing about his mission in Armenia. He also answered questions regarding his mission and Armenia's economic prospects. At the end of the two-hour long meeting, Prelate Archbishop Mardirossian bade farewell to the honorable guest and presented him a souvenir--a book of the Treasures of the Holy See of Cilicia. 8) Fresno Native Appointed Judgeship by Gov. Schwarzenegger FRESNO--David C. Kalemkarian was recently appointed to the judgeship in the Fresno County Superior Court by Governor Arnold Schwarzenegger. Kalemkarian, 42, of Fresno, has served for the last seven years as Fresno Superior Court Commissioner. He previously worked as an attorney for Morrison and Foerster , LLP, and later for Stephan A. Kalemkarian, Inc. where he practiced primarily family law. He earned his Juris Doctorate from Boalt Hall Law School at the University of California, Berkley and a Bachelor of Arts from California State University, Fresno. He is a member of the Fresno County Bar Association and the California State Bar Association. He fills the vacancy created by the retirement of Judge Ralph Nunez. 9) Annual Brunch & Silent Auction to Benefit Disabled GLENDALE--The Pyunic Annual Winter Brunch & Silent Auction benefiting programs for the disabled in Armenia, will take place on Sunday, February 27, 11:00 am to 2:00 pm at the Brandview Collection in Glendale, California. Featuring brunch, live entertainment, and a silent auction, the event will raise funds to help programs for the disabled in Armenia, including the Early Intervention Program--a summer camp at Lake Sevan, computer workshops, and to train athletes for international competitions. "There are over 100,000 disabled individuals in Armenia. This event will help us provided much needed services, training and equipment as well as create more public awareness," says Sarkis Ghazarian, president of Pyunic. The silent auction will offer unique paintings, rugs, arts and crafts and jewelry made in Armenia, as well as art donated from Southern California artists Vahe Berberian, Anahid Boghosian, and Shahe Boyadjian. "I'm more than happy to be part of an event that empowers the disabled," said Boghosian, whose own father has been an amputee since the age of nine. Pyunic will also be honoring two of its disabled athletes, Mariné Hakobyan (paraplegic) and Greta Khndzrtsyan (double amputee), competing in the 20th running of the Los Angeles City Marathon on Sunday, March 6, 2005. Both athletes suffered injuries in the devastating 1988 earthquake in Armenia that left over 25,000 dead and hundreds of thousands injured and homeless. Founded in 1989 to help the disabled children of the 1988 earthquake in Armenia, Pyunic is the leading non-governmental organization shaping public awareness for the disabled. Pyunic provides humanitarian aid, social services, career training and summer/winter teaching camps. Pyunic athletes have competed in numerous worldwide athletic competitions, including the Los Angeles Marathon and both summer and winter Paralympics since 1994. Winter Brunch & Silent Auction will be held at the Brandview Collection--109 East Harvard Street, Glendale, California 91204. Tickets are $40.00. For reservations, please call Lorig Sivazlian at 818 517-1208. 10) UCLA Armenian Students to Express Culture through Comedy with Vahe Berberian LOS ANGELES--The UCLA Armenian Student Association (ASA) continues its tradition of Open Mic Night by hosting an Armenian cultural comedy night with famous Armenian artist and comedian Vahe Berberian. The event's purpose is to entertain, as well as educate Armenian students and ASA members about Armenian culture and assimilation in the diaspora. "The UCLA ASA is honored to have Vahe Berberian express his creativity on stage with our members. Comedy is a unique medium through which one's culture can be expressed with a humorous slant," proclaimed ASA cultural director Lucy Tagessian. The event will be held on Wednesday, Feb. 23, on UCLA's campus at 7:30 pm in the Cooperage (inside the Ackerman Union Building). The event is free and open to the general public. For more information you can contact or Raffi Kassabian at (626) 372-4630. The UCLA ASA is one of the oldest Armenian-American student groups in the United States. This year marks the 60th anniversary of its existence. The UCLA ASA seeks to cultivate a true understanding and appreciation of Armenian history, heritage, and culture through cultural, social, and recreational activities. 11) Armenian-Greek Guitarist Iakovos Kolanian to Perform in San Francisco, Fresno US Debut Concerts feature Armenian Folk Music Arranged for Classical Guitar Armenian-Greek classical guitarist Iakovos Kolanian will be performing in San Francisco on Friday, March 4, and in Fresno on Saturday, March 5--highlighting a 16 year journey to arrange and transcribe Armenian folk songs for the classical guitar The concerts will support the new groundbreaking Pomegranate Music CD release titled Shoror: Armenian Folk Music for Guitar by Kolanian. As Kolanian explains, "I managed to collect a considerable number of traditional dances and songs, deciding in the process that I would transcribe or recompose part of this material for the guitar. However, such was the emotional impact of this music on me that, I sometimes found it difficult to hold back my tears as I worked through a particular piece. It was during this stimulating process that I came to the realization that this pursuit was not simply a professional step, but, without a doubt, a journey into the depths of my soul in search of my Armenian roots." The program for each concert will consist of one half being devoted to the selected works of JS Bach (Lute Suite in A Minor BWV), Agustin Barrios-Mangore (La Catedral), and Mario Castelnuovo-Tedesco (Capriccio Diabolico). The entire second half of the concert will be devoted to Kolanian's arrangement of 13 Armenian folk and traditional songs, including the famous Komitas Dances. San Francisco: Friday March 4, 8pm at the Florence Gould Theater, Legion of Honor. Lincoln Park, 100 34th Ave, San Francisco, CA USA. A Pomegranate Music Event. Tickets are $35 Adults, $20 Students. No children under the age of 6 please. For ticket information, please visit Fresno: Saturday March 5, 7:30 pm at The Concert Hall at California State University, Fresno- Music Building. 5241 N. Maple Ave, Fresno, CA. A Pomegranate Music Event. All net proceeds of this concert are being donated to the Armenian Community School of Fresno and the Armenian Studies Program at California State University, Fresno. Tickets are $15 Adults, $8 Students. No children under the age of 6, please. For ticket information, please visit <; Iakovos Kolanian was born in Greece in 1960, to an Armenian father and a Greek mother. At the age of 13, influenced by the musical currents of the time (pop, rock, as well as classical) he started his musical journey that eventually led him to the National Conservatory of Athens. There, he studied classical guitar with noted professors Evangelos Assimakopoulos and Lisa Zoe, and graduated in 1985 with the top award and a special honor for exceptional performance. Since that time, he has attended various special seminars and master classes in Greece and abroad, broadening his knowledge of the instrument from distinguished teachers such as Oscar Ghilia and Leo Brouwer. Throughout the years he has toured in Europe, Asia and Latin America, where he has presented to audiences a large part of the classical guitar repertoire. He also regularly takes part in important international festivals (Vienna, Milan, Athens, Israel, Cyprus and Yerevan) by giving individual recitals or acting as soloist with symphonic orchestras and ensembles of chamber music. He has performed as a soloist with Athens State Orchestra, Thessalonica State Orchestra, Symphonic Orchestra of Greek Broadcasting Corporation (ERT), The Camerata Orchestra of Athens, Armenian Philharmonic Orchestra, as well as with numerous ensembles of chamber music. He has been regularly featured in well-known television and radio programs such as BBC, ORF, Radio France, ERT, RIK. One of these collaborations, in 1991, resulted in the recording and release of a CD of Loris Tjeknavorian's Concerto for Guitar and Orchestra with the Armenian Philharmonic Orchestra with the composer himself as the conductor in a production of the Austrian Television (ORF). Most recently, in 2003, Kolanian's recording of the Lute Suites of J.S.Bach was released on the Eros label to critical acclaim. In addition to his career as a soloist and recording artist, Iakovos Kolanian has been the head of the Classical Guitar Department at the Contemporary Athens Conservatory since 1992, and is an honorary professor at the Armenian Academy in Yerevan. Shoror Shoror: Armenian Folk Music for Guitar was produced by Kevork Imirzian and is on sale at e-tailers such as <; and <; Apple's iTunes will also be carrying Shoror for digital download in 2005. Pomegranate Music Founder/CEO Raffi Meneshian recently commented, "Being able to present Armenian folk music though the medium of guitar is a unique project for any record label. To have one of Europe's best classical guitarists be the proponent of this material is even more special. We are thrilled to be starting our North American tour in two of America's most historic and important Armenian communities- Fresno, CA and San Francisco, CA. In December of 2004, the influential All Music Guide critic Rick Anderson gave Shoror: Armenian Folk Music for Guitar a 4 star review, "…what Kolanian has created here is an admirably lyrical, complex, and insightful fusion of folk and classical music, the kind of thing that rarely works well at all. In this case it works beautifully, mainly because of the combination of Kolanian's deep feeling for this music and his equally deep mastery of both his instrument and the principles of classical guitar style. Note in particular the delicately woven counterpoint he creates in his arrangement of 'Yaman Yar,' and the gently dancing grace he brings to 'Zankezouri.' Very highly recommended." 12) SKEPTIK'S RANDOMN THOUGHTS AND RAMBLINGS These last few weeks have been a doozie. I'll be honest with you. When I was told last Friday that there was no room left in the paper to run my column, I didn't shed a tear. After all, getting the news in the hands of the public is more important than people reading personal rants on topics that most people consider esoteric. Nevertheless, I thank Asbarez for giving me space to have my own forum to share my views and thoughts. This week, I decided to unload a number of thoughts that have been swimming around aimlessly in my head. First of all, why is it that whenever it rains in California, people forget how to drive? On the east coast you can have hail, snow, torrential downpours, but people manage to get to where they're getting to, with little or no problem. In Southern California, you get a little bit of mist and all of a sudden the 134 looks like the DMV's driveway. Why does every Armenian teenager driving down Glenoaks feel like they have to give you the evil eye if you stare in their general direction at a stop light. The other day I was at a red light and turned over to find a 16 year old driving one of those fixed up sports cars looking at me like I was Adolph Hitler's twin. If anyone has an answer to this one, I'd love to find out. When did it become fashionable for Armenian high school students to wear athletic warm-ups everywhere they go. I was at church and saw a kid walk out looking like he was a member of the Iranian Olympic weightlifting team. He was decked out in warm ups from head to toe with matching sneakers. Let me see if I understand. You can take the time to find sneakers to match your velvet jump suit but can't go to Marshall's or Ross and buy a dress shirt and tie? I read this week that the Armenian Diocese Church in Canada is planning on banning gay marriages. I also read that the Armenian Parliament was considering a similar law. Two thoughts came to mind here. First of all, does the Armenian Church think that by banning a specific activity they will prevent people from doing it? And secondly, is there such a mad rush by gay Armenians to get married that the Church and Government see this as a priority? How about dealing with the whole poverty issue first? Or maybe that little thing about getting rid of corruption would be nice too. And no, that wasn't directed at only the Armenian parliament. Speaking of banning things in Church, Lent started last week. This is when our church bans the consumption of meat. No. This is a new thought. The other meat. The animal kind. Do Armenian banquet halls have an agreement with Etchmiadzin or God that I don't know about? Every Armenian restaurant and event I've been to has served such massive quantities of meat that it makes me wonder if we're single handedly contributing to an eventual beef, pork, or lamb shortage. Continuing on the topic of flesh, the other day I made the unfortunate mistake of going to the Glendale Galleria to buy a watch. I walked in and within a span of five minutes saw at least 20 young Armenian girls walking around in less clothing than the cocktail waitresses at a Las Vegas Hotel and Casino. I'm not a fashion fascist but if your pants make me want to reach over and pull them up for you, then you should buy a pair that fits. I can't imagine that having half of one's rear end sticking out of a pair of pants or showing any butt cleavage is comfortable. And parents, please remind your children that crack--of ANY kind--is dangerous! Last but not least, I read that US Secretary of State Condoleezza Rice went to Turkey and praised the Turkish people for being such close friends and allies to the US. Now I'm not going to say that what she did is right or wrong. But if there are ANY delusional Armenians out there who thought that President Bush will recognize the Armenian genocide during his second term when there's less pressure and he's establishing a legacy…then I've got beach front property in Armenia that I'd like to sell to you. Anyway, that's all that I've had on my chest this week. If you can think of answers, explanations, or have questions of your own…email me at [email protected]. Skeptik Sinikian would like to remind everyone that with all its hopes, dreams, promises, and urban renewal, the world still manages to continue deteriorating. Have a nice day and email him at [email protected]. 13) 'Tis Upon Us By Garen Yegparian Yup, the Burbank election is here. Tuesday, February 22 is the primary election in my fair city. Hot on its tail are the LA City, LA Unified School District, and LA Community College District (the latter two impacting numerous cities) primaries--March 8, Pasadena primary--also March 8, Glendale--April 5, then possible runoffs in Burbank--April 12 and Pasadena--April 19, and finally LA general--May 17. And come Autumn, other cities where Armenians pack some punch, such as San Francisco and Montebello, have their municipal elections scheduled. Then there're exciting-issue-based elections such as the one in Rosemead with an anti-Walmart slate running. Let's hope they win and put a crimp in the style of that bane of human existence! As I've discussed in recent articles, it seems Armenians are running for office en masse, qualified or not, willy-nilly, wise or whacked, disruptive/divisive or constructive. But enough pounding on those losers, now, it's time for the other side of the formula--the voters and voting. Now's the time that voters have to think. What do we want? Do we just want someone who has no appropriate preparation for office? Do we want someone who's just in it for the money? Burbank elected officials get nominal pay, but LA councilmembers get paid handsomely, and Glendale's pay is not too shabby either, though probably not enough to live on. Do we want someone who's demonstrated community service? Do we want someone who represents us? Who springs from the same concerns as we have? Do we want someone whose motives for running are questionable? What if one candidacy's a put-up job to sow discord among a certain constituency? Have the candidates been challenged on these issues? Do they sound believable when they respond? The nice thing about local elections is that you can actually get close enough to enough of the candidates to get these or other questions answered. You can really smell 'em! Go to candidate forums. Go to the coffees people hold in their home for favored candidates- for that matter, host one of these yourself. Listen to people's commentary. Follow the local newspaper's letters and op-ed sections. Track who's giving how much money to who which candidate- it's all public information usually housed in the city clerk's office (or other whoever is that jurisdiction's election official). Watch for endorsements by the ANCA or some of the smaller Armenian political groupings. Look for who the Sierra Club, National Rifle Association, Americans for Democratic action, the political parties, local interest groups (e.g. homeowner associations), chambers of commerce. Always remember too, sometimes you can tell more about a candidate by observing what forces oppose him/her that those in support! Have fun with this stuff. It can truly be a joy. In Burbank, with an all-mail-ballot, time is running out--remember Monday is a holiday with no mail service. But you can walk in your ballot on election day or even Saturday, February 19--special 10-2 office hours at city hall. The holiday also impacts LA and Pasadena elections in that the voter registration deadline falls on that day--so it's probably already too late unless the Registrar of Voters makes a special accommodation. There's only one week left for absentee ballot requests for LA. In Glendale, that process is just about to commence, so if you plan to vote by mail, get your request in soon. The ANC is always willing to help. For Burbank call (818) 562-1918 or [email protected]. For Glendale it's (818) 243-3444. Or call the Western Region's offices for other references (818) 500-1918. Remember, who gets into local office impacts your life on the most immediate level. Make sure the right people get in. Which means VOTE. All subscription inquiries and changes must be made through the proper carrier and not Asbarez Online. ASBAREZ ONLINE does not transmit address changes and subscription requests. (c) 2005 ASBAREZ ONLINE. All Rights Reserved. ASBAREZ provides this news service to ARMENIAN NEWS NETWORK members for academic research or personal use only and may not be reproduced in or through mass media outlets. --Boundary_(ID_av8dS4+Hr2lu2X8aR98j7A)--

RUSSIA WANTS PEACEFUL AND SOONEST SETTLEMENT OF ALL POST-SOVIET CONFLICTS, LAVROV SAYS
ArmenPress
Feb 17 2005
YEREVAN, FEBRUARY 17, ARMENPRESS: Armenian and Russian foreign
ministers Vartan Oskanian and Sergey Lavrov discussed today a wide
range of issues in Yerevan, from economic cooperation, Nagorno Karabagh
conflict and the two countries’ interaction within international
organizations.
Russia wants peaceful and soonest settlement of all conflicts on the
post-Soviet territory, Lavrov said while negotiating with his Armenian
counterpart. In a reference to the Nagorno Karabagh conflict Lavrov
expressed hope that “the Prague process” will help the two sides to
find a mutually acceptable peace formula, saying also that Russia is
ready to act as its guarantor.
“We maintain partner-like and allied economic relations and those
in the field of security, ” Lavrov said.
For his part Oskanian said: We have managed to build top-level
relations and right now our relations amount to strategic
partnership. Armenia and Russia lack any political differences. We
share common regional and global interests.”

Putin, Aliyev open Year of Azerbaijan in Russia
ITAR-TASS, Russia
Feb 16 2005
In his speech Putin said, “Due to national identity our peoples
always show interest in and will be very important for each other.”
“The most valuable thing is that in all turns of their history Russians
and Azeris assisted to each other and remained reliable allies and
good friends.”
“In the last 10 years the positive development of relations between
Russia and Azerbaijan was conditioned by Geidar Aliyev’s authority
and wisdom. We, Russians, remember and honour his merits,” Putin said.
He recalled, “Brotherhood of our people experienced in the fight
against fascism. We’ll soon mark the 60th anniversary of VE-Day and it
is natural that we’ll celebrate it together.” The Russian president
thanked Aliyev for he accepts the invitation to visit Moscow as part
of the VE-Day celebrations.
Addressing Azerbaijan’s veterans Putin said, “We honour courage and
heroism of 600,000 Azeris who fought on the fronts of World War II
and struggled for the common victory.” A total of 42 Azeris were
given the title of Heroes of the Soviet Union. Twelve Azeris were
awarded complete sets of the Order of Glory.
On the present development of Russian-Azerbaijani relations, Putin
said political, economic and cultural cooperation is developing
dynamically. “I mean mutually beneficial cooperation, the creation of
new jobs and migration, the use of the common cultural and information
space, including in the field of education,” the president explained.
He stressed that Russia and Azerbaijan “are a significant factor
of regional stability.” Russia and Azerbaijan “are interested in
using the CIS possibilities more actively in order to solve social
and economic problems and jointly counteract the threats to national
security, terrorism and extremism.”
The Russian president said he is convinced that Russia “seeks to do
its best to settle the Nagorno-Karabakh conflict and ensure reliable
stability in the region.”
Putin considers the openness of Year of Azerbaijan in Russia “an
absolutely landmark event.”
“It’s very pleasant that our meeting have become regular. Now you’ve
arrived for such pleasant reason – to open Year of Azerbaijan in
Russia,” the Russian president said.
“We attach much significance to this event. I hope that the year 2005
will facilitate the expansion of bilateral friendly relations. We’ll
become closer,” Aliyev said. He expressed the hope that Year of Russia
in Azerbaijan will be held in 2006.
–Boundary_(ID_g1phpfgLI3YwpO3Xo+bOsg)–

THE TURKEY ISSUE
Azg/arm
15 Feb 05
French Analyst Article in Moscow Paper
One can only wonder reading articles of European political scientists
on Islam, Islamic states and their civilizations: canâ~@~Yt
these people see or donâ~@~Yt they want to see the real danger to
Christian civilization or civilization as a whole? How close does the
Muslim world stand to such noble European ideas as democracy, human
rights, womanâ~@~Ys emancipation, respecting the rights of national
minorities? When the Muslims were â~@~Xstrugglingâ~@~Y for the right
of wearing headscarves, they skillfully used the European credo of
freedom. But who will ever see a Christian demand a similar thing in,
say, Saudi Arabia or Iran.
>>From this perspective and from the viewpoint of Armenian subjective
approach, the article of Thierry de Montbrial, president of French
Institute of International Relations, entitled â~@~XThe Turkey
Issueâ~@~Y published in one of Moscow newspapers is immensely
interesting.
Montbrial thinks that the widening of the European Union makes it
versatile and variegated and considers it is dangerous. The Turkey
issue arises on this ground. Turkey entered the pilot stage of EU
accession after the Helsinki sitting in 1999. Three years later, just
before the Copenhagen summit, Justice and Prosperity Party declaring
adherence to Islam and bidding for a “party of Muslim democracy” came
to power. Meanwhile the new government continued the policy of reforms
launched by their predecessors and received the monitoring group of
the European Commission, to great surprise of numerous observers. Thus,
Turkey is doing everything to join the “Christian Club”.
The French analyst asks why they fear Turkey in Europe. Turkey for
most of the Europeans, he says, is an embodiment of deeply rooted
events that make them dread. The image of a dangerous enemy and
conqueror is palpable.
Democracy is another cause for fear; Turkeyâ~@~Ys population is about
70 million and keeps on growing. Once an EU member, it may have the
greatest majority of representatives at the European Parliament.
Thirdly, Europeans fear Islam that grew in momentum after the 9/11.
Franceâ~@~Ys open opposition to Turkey-EU relations, and the apologists
of Turkey-free Europe often refer to French politiciansâ~@~Y
statements. “Turkey stands very close to Europe and it has a real
political elite. Its importance is great but it is not considered a
European state”, Valeri Giscard d´Estaing, ex-president of France,
stated. If it becomes a member of the community that will be “the
end of the European Union”, Thierry de Montbrial wrote.
The most important part of the article for the Armenians is perhaps
the part where Montbrial speaks of the possibilities of general
reconciliation.
Itâ~@~Ys obvious, he says, that the UE is leaning on few conjoint
ideas that are united forming a system. They are: democracy, human
rights, respect for and protection of minorities, the rule of law,
reconciliation, secular government and market economy (Copenhagen
criteria).
The French analyst highlights 3 issues: relation of democracy to
minorities, secular government and reconciliation. He says that it
would be a great achievement if Turkey manages to settle all issues
concerning national minorities, the Kurdish issue first and foremost,
in accordance with the Western criteria.
Mentioning of the societyâ~@~Ys secularization, the author hesitates
that implacable adherents of Islam may come to power if Turkey fails
in effecting democratic reforms to join EU. They are possibly waiting
for their hour hoping that Turkeyâ~@~Ys candidacy will be voted down.
Concerning reconciliation, the author emphasizes latterâ~@~Ys romantic
nature no matter how desirable it is. Those concocting great plans have
the right and even have to dream. Why cannot we dream of reconciliation
of Turks and Greeks, successors of the Byzantine and Ottoman empires,
and even of representatives of 3 religions?
Though it is hard to imagine, Montbrial notes, we can also dream of
Armenian-Turkish reconciliation on the basis of European project. What
we mean by project is a system that will include realization of the
3 following conditions.
Firstly, each stage of broadening the EU has to be tested not
to destroy the system as a whole. The process of “transplantation”
has to be controlled. So, the immediate joining of such a country as
Turkey is hardly possible, it may happen in the course of time.
Secondly, the member states have to prove in practice that they
are truly following the Copenhagen criteria. Whereas it is scarcely
optimistic as regards Muslim countries.
And thirdly, no EU candidate can join the Union unless there is
unanimous consent of the member states after the accession talks. The
French analyst is pessimistic as regards the results of the future
talks.
All in all, Montbrial thinks that it would be a mistake not to start
accession talks in near future. Unless we do that, nationalistic and
Islamic forces turned against Europe will come to light throwing the
country into crises with unimaginable consequences. Besides, Montbrial
states unambiguously, the start of the talks is not equivalent to
the end.
By Ruben Hayrapetian
–Boundary_(ID_3eDjzlvNlhzjYxVgevJJ6w)–

TURKEY TO TARGET AT ORHAN PAMUK
Azg/arm
15 Feb 05
Turkish Papers and Scientists Declare Him Traitor of Nation
The Swiss Tagesanzeiger published the interview given by Orhan Pamuk,
Turkish novelist, in its February 6 issue. Itâ~@~Ys worth reminding
that the Turkish novelist emphasized the necessity to publicly speak
about the tragic events that took place in the past and added: “30
thousand Kurds and 1 million Armenians were killed in Turkey. Almost
no one dares speak but me, and the nationalists hate me for that.”
The statement made by Pamuk aroused indignation in Turkey and he
became the target of almost all Turkish newspapers that condemn him
of treason.
For example, Vatan newspaper touched upon the statement of Pamuk in
“Is the Freedom of Speech Is Also Freedom of Treason?” article, while
the article published in Aksham is entitled “Why Does Pamuk Hate?”
Hyurriet called Pamuk “the black writer” in the article by Fatih
Altay. The newspaper calls him a liar, emphasizing that his approach is
that of an enemy. Hyurriet called the writer “a miserable creature,”
adding that they even donâ~@~Yt want to waste their hatred on him.
The Turkish scientists join the Turkish press in making Orhan Pamuk
a target for criticism and hatred. In order to comment Pamukâ~@~Ys
statement, Gazete Vatani turned to Tokamesh Atesh, professor at the
Istanbul University, who called this statement a huge drawback for
the novelist, adding that the history shouldnâ~@~Y t be analyzed like
that. Professor Bahaddin Yediydez accused Pamuk of ignorance and said:
“There is not a single country in the world where the state authorities
do not interfere with the rebellion of a separate ethnic group.”
Professor Hikmet Ozdemir, head of the Armenian Studies Department at
the Turkish Union of Historians, threatened to refute the “unfair”
statement of Pamuk scientifically. At the same time, he emphasized that
he, as a scientist, canâ~@~Yt seriously treat Pamuk, saying that his
statement about the massacre of 1 million Armenians is a “great lie.”
Halil Inaljek, professor at the Bosphorus University, accepting the
worldwide fame of Pamuk, condemned him of making an irresponsible
statement against the Turkish state and the Turkish nation.
Perhaps, only Halil Berktay, professor at Sabanj University, supported
Pamuk describing him as a fair intelligent and pointed out that he
told the truth. Berktay added: “In 1915-16 about 800 thousand or 1
million Armenians were killed for sure. I donâ~@~Yt know how many Kurds
were killed in the Southeast of the country. But, I think it is quite
possible that the number of the killed Kurds amounted 30 thousand.”
Itâ~@~Ys worthless to comment on the response of the Turkish press
and the scientists to the statement made by Orhan Pamuk. We just want
to inform our readers about the confrontation, so that the Armenian
society can response the anti-Armenian statements of the dregs of
society that have to unfold Turkish-Azeri propaganda in Armenia. At
the same time, we want to tell the public, culture and political
figures visiting Turkey that they shouldnâ~@~Yt mix the tolerance in
issue of the difference in the opinions with joining their voices to
the Turkish denial of the Armenian Genocide.
By Hakob Chakrian
–Boundary_(ID_cKRHIYQS10BhdxajPcXSaA)–

‘Economic Viability of Our City Warrants More Vigilance’
By PRANAY GUPTE, Special to the Sun
The New York Sun
February 14, 2005 Monday
Taking lunch with Robert M. Morgenthau, the most powerful prosecutor in
America, the reporter is immediately conscious of the fact that he’s
a living legend – and has been so since he became Manhattan district
attorney 30 years ago. Other famous people in this Midtown restaurant
discreetly stare. Some come up to shake his hand. Others wave at him,
and he waves back. Still others avert their eyes.
But when a reporter asks what it feels like to be a living legend –
he’s the second-longest serving district attorney in American history
(one of his predecessors, Frank Hogan, was Manhattan DA for 32 years);
he’s had cumulatively the longest prosecutorial tenure in any country;
he’s been the scourge of international money-launderers, murderers,
and Wall Street fraudsters – Mr. Morgenthau doesn’t seem particularly
inclined to respond to the question.
It was a natural question to ask. It’s not just his record as district
attorney that’s the stuff of legends. Mr. Morgenthau was a celebrated
U.S. Attorney for the Southern District for several years before he
became district attorney, having prosecuted the socialite lawyer Roy
Cohn and also having created the country’s first securities fraud
bureau. If New York corporations are more vigilant today with regard
to their books, and if their CEOs are less inclined to raid their
treasuries, and if shareholder interests are better served, it’s
substantially because of the tough standards of vigilance and scrutiny
that Mr. Morgenthau has brought to the financial community – and to
the severe penalties he’s sought for white-collar criminals. Just last
week, for example, Arab Bank closed down its Madison Avenue branch
after the district attorney’s office found a damning trail of money
from its premises to terrorist organizations in the Middle East.
So the reporter asked again: “Well, do you ever think of yourself as
a living legend?”
“Living legend?” Mr. Morgenthau said in his dulcet voice, chuckling
ever so slightly as he carefully worked his way through a salad and
scallops at lunch, as though he was somewhat amused by the question.
“Those aren’t my words. I would never use those words.”
Of course he wouldn’t. He’s a remarkably modest man, almost painfully
reluctant to talk about his accomplishments. His work has been
validated not only by a lengthy string of convictions obtained over
five decades in public office, it has been honored by awards and
memorabilia that fill his office, spill over into his Upper East Side
home, and occupy yards of shelves and walls in the homes of some of
his seven children.
The reporter persisted. “But a lot of people look up to you as a role
model,” he ventured, also noting that many movies, and the long running
“Law and Order” franchise on television, have featured characters
clearly based on Mr. Morgenthau.
“Role model?” Mr. Morgenthau said. “Well, I leave that to others to
decide, too.”
That verdict, in fact, has long been in. He has inspired and
encouraged at least two generations of lawyers and prosecutors,
including New York State Attorney General Eliot Spitzer, who was part
of Mr. Morgenthau’s rackets bureau. Former mayor Rudolf Giuliani, who
was U.S. attorney for the Southern District, is another figure who
acknowledges the Morgenthau influence on his prosecutorial pathway.
Four other U.S. Attorneys also served under Mr. Morgenthau, as
did eight federal judges in the Southern District and 30 current
criminal-court judges. The late John F. Kennedy Jr. worked for him.
If a man’s lifework is to be assessed by how he shaped the careers and
professional sensibilities of those who served under him, then it’s
certainly no hyperbole to say that Mr. Morgenthau is a living legend.
His downtown office, at One Hogan Place, is legendary, too. With
502 lawyers, it is the one of the busiest district attorney offices
in America, handling more than 110,000 cases each year. When Mr.
Morgenthau first became district attorney – after defeating Richard
Kuh, who’d been appointed by then Governor Malcolm Wilson when Frank
Hogan died in 1974 – Manhattan was No. 1 in murders in New York’s
five boroughs. Each year, nearly 700 murders occurred in Manhattan,
or almost 40% of the city’s total. Last year, that figure was down
to 91, representing just 16% of the city’s murders annually.
Mr. Morgenthau is quick to share that success with the city’s Police
Department and to the men and women he calls “indefatigable enforcers
of the law.” He’s always liked cops, even though his office has put
some 100 corrupt ones behind bars. Cops have liked him, too, not the
least because of his intense involvement with the Police Athletic
League, which organizes educational and sports programs for more
than 70,000 minority-group youths and other boys and girls – ages
5 to 18 – from the less privileged of New York’s neighborhoods. He
became president of the PAL in 1962 and held that office until 10
years ago, when he was elevated to chairman. Rare is the PAL event
or NYPD ceremony where Mr. Morgenthau isn’t present.
Rare is the occasion, too, when he doesn’t attend the games of the
baseball league that the Manhattan district attorney’s office has put
together. Mr. Morgenthau, a spry, wiry man who could be easily taken
for a man decades younger, is especially attentive to the importance
of physical fitness: when he talks to young people about looking after
themselves, he’s alluding to his own daily regimen of an hour on the
treadmill, of lifting weights, and watching his diet.
On a different plane, rare, too, is the occasion when Mr. Morgenthau
doesn’t speak out forcefully about two social issues – among others
– that he deeply cares about: the hiring of women and minorities,
and tackling domestic violence.
‘When I became district attorney, the office had 10 minority assistant
district attorneys, and 19 women ADAs,” he said. “Now we have 110
minority-group ADAs, and 244 women ADAs.”
Indeed, half of the lawyers who work with Mr. Morgenthau are women – by
far the best percentile representation of women in any law-enforcement
agency in America. Nearly 50 lawyers attend exclusively to domestic
violence and spousal-abuse cases. Mr. Morgenthau may be a man of
extraordinary social tolerance, but he will not condone domestic
violence. “Women, and all those who find themselves vulnerable in
domestic situations, must feel that they are protected at all times,”
he said.
But how much of his hiring and the emphasis on issues such as domestic
violence and women’s rights is a result of social activism on his part,
the reporter wanted to know, how much of it flowed from a desire to
be politically correct?
“Our hiring is done by a committee of 30,” Mr. Morgenthau replied.
“We hire strictly on merit. We don’t vet people for their social
beliefs. We hire people to uphold the laws that are on the books.”
That means, above all, that he wants people to be committed to public
service. It means that he wants them to work long hours. It means
that he wants people who display humility, not arrogance. “I want my
staff members to never abuse the power and authority that come from
being a prosecutor,” Mr. Morgenthau said. “I give all ADAs heavy
responsibility early on.”
“Unlike in a law firm, where you have to slog for years before you
become a partner, in my office everyone’s a partner from the day he
or she is hired,” Mr. Morgenthau said. His own rise after World War
II from an associate to partner at Patterson, Belknap & Webb took
only six years.
Of course, that doesn’t mean that there isn’t a seniority system in the
Manhattan district attorney’s office. Nor does it mean that different
units within the office aren’t competitive with one another. Indeed,
some staff members have even been known to shout at each other over
the question of grabbing big cases. (Top prosecutors in his office
get about $90,000 a year, far less than starting associates fresh
out of law school, who many big law firms hire at $150,000 annually;
starting lawyers in the DA’s office get $48,000 a year.)
But Mr. Morgenthau’s emollient personality – and his status – doesn’t
invite anyone to shout at him. And unlike several top prosecutors
around America, he’s not one to grab major cases from his subordinates.
“I’m not one for grandstanding,” he told The New York Sun. “I don’t do
showboating. I pick good people, I give them lots of responsibility,
and I don’t take away the big cases from them.”
“I believe in mentoring,” Mr. Morgenthau added. “I believe in sharing
my experience with young people.”
That belief surely stems from the fact that he himself benefited from
wisdom and guidance of mentors early in his professional life. One
major mentor was Robert Porter Patterson, a legendary figure in legal
and government circles. “He was an absolute straight arrow,” Mr.
Morgenthau said of him. “But if he liked you, you couldn’t do
anything wrong. Because of his own tenure in government, he left
an extraordinary impression on me about the importance of public
service. It’s an impression that I always relay to the young people who
I hire. It’s important for older lawyers to take interest in developing
the careers of younger lawyers. I’ve always tried to do that.”
Mr. Morgenthau’s professional relationship with Mr. Patterson –
who also served as U.S. secretary of war, as a judge on the Second
Circuit Court of Appeals, and as the president of the Council on
Foreign Relations, and of Freedom House – was such that the older
lawyer would take Mr. Morgenthau on virtually every business trip
around the country. On January 22, 1952, Mr. Patterson went on a trip
to Buffalo, but Mr. Morgenthau begged off because he was preparing
a brief for a Supreme Court case. That evening, the plane that Mr.
Patterson had
boarded to take him back to New York, crashed in a driving snow storm
in Elizabeth, N.J. Mr. Morgenthau almost surely would have been among
the fatalities.
It wasn’t the first time that he escaped an encounter with death.
During World War II,when he was the 23-year-old executive officer
of the USS Lansdale, a Nazi torpedo sank his ship. He drifted in the
Mediterranean on a lifebelt for four hours off the shores of Algeria
before he was rescued. “I didn’t have much of a bargaining chip, but
I made a deal with the Almighty in those hours – the deal was that
if I survived my ordeal, I’d give something back to society,” Mr.
Morgenthau said. “Everything that I’ve done in life since has been
a payback.”
Some months later, he got an opportunity to renew that deal. Serving
aboard the USS Harry F. Bauer just north of Okinawa in the Pacific,
the American fleet was attacked by 1,900 Japanese kamikaze planes.
Some 700 of those planes met their targets; Mr. Morgenthau’s ship,
which was the target of seven separate attacks, was hit by a torpedo
and a 500-pound bomb, neither of which detonated. He recalled that the
day of one of the Japanese attacks, May 11, 1945, was the birthday of
his father, Henry Morgenthau Jr., President Franklin Delano Roosevelt’s
secretary of war.
“I didn’t want to get killed on my father’s birthday,” he said. He
wound up shooting down 17 Japanese planes. For his bravery in action,
he and his fellow sailors were awarded the Presidential Unit Citation.
“Of all the awards that I’ve received in life, I’m proudest of this
one,” Mr. Morgenthau said, quietly. “I really am. Those aboard my
ship were incredibly brave. You learn very quickly what teamwork
is all about, how important it is in life to support the people you
work with.”
That support manifests itself in the manner in which Mr. Morgenthau
ensures that his staff is insulated from the political pressures that
inevitably come from the Establishment.
“I never tell my assistants about the political calls I get,” Mr.
Morgenthau said. “They must always feel free to do what is right
in the cases that they handle. I believe in approaching every case
without fear or favor, and my staff members share that thinking.”
When those political calls come – usually to ask for deferring or
delaying an investigation – Mr. Morgenthau’s typical response, as he
put it, is: “I ask my assistants to expedite the case. By now people
know better than to try and muscle me.”
His response to unseemly political pressures from important members
of New York’s Establishment has, in fact, resulted in a long parade of
prominent indictments and convictions, including those of state Senator
Guy Velella. A powerful Bronx Republican, Mr. Velella pleaded guilty
to a felony – which involved influencing state agencies – lost his
law license, and was sent to prison. He also resigned from the New
York State Legislature. Mr. Morgenthau has been equally unyielding
about prosecuting errant Democrats, including the majority whip
of the state Assembly, Gloria Davis of the Bronx, and the former
chairman of the Bronx Democratic county committee, Richard Gidron,
who was indicted for evading more than $2 million in sales taxes
(and who wound up paying the money).
But being an elected official – Mr. Morgenthau is up for re-election
in November – who must depend on political fund-raising, isn’t it
hard to resist political pressures?
“It gets easier each year,” the district attorney said. “You have
fewer pressures put on you to grant favors. People know I don’t
grant favors.”
Have there ever been physical threats against him? Has anyone every
tried to bribe him?
“Never,” Mr. Morgenthau said. “Not once. And I don’t worry about these
things either. I don’t get paid to worry.”(His salary is $150,000
a year.)
Some have suggested that Mr. Morgenthau’s indifference to political
pressures as well as physical threats that a high-octane prosecutor
might attract flows from his remarkable family history. His
father, Henry Morgenthau Jr., not only served in FDR’s Cabinet with
distinction, he was also the president’s confidant. His grandfather,
Henry Morgenthau, was President Woodrow Wilson’s ambassador to Turkey,
the creator of Israel bonds and a founder of the United Jewish
Appeal. As chairman of the Greek Resettlement Commision, which had
been set up by the League of Nations, Ambassador Morgenthau helped
stop the genocide of the Armenian people. Streets in Greece – in
Salonika, Piraeus and other places – have been named after Ambassador
Morgenthau, who remains a much revered figure in the worldwide Armenian
and Greek communities.
“I was extremely close to both my father and grandfather,” Mr.
Morgenthau said. “They were certainly role models. But I also realized
early in life that I didn’t want to ride on my father’s back all my
life. I had the need to establish my own independent identity.”
That need propelled him through Amherst College and Yale Law School.
It drove him through the ranks of Patterson, Belknap & Webb. It fetched
him an appointment by President John F. Kennedy as U.S. attorney for
the Southern District. It has driven him to participate in humanitarian
activities ranging from the chairman of the Museum of Jewish Heritage –
A Living Memorial to the Holocaust to being a trustee of Smith College.
The influence of his father and grandfather, above all, has meant
a continuing emphasis by Mr. Morgenthau on probity in public and
corporate life.
“New York City has a special obligation to be an exemplar,” the
district attorney said. “We are the financial capital of the world.
We want our citizens – and the world’s citizens who come here – to feel
safe, to feel that they don’t get caught up in corrupt transactions.”
But doesn’t his emphasis on prosecuting crimes in the financial and
corporate communities dampen enthusiasm for doing business in New York?
“It’s important to pursue these cases because corporate – and political
– behavior has an impact on the cost of living in the city, and on the
cost of doing business,” Mr. Morgenthau said. “As financial pressures
mount for companies and CEOs to perform, too many tend to look the
other way when improper things are going on.
“My concern is for the economic viability of the city. Some 79% of New
York’s payroll jobs are in Manhattan. If companies and individuals
don’t pay sales and other taxes, then somebody else – usually the
common citizen – winds up making up for the slack. My office has
brought in $125 million in uncollected sales tax revenues for New
York. I also like to think that my office has made a positive impact
on generating better corporate governance.”
His office has also had setbacks in some high profile cases. The
much-publicized moves against Tyco’s Dennis Kozlowski and Mark Swartz
ended in mistrial, when one juror held out on a guilt verdict. Tyco
counsel Mark Belnick was recently acquitted on all counts.
He’s surely upset by such setbacks, the reporter asked?
“I never look back,” Mr. Morgenthau said. “I’m an incorrigible
optimist. You’re always going to win some and lose some. – there’s
always that risk. Even Ted Williams had a batting average of .406.
That meant 60% of the time he wouldn’t even get to first base. I
always do the best that I can, I always want to be satisfied that
my office has put in its best efforts. Then let the chips fall where
they may. Judges can make mistakes, too. But I’m a firm believer in
the jury system. I believe that there’s no place like America.”
That is why he’s especially concerned about the country’s – and city’s
– security. As he seeks another four-year term, Mr. Morgenthau says
he will stress anti-terrorism measures even more, developing stronger
ties with the Police Department, and accelerating cooperation with
federal and state authorities.
“We will devote more resources to interrupting the money going to
Middle East terrorist organizations,” he said, recalling earlier
successful campaigns against Arab Bank, Hudson United Bank – which
paid $5 million in fines – and others.
Then there will be greater emphasis on the use of DNA to solve crimes
and also in cases where such evidence can exonerate those wrongfully
convicted. “I believe in total fairness,” Mr. Morgenthau said. “That
also happens to be the basis of American jurisprudence.”
There will be closer scrutiny of alleged wrongdoing in the financial
community, and there will be careful examination of how persons in
positions of public trust conduct their affairs.
“It’s always got to be a level playing field,” Mr. Morgenthau said.
“Everybody’s got to play fair, everybody’s got to pay their taxes
– and everyone from the bodega to the hallowed corridors of money
need to be treated the same in the eyes of the law. I want people
to have confidence in their government, and in their law-enforcement
apparatus.”
As much as anything Mr. Morgenthau said, this last bit seemed to
capture his ethos. But there remained an important question to
ask him: He’s being challenged this year by Leslie Crocker Snyder,
a 62-year-old former judge, prosecutor, and television commentator.
Implicit in her challenge is the question of the district attorney’s
age – whether he is physically fit for the rigors of the job.
But the reporter got his answer without even having to ask the
question.
It happened this way: Mr. Morgenthau offered to drop him at his
office, which isn’t very far from the district attorney’s downtown
headquarters. On the way to Mr. Morgenthau’s car, which was parked
near the restaurant, the prosecutor walked so briskly that it was the
reporter – admittedly portly but considerably younger than his guest –
and not Robert Morgenthau, who was left short of breath.

Libération, France
jeudi 10 février 2005
Quand la Turquie redécouvre sa mémoire arménienne
Livres et expos traitent du tabou du génocide arménien, occulté
depuis 1915.
Par Ragip DURAN
Istanbul de notre correspondant
Occultée pendant quatre-vingt-dix ans par l’histoire officielle, la
mémoire arménienne ressurgit en Turquie. Les livres et les
expositions sur ce sujet rencontrent les faveurs du public. Alors que
la Turquie va entamer, à l’automne, ses négociations d’adhésion avec
l’Union européenne, un tabou est brisé.
Prénom changé. Le succès du livre de l’avocate Fethiye Çetin, Ma
grand-mère, en témoigne. Membre de la Commission des minorités du
barreau d’Istanbul, elle raconte comment elle a retrouvé les traces
de sa famille arménienne. «Je l’ai appris très tard. Ma grand-mère
était née arménienne, mais elle a été enterrée en musulmane. Quand
elle est morte, j’ai publié une petite nécrologie dans la revue
Harach, qui paraît en France, afin de retrouver mes parents perdus»,
raconte Fethiye Çetin. Le prêtre du village natal de sa grand-mère,
installé en France, se souvenait d’un lointain parent chrétien,
adopté par une famille musulmane en 1915 et qui avait changé son
prénom.
Autre exemple : l’exposition de cartes postales des années 1900-1914,
organisée à Istanbul mi-janvier, qui montrait, chiffres à l’appui et
ville par ville, l’omniprésence des communautés arméniennes sur le
territoire ottoman. «En Turquie, l’histoire a toujours été enseignée
par rapport au seul peuple turc, comme s’il n’y avait jamais eu que
lui sur ce territoire. Quand on parle des Arméniens, ils ne sont pas
décrits comme une partie intégrante de la société, mais comme une
source de problèmes», explique Osman Koker, directeur de
l’exposition. Même engouement pour le livre sur la gastronomie
arménienne de Takuhi Tovmasian, Bonne et joyeuse table. Souvenirs de
la cuisine de ma grand-mère. Des romans commencent aussi à sortir
comme, le Dernier Arménien, de Peter Najarian.
Si les élites commencent à débattre de la question arménienne, le
sujet reste quand même très sensible. Des historiens de Turquie et
d’Arménie, proches de leurs gouvernements respectifs, ont tenu des
réunions préparatoires afin d’échanger des documents officiels, mais
le manque de bonne volonté et de confiance a empêché la poursuite de
ce dialogue. Une délégation turque composée d’intellectuels de gauche
et islamiques, venue en décembre à Erevan, capitale de l’Arménie, y a
été relativement bien accueillie mais elle est rentrée sans aucun
résultat concret. Certaines initiatives laissent apparaître un léger
changement dans l’attitude des dirigeants d’Ankara. Le Premier
ministre, Recep Tayyip Erdogan, issu du mouvement islamiste, a ainsi
inauguré en décembre un Musée arménien à Istanbul, peu avant le
sommet européen de Bruxelles.
«Malgré ces petits changements, il reste encore beaucoup à faire au
niveau de l’Etat et de la société», estime Hirant Dink, directeur de
l’hebdomadaire Agos. Deux spécialistes turcs de la question
arménienne, Taner Akcam et Halil Berktay, dont les publications
démentent les thèses officielles d’Ankara, sont encore bannis des
milieux académiques et des médias. Dans l’imaginaire populaire, le
mot «Arménien» conserve une connotation péjorative. Par exemple, les
«terroristes séparatistes kurdes» étaient accusés par les grands
médias d’être des «rejetons d’Arméniens». Le chanteur Charles
Aznavour fut interdit d’antenne dans les années 70-80, parce qu’il
était de souche arménienne. Le film Ararat, du réalisateur canadien
d’origine arménienne Atom Egoyan, n’a pas pu être projeté en Turquie
malgré un visa officiel, car des groupuscules d’extrême droite
avaient menacé de brûler les salles de cinéma.
Lourd héritage. La reconnaissance, ces dernières années, du génocide
arménien de 1915 par une dizaine de pays, dont la France, a provoqué
un choc. La République turque, créée sept ans après la tragédie, n’a
toujours pas réussi à se situer par rapport à ce lourd héritage.
«Nous devons trouver une solution où il n’y aura ni perdant ni
gagnant», assure Hirant Dink. Les Arméniens de Turquie restent pour
la plupart sceptiques sur la position de la France, souhaitant faire
de la reconnaissance du «génocide» un préalable à l’adhésion turque à
l’UE. Chroniqueur au quotidien Zaman, l’écrivain Etyen Mahcupyan,
Arménien d’Istanbul, rappelle que «la population turque n’a pas
encore pleinement conscience du problème et, dans un tel contexte,
imposer une solution ne peut que susciter des réactions hostiles».
–Boundary_(ID_GTfFT+qtgnZbQo+Rubx5Ww)–
From: Emil Lazarian | Ararat NewsPress

Trustbuster
by Scott Woolley,
Forbes
Feb 11 2005
A tiny upstart in the cigarette business threatens to topple a
comfortable cartel engineered by big tobacco companies and their
strange bedfellows, the state attorneys general. Big tobacco was
supposed to come under harsh punishment for decades of deception when
it acceded to a tort settlement seven years ago. Philip Morris,
R.J.Reynolds, Lorillard and Brown & Williamson agreed to pay 46
states $206 billion over 25 years. This was their punishment for
burying evidence of cigarettes’ health risks.
But the much-maligned tobacco giants have subtly and shrewdly turned
their penance into a windfall. Using that tort settlement, the big
brands have hampered tiny cut-rate rivals and raised prices with near
impunity. Since the case was settled, the big four have nearly
doubled wholesale cigarette prices from a national average of $1.25 a
pack (not counting excise taxes) in 1998 to $2.10 now. And they have
a potent partner in this scheme: state governments, which have become
addicted to tort-settlement payments, now running at $6 billion a
year.
A key feature of the Big Tobacco-and-state-government cartel: rules
that levy tort-settlement costs on upstart cigarette companies,
companies that were not even in existence when the tort was being
committed. The 1998 scheme came under legal attack almost from the
start. While the cartel has fought off most of these challenges, it
has just taken a palpable hit.
A federal court in New York tossed out a key antidiscounter rule, and
the entire settlement could yet crumble. This is due to the
doggedness of one Jeffrey Uvezian, who sells cheapie cigs under such
brands as Cobra, Boston and Tough Guy, through his company,
International Tobacco Partners. Uvezian has since 2002 been waging an
antitrust attack on the big tobacco companies and their allies in the
state attorneys general offices.
The one academic study to measure the impact of the settlement on Big
Tobacco backs up Uvezian: The deal raised both profits and stock
prices of the big companies. This finding comes from economist Frank
Sloan of Duke University–an institution founded, ironically, with
tobacco money. New York Attorney General Eliot Spitzer’s office
dismisses Uvezian as a dangerous renegade intent on undoing the
“spectacular results” of the 1998 settlement. Spitzer’s deputy
counsel Avi Schick says the settlement is directly responsible for a
17% decline in cigarette consumption since 1997. He rejects Uvezian’s
charge that Big Tobacco has profited from the tort case and calls the
Duke University study so flawed “as to be worthless.”
Regardless, Schick says, the higher prices and lower sales “directly
translates into tens of thousands of longer, better and healthier
lives.” “It is very common for vice to masquerade as virtue,” Uvezian
retorts. He stole that line from U.S. Judge Dennis Jacobs of the
Second Circuit Court of Appeals in NewYork, who made the observation
in a hearing related to Uvezian’s case earlier this month.
A second zinger came after a deputy attorney general for New York
declared that to believe the states had sold out to Big Tobacco, you
would have to assume that 46 attorneys general are liars. “That’s
tempting,” Judge Guido Calabresi shot back. “It may be that when the
states were offered a stake in a monopoly, they took it.” In getting
the four cigarette titans to agree to pay the states princely sums,
which would require price increases, the states agreed to help the
big brands avoid getting undersold by discounters. They did so by
requiring even new off-price brands to pay roughly the same level of
fees (now about 40 cents a pack). The states were disarmingly
transparent about their intent: to “fully neutralize” the competitive
advantage of the discounters, the settlement says.
The settlement took hold in November 1998, and the giants instantly
raised prices by 45 cents a pack–this at a time when Marlboros
retailed for about two bucks a pack. That was enough to cover
payments to the states and then some, but the big brands continued
with a spree of price hikes–up 18 cents a pack the next year, then
up 19 cents the year after that. The incessant price hikes created an
opening for discounters, who spotted and then exploited a loophole in
the fee rules.
The settlement let them get refunds from states where they didn’t do
business, so a newcomer who sold cigarettes only in, say, Virginia
would get back 98% of the state-imposed fees. And so a flood of new
cut-rate brands popped up, including a handful of upstarts from
Jeffrey Uvezian. The son of a well-known cigarmaker, he previously
was running a cigar factory in the Dominican Republic and had begun
importing cheap smokes from Armenia, his ancestral homeland.
Discounters sold less than 1% of the cigarettes in the U.S. in 1997,
garnering a tiny share of the $49 billion smokers spent. The
discounters hiked their take to 8% in 2003 and cost the states a
cumulative $600 million in payments they otherwise would have
received. William Sorrell, attorney general for Vermont, who was
overseeing the settlement, urged state legislators to close the
loophole by passing a new law to eliminate any refunds. In a
confidential memo to fellow attorneys general, he noted that all
states have an interest in reducing the sales of discount brands.
So far 39 states have passed this measure, requiring all discounters
to pay the full fees even if they operate in only a few states. After
Indiana passed the law, Uvezian was forced to hike his prices by 50%.
His monthly sales in the state dropped from 20,000 packs to 11,600.
Four months later he abandoned the state altogether. In August the
nation’s biggest discounter, General Tobacco, capitulated and joined
in the settlement, agreeing to pay $1.7 billion to the states over
the next ten years even though it had no part in the cancer coverup.
Uvezian hired a venerable antitrust lawyer, David Dobbins, 76, and in
early 2002 sued in federal court to overturn the new law in NewYork
State and derail the settlement itself. Dobbins says that in 50 years
as a lawyer he had never seen a cartel so brazen: “If you’re an
experienced antitrust lawyer, this case just blows your mind.”
Dobbins previously had sued to challenge the settlement, representing
two tiny wholesalers in a federal lawsuit against the big brands
filed in western Pennsylvania. The case was thrown out. Then the
Third Circuit Court of Appeals in Philadelphia took on the matter.In
June 2001 it declared that while “it is clear” the accord “empowers
the tobacco companies to make anticompetitive decisions with no
regulatory oversight by the states,” the settlement was immune from
antitrust laws.
Dobbins and his new client, Uvezian, similarly lost the first round
in their case in early 2002, when a federal District Court judge in
New York rejected it. They filed an appeal to the Second Circuit in
New York, argued the case in August 2002–and won a surprising ruling
in their favor in January 2004. The decision let Uvezian pursue his
lawsuit on antitrust grounds, returning the case to federal trial
court in New York.
Then last October the trial judge issued a split decision:He sided
with Uvezian and enjoined the New York State law that eliminated the
discounter refunds. “The state has failed to elicit any justification
whatsoever for its passage,” the judge said. The refund ruling was a
landmark, the first settlement-related rule ever to be knocked down
by a court.
Related challenges are under way in Kentucky, Tennessee and Idaho,
filed by other cheapie-cig sellers. So far an Oklahoma judge has
sided with the challengers while a Louisiana judge went with the
states. Spitzer’s deputy warned that the ruling “will flood New York
with cheap cigarettes.” Dobbins responds that New York is perfectly
free to levy a straightforward excise tax on all cigarette makers–it
just can’t get away with participating in a cartel.
But the judge refused to touch any of the settlement’s other
protections. So now Uvezian and his lawyer are back at the Second
Circuit Court of Appeals, imploring a panel of judges to go even
further and declare the deal a violation of federal antitrust law.
The appeals judges bombarded Dobbins with procedural challenges in
the hearing earlier this month, but also showed deep concern about
what Dobbins says the $200 billion state settlement has wrought–a
cozy oligopoly protected by state governments eager for tobacco cash.
As U.S. Judge Jacobs put it:”This may be one of the most successful
cartels ever.”
From: Emil Lazarian | Ararat NewsPress