Converse Bank Recognized By "Global Finance" Magazine As This Year’s

CONVERSE BANK RECOGNIZED BY "GLOBAL FINANCE" MAGAZINE AS THIS YEAR’S BEST BANK OF DEVELOPING MARKETS

Noyan Tapan
Oct 22, 2007

YEREVAN, OCTOBER 22, NOYAN TAPAN. During the annual conference of
the International Monetary Fund (IMF) and the World Bank (WB) in
Washington on October 22, Converse Bank was recognized by the "Global
Finance" magazine as Armenia’s best bank for the third consecutive
year in the nominations "Best Banks of Developing Markets 2007" and
"Best Foreign Currency Exchanging Banks 2007".

NT was informed from Converse Bank that each year "Global Finance"
studies and chooses best banks in various nominations. In the indicated
nominations, the editorial-analytic group of "Global Finance" studied
banks of 71 countries, with selection standards being the volumes of
deals, the position in the market, the quality of services, competitive
prices, services provided to customers, the use of new technologies,
as well as business development and the introduction of new services.

BAKU: Armenian Forces Violate Ceasefire In Fuzuli And Terter Directi

ARMENIAN FORCES VIOLATE CEASEFIRE IN FUZULI AND TERTER DIRECTIONS

Azeri Press Agency, Azerbaijan
Oct 22 2007

Armenian Armed Forces continue to violate the ceasefire, Azerbaijan
Defense Ministry’s press service told the APA.

The division of the enemy fired on the positions of Azerbaijani Armed
Forces from their positions in unnamed heights of Fuzuli region from
18.50 till 19.00 on October 21, Chilaburt village of Terter region
from 02.15 till 02.35 on October 22 with machine and submachine guns.

The enemy was silenced by response fire. No casualties were reported.

Turkish Military Confirms Eight Soldiers Missing

TURKISH MILITARY CONFIRMS EIGHT SOLDIERS MISSING
Author : DPA

Earthtimes, UK
Oct 22 2007

Ankara – The Turkish military on Monday afternoon confirmed that
eight of its soldiers were missing following fighting with Kurdish
rebels on Sunday and Monday that has left 12 soldiers and 34 Kurdish
Workers’ Party (PKK) guerrillas dead. In a short statement made on
its website, the General Staff confirmed that eight soldiers were
unaccounted for. The statement did not refer to PKK claims that the
eight soldiers had been taken hostage.

In the early hours of Sunday morning PKK guerrillas staged an ambush
near the village of Daglica in Hakkari province. The military said
that a group of around 150 rebels had crossed into Turkey from Iraq
and were attempting to return to bases in northern Iraq.

On Monday, Turkish media reported that Turkish forces, backed up by
helicopter gunships were attempting to stop the rebels from slipping
back into Iraq.

Turkish government and military leaders on Sunday evening said they
would do whatever is necessary to stop PKK attacks, including a
possible cross-border operation to destroy PKK bases.

"We respect Iraq’s territorial integrity but Turkey will not tolerate
terrorism … and will not be afraid to pay whatever price to protect
its rights," said a statement issued after the meeting.

Last week the parliament voted overwhelmingly to authorize the
government to order a cross-border operation but Prime Minister Recep
Tayyip Erdogan has so far indicated that he is not in favour of an
immediate incursion.

According to the Turkish military, there are around 3,500 PKK
guerrillas based in mountainous northern Iraq.

More than 32,000 people have been killed since the PKK launched its
fight for independence or autonomy for the mainly Kurdish- populated
south-east.

Despite the PKK being listed as a terrorist group by the US State
Department, Washington is opposed to Turkey launching a cross-border
operation due to fears that such an incursion could spark unrest and
fighting in Kurdish-controlled northern Iraq, the one area of Iraq
which is relatively calm.

Exactly how much leverage the US has over Turkey at the moment is
unclear as Turkey is extremely angry that a US congressional committee
resolution that passed last week labelled the World War I massacres
of Armenians in what was then the Ottoman Empire as a genocide.

Turkey denies that the killings constitute a genocide and that instead
the deaths came about because of an uprising of Armenians against
the state.

Up To 35 Dead In Clashes Between Turkish Army And PKK – Summary

UP TO 35 DEAD IN CLASHES BETWEEN TURKISH ARMY AND PKK – SUMMARY

Earth Times, UK
Oct 21 2007

Ankara – Turkey’s leadership on Sunday called a crisis meeting
amid ongoing deadly clashes between Kurdish rebels and the Turkish
military in which 12 soldiers and up to 23 rebels were killed. The
Turkish army’s general staff in a statement confirmed the military
death toll and said 23 rebels had been "neutralized," with Turkish
media widely translating the latter to mean killed.

According to the statement PKK rebels based in northern Iraq had
launched a cross-border attack in the early hours of Sunday morning
on three Turkish army posts.

Reports said the attack was staged at around 2 am (2300 GMT Saturday)
in the Yuksekova region of Hakkari in Turkey’s south-east.

The ensuing clashes, which were ongoing Sunday, had involved the use
of attack helicopters by the Turkish army.

The political and military leadership were to meet President Abdullah
Gul in the evening to discuss further actions, Prime Minister Recep
Tayyip Erdogan said on Sunday.

Erdogan referred to a resolution passed by the Turkish parliament on
Wednesday, sanctioning cross-border missions by the military against
rebels of the banned Kurdish Workers’ Party (PKK) in northern Iraq.

However, Erdogan also called for rational consideration of any
further action.

Meanwhile in a separate incident in south-eastern Turkey, 14 people
were wounded when a mine exploded beneath their minibus, reports
said Sunday.

The incident occurred near the border with Iraq.

According to the Turkish military there are around 3,500 PKK guerrillas
based in mountainous northern Iraq.

More than 32,000 people have been killed since the PKK launched its
fight for independence or autonomy for the mainly Kurdish- populated
south-east.

Despite the PKK being listed as a terrorist group by the US State
Department, Washington is opposed to Turkey launching a cross-border
operation due to fears that such an incursion could spark unrest and
fighting in Kurdish-controlled northern Iraq, the one area of Iraq
which is relatively calm.

Exactly how much leverage the US has over Turkey at the moment
is unclear.

However, Ankara has been extremely angry that a US congressional
committee resolution that passed last week labelled the First World
War massacres of Armenians in what was then the Ottoman Empire as
a genocide.

Turkey denies that the killings constitute a genocide and that instead
the deaths came about because of an uprising of Armenians against
the state.

Honoring Priest And Parish

HONORING PRIEST AND PARISH
By Debbie Hovanasian, Sun Correspondent

Lowell Sun (Massachusetts)
October 20, 2007 Saturday

LOWELL — On Sunday, Oct. 28, the Rev. Leonard Faris will celebrate his
58th birthday surrounded by family and friends. But this celebration
will differ slightly from any he has celebrated in the past.

Faris, pastor of St. George Antiochian Orthodox Church, will be
elevated to Archmandrite, the highest position in the Antiochian
Orthodox Church for a celibate priest below a bishop. It is equivalent
to monsignor in the Catholic Church.

"What better gift than to be elevated on my birthday?" Faris said,
noting that many family members, friends, St. George parishioners and
parishioners from his former assignments in Canada and Rhode Island
will there to support him.

Also arriving for the service will be Metropolitan Philip, Primate
of the Antiochian Orthodox Christian Archdiocese of North America
and Canada. The bishop has not visited the small Lebanese/Syrian
church community in 15 years, and there is much excitement about it,
said Faris.

John Maria, co-chairman with Nicole Skaff of the banquet being held in
honor of the bishop on Saturday, Oct. 27, agrees. "We’re a very small,
close-knit parish, so this is a big thing for us and quite an honor,"
he said.

The bishop’s visit and his own elevation to Archmandrite are also an
honor for Faris, primarily because the people of his parish wrote to
the bishop requesting the elevation, he said.

"I’m touched and humbled," said Faris, who was ordained in 1995 and
has been the pastor at St. George for six years. "This is an honor
for the entire parish, because the people sent the letter in — and
the bishop agreed with them. It’s a true blessing upon our community."

Maria says that the elevation service is expected to draw an "overflow
crowd. I think he’ll (Faris) be very touched. For us, it’s nice to see
him recognized and elevated to a higher level. He is a great spiritual
leader and he’s been instrumental in keeping the church up-to-date."

Faris’ path to spiritual leader was unconventional. In fact, he did
not enroll in the seminary until the age of 42. But the young altar
boy who "always loved being in church" and grew into an adult who
taught religious education, sang in the choir and volunteered many
hours to his church community, often thought about being a priest. He
just wasn’t sure he was worthy, he said.

Others around him felt otherwise. While he was an employee of the
IRS for 14 years, co-workers would often come to him just to talk.

"People would tell me that I’m always so compassionate, like a priest,"
said Faris, a graduate of Central Catholic High School and Merrimack
College.

When he decided enter the seminary — forgoing a lucrative career
that came with several weeks’ vacation — his managers knew right
away. "They both started to cry and said, ‘We know what you are going
to tell us …"

Faris began his studies at the Orthodox Christ the Savior Seminary
in Pennsylvania and finished at Holy Cross Orthodox Seminary in
Brookline. Though raised Catholic in Lawrence by his parents, the late
George Faris and Elsie (Mansor) Faris, the young Faris was introduced
to the Orthodox church by his maternal grandmother, an Orthodox
Christian who always wanted her grandson to be a priest, he said.

"I used to go to church with her on Sunday and I loved the Byzantine
liturgy and the traditions of the Eastern Church," he explained.

Faris also lived near the Holy Cross Armenian Orthodox Church in
Lawrence. One day, he walked by, heard the beautiful choir, "and I
just went in," he said. Faris attended the Orthodox services at the
church for eight years.

Now an Orthodox priest for 12 years, Faris says, "I love every minute
of every day that I serve God and his church."

As for the celebration next weekend, Faris admits to getting "a little
— no, a lot nervous," he says. "You want everything to be so nice
and that the bishop is pleased."

The St. George community has been working hard to make sure that
happens, including renovating their small, yet beautiful sanctua we
have worked toward — together," he says, pointing out the restored
hardwood floors, mosaic tiles and other improvements. "I’m so blessed
to have this wonderful community and I just hope that I’m a blessing
in their lives as well."

The elevation service on Sunday, Oct. 28, begins at 10 a.m. All are
welcome. St. George Antiochian Church, 44 Bowers St., Lowell, (978)
452-4816, .

http://www.saintgeorgelowell.org

‘Genocide’ doesn’t mean the world will leap into action

Vancouver Sun, Canada
Oct 19 2007

‘Genocide’ doesn’t mean the world will leap into action

Jonathan Manthorpe, Vancouver Sun
Published: Friday, October 19, 2007

Since it was created by Polish-born lawyer Raphael Lemkin in 1944,
genocide has been a word used sparingly because of its power to
describe the most barbarous of crimes against humanity.

It is a word that carries enormous and ominous weight because Lemkin
sought to invoke in one phrase all the horror of the industrialized
slaughter in the Nazi death camps and the psychopathic, twisted
mentality that created them.

So it is no wonder that since Lemkin fashioned it out of the Greek
word "genos" meaning race and the Latin word "cide" for killing,
genocide has been used to describe only the most extreme acts of
barbarity.

Email to a friend

Printer friendly
Font:****That is why, for example, the international community has
been hesitant to apply the term genocide to what is happening in the
Darfur region of Sudan.

There is a belief — wrong as it turns out — that presenting
evidence of a genocide automatically launches international
intervention under a United Nations convention. This troubles the
many countries that remain opposed to interference in the internal
affairs of member states and they shrink from using the word
genocide.

Since the outbreak of violence in this northwestern region of Sudan
early in 2003, about 200,000 people have died and two million have
become refugees as ethnic Arab militias armed and directed by the
Khartoum government have attacked black African villages, burning the
huts and slaughtering the inhabitants.

It was only late in 2004 and after much lobbying that U.S. secretary
of state Colin Powell used the word genocide to describe what was
happening in Darfur.

There was a collective gasp among the multitude of agencies,
organizations and protagonists involved in Darfur.

The feeling was that once the magic word had been uttered, the door
to international intervention would inevitably swing open. UN
peacemakers and peacekeepers would have to be dispatched as soon as
practical to end the suffering of the six million people of Darfur.

Well, it hasn’t happened like that at all. Genocide remains
subservient to political expediency.

After much political haggling, a woefully ill-equipped force of 7,000
troops from African Union member states has been deployed, but it is
useless and has become a target for both government and rebel forces.

A more potent UN force is to be deployed in a few months and Libya is
hosting peace negotiations next week.

But it has become evident the rebel groups, of which there are a
dozen, are just as venal and uncaring of the plight of the six
million Darfurians as is the government.

The Darfur experience, especially so soon after the abject failure of
the international community to prevent genocide in Rwanda in 1994,
raises again questions about genocide, what it means, and what the
international response should be when it occurs.

As a young law professor in Warsaw in the 1930s, Raphael Lemkin was
deeply troubled by historic incidents of the mass murder of peoples.
He was influenced by the slaughter of Armenians during the collapse
of the Ottoman Empire at the end of the First World War, the mass
killing of Christian Assyrians by Iraqis in 1933 and many similar
atrocities that occurred in history.

When Nazi Germany invaded Poland in 1939, Lemkin, a Jew, became a
partisan and after being wounded escaped to neutral Sweden. From
there he went to the U.S. where in 1944 he wrote the book Axis Rule
in Occupied Europe in which the word genocide was first used.

The 1948 Convention on the Prevention and Punishment of the Crime of
Genocide was one of the first treaties of the newly formed United
Nations, though it took two years of quarrelling before a committee
could define the word. Genocide means, according to the UN, any act
"committed with intent to destroy, in whole or in part, a nation,
ethnical, racial or religious group, as such."

That allows for a confusingly broad band of interpretations and the
convention is just as vague and uninstructive on other aspects,
especially the duty of nations to intervene to halt a genocide in
progress.

Lawyers and academics have for years complained the convention is
deficient. With yet another failure to protect innocent people in
front of us, it is perhaps time to rework this convention.

ews/editorial/story.html?id=f9a5332a-9ac9-4db7-abe c-fd05d7fad47c

http://www.canada.com/vancouversun/n

Nine decades later

Akron Beacon Journal (Ohio)
October 18, 2007 Thursday

EDITORIAL: Nine decades later

Oct. 18–Speaker Nancy Pelosi and the Democratic leadership have yet
to explain the compelling reason why the House must vote on a
resolution that has the real potential to complicate vastly matters
for the United States in Iraq.

The House Foreign Affairs Committee approved a resolution last week
that condemned as genocide the mass killing of Armenians in 1915
under the Ottoman Empire. Pelosi and company want to move the
resolution to the floor for a vote. To what purpose?

The Turkish government has left little doubt such a stamp of
recognition would be costly, particularly with regard to Turkey’s
cooperation in the war in Iraq. It isn’t a bluff. President Bush
knows it, and so do many members of Congress.

Turkey is a critical base for American military supplies to Iraq.
Turkey could also scuttle U.S. efforts to maintain relative stability
in northern Iraq if Turkish military forces initiated raids across
the border in pursuit of Kurdish separatist groups.

The instinct is right to condemn genocide whenever and wherever the
facts justify such a step. There is no disputing the horrors
Armenians endured, an estimated 1.5 million killed. Nine decades
after the fact, it is obvious emotions still run very high on both
sides about where guilt falls.

Still, in this instance, the timing of the Democratic leadership in
pushing forward with a measure that is nonbinding and largely
symbolic reflects a certain blindness to the potential ramifications.

Fortunately, support in the House for the resolution is waning as
lawmakers rethink the wisdom of tossing a symbolic resolution into a
volatile situation. The retreat is an embarrassment the House brought
upon itself. The sooner Speaker Pelosi pulls the resolution, the
better for everyone.

Abu Dhabi: Gargash, Armenian FM discuss relations

Emirates News Agency
October 18, 2007 Thursday 12:11 PM EST

Gargash, Armenian FM discuss relations

Abu Dhabi, Oct., 18th, 2007 (WAM)–Dr. Anwar Mohammed Gargash, State
Minister of the Federal National Council Affairs (FNC) received at
his office here today Vardan Oskanian, Armenian Foreign Minister.

They discussed bilateral relations between the two countries in the
fields of economy, tourism and the parliamentarian affairs..

The meeting was attended by Tariq Al Abdan, deputy undersecretary of
the Ministry of Foreign Affairs and the delegation accompanying the
Armenian FM, who arrived at dawn on Thursday.

Two officials expressed hopes to boost the relations and co-operation
between the two countries..

Oskanian told Emirates News Agency (WAM) in a statement that the
"relations between the countries are good as policies are identical
on a number of issues. Trade between the two countries has been
growing steadily and there is direct air route linking the two
countries"..

He revealed that he visited the country to prepare for the Armenian
cultural week in Abu Dhabi and Ras Al Khaimah, indicating that there
are joint investment projects between UAE and Armenian
businesspersons.

Who Exactly Are The Armenians, And Why Did The Ottomans Genocide The

WHO EXACTLY ARE THE ARMENIANS, AND WHY DID THE OTTOMANS GENOCIDE THEM?

411mania.com, TX
Oct 18 2007

Madame Speaker Pelosi is pushing a non-binding House resolution to
condemn the 90-year-old slaughter of Armenians by the Ottoman Empire,
and label it a "genocide." Bush opposes the resolution on the grounds
it will damage relations with Turkey. What does this all mean? I have
no idea. Let’s find out together!

So I was playing basketball with a friend recently when he asked
"What do you know about this Armenian Genocide story?" When it comes
to current events, I pride myself on being highly-informed and able
to offer insightful commentary on any topic, but this question left
me nonplussed. I didn’t even know what an Armenian was. I didn’t
remember Armenia from any of the Carmen Sandiego computer games I used
to play. Then my friend said that apparently Nancy Pelosi is pushing
some kind of resolution to condemn the defunct Ottoman Empire (which
has since morphed into the country we know as Turkey) for committing
genocide against these Armenians. And because I never turn down the
opportunity to criticize Nancy Pelosi, I figured I needed to educate
myself on this alleged Armenian Genocide.

As it turns out, this Armenian Genocide is some serious shit. I had
no idea. Why was the truth of the Armenian Genocide kept from me???

This is Bush’s fault somehow.

The story so far…

As it happens, the Republic of Armenia is an actual country. I know,
I’m just as shocked as you at my own pathetic ignorance. Here’s what
Armenia looks like:

Holy crap, these Armenians are smack dab in the hot zone. They’ve got
Iran the Great Satan directly to the south. Are you thinking what I’m
thinking? If the U.S. ever had to bomb the living hell out of Iran,
it would be real helpful if the Republic of Armenia lent us their
airport. You know, just for a few months, we’d pay for it. By the
way, does anyone know if Armenia has any oil? Because "The American
Commonwealth of Armenia" has a spiffy ring to it. Hey, it would work
out for both of us, Armenia. We get your oil, and we launch raids on
Iran from your airport, and you get Xbox 360’s and khaki shorts and
a non-voting delegate in the U.S. House of Representatives. That’s
not so bad, if you want to do it the easy way. Think about it, Armenia.

And one other thing, Armenia – do you ever happen to read those news
stories about the U.S. and our alleged crimes against humanity? Abu
Ghraib, Haditha, Gitmo – apparently the U.S. has a reputation for
inflicting terrible suffering on people who get in our way. Like I
said…think about it, Armenia.

Ha! I kid my Armenian readers, of course. But speaking of terrible
suffering, this is what I’ve recently discovered about this Armenian
Genocide. Picture if you will the decline of the Ottoman Empire
in the 1910’s, as longstanding ethnic/religious hatreds reach a
boiling point between the Turks and the Armenians. Armenians, being
mostly Christian, had typically been second-class citizens in the
Muslim-dominated Ottoman Empire. As a result of this repression, many
Armenians had formed a resistance movement in the late 19th century
in what in now eastern Turkey. This Armenian pride brigade persisted
until World War I, which pitted Turkey against archenemy Russia in
a rematch of the Russo-Turkish war of 1877. It was the worst of times.

During that Russo-Turkish war, nationalist elements of Armenian
resistance had sided with Russia, i.e., they weren’t particularly
patriotic by Ottoman standards. So by the time the Great War rolled
around, the Ottomans saw a chance to give the Armenians a receipt
for their past treason. In 1915, the Ottoman government passed a
law allowing for the forced deportation of Armenians in the name of
national security. And so the Ottomans marched the Armenians into
the Syrian desert, where they had no protection, no shelter, and no
supplies of any kind. You can probably guess what happened next.

And that’s the Armenian Genocide in a nutshell. Armenian sources
put the body count at nearly 1.5 million, while modern-day Turkish
authorities lowball it at 300,000-500,000. The Turks also deny any
organized extermination of the Armenians, chalking up the deaths
to casualties of WWI. To this day, some scholars dispute that there
is conclusive evidence that the Ottomans intended to systematically
exterminate the Armenians. However, the consensus of modern academic
opinion is that these Armenians weren’t merely war casualties, but
victims of genocide at the hands of the fading Ottoman Empire. And
if there’s one thing you can trust, it’s the consensus of modern
academic opinion.

Now, you may be thinking to yourself, "Yes, this a horrible story of
abject cruelty, yet another sinister chapter in mankind’s history
which reveals the depraved heart of darkness that lies within the
unspeakable depths of the human condition. And while I would never
want to minimize the unjust suffering of my fellow human beings, nor
would I make light of the hard work done by historians and scholars
to uncover the truth of this historic atrocity, the fact remains
that the Armenian Genocide happened 90 years ago. It’s within the
domain of the academic realm, not the political. Why is it an issue
of such importance in 2007 that the Nancy Pelosi Congress intends to
pass a resolution condemning the near-century-old massacre?" And if
you were thinking that to yourself, then you are a GODDAMN GENIUS.

I admit, it seems odd that the Dem Congress is so bent on passing this
resolution, especially when you consider how badly it embarrasses our
ally Turkey. This resolution basically says "Shame on you, Turkey. You
are such jerks for killing those Armenians almost one hundred years
ago. Bastards." Naturally, this hurt Turkey’s feelings, since they’ve
been stand up guys and are letting us use one of their bases in
support of the Iraq and Afghanistan wars. So Turkey got pissed and
recalled their U.S. ambassador, Nabi Sensoy. Making his final comments
to U.S. media before departing, Sensoy said (paraphrasing), "Hey,
at least we don’t stick our noses in other people’s genocides. Like
the U.S. never committed genocide against Native Americans? Suck it,
hypocrites."

The Armenian Genocide resolution has been pushed by Rep. Adam Schiff,
a Democrat representing California’s 29th district, which has the
highest concentration of Armenian Americans in the U.S. Pelosi herself
has a substantial Armenian American constituency in her district,
so at first blush it appears that these Congresspersons are simply
addressing the concerns of the people they represent. It’s democracy
in action. OR IS IT? After all, a handy consequence of this resolution
is that Turkey is threatening to withdraw logistical support from
the Global War on Terror, which includes helpfully not invading Iraqi
Kurdistan, something the Turks have been keen to do for some time.

THIS JUST IN! On Wednesday, Turkey’s parliament approved incursions
by its military into northern Iraq to pursue Kurdish terrorists. This
is CNN:

The United States has been attempting to use its influence to keep
Turkey from launching an incursion but a U.S. domestic political
dispute involving the mass killings of Armenians in the Ottoman Empire
around 90 years ago has enflamed passions in Turkey and presented
challenges for American diplomacy.

Nice. And what’s more, the latest news as of this writing is that in
a stunning turnaround this proposed Armenian Genocide resolution is
likely to fail. From the NYT, news that’s fit to print:

Worried about antagonizing Turkish leaders, House members from both
parties have begun to withdraw their support from a resolution backed
by the Democratic leadership that would condemn as genocide the mass
killings of Armenians nearly a century ago.

Terrific. So it looks as if this non-binding resolution may not even
pass, and yet it’s sufficiently angered our NATO buddy Turkey that
they’re invading Iraq. And I HATE it when people invade Iraq for no
good reason. If nothing else, it appears that this resolution has
needlessly complicated the Iraq war just when casualties have taken
a dive and things are looking up. Jesus, Madame Speaker, while we
appreciate your efforts at repairing America’s image through empty
gestures, you’re making a mockery of the separation of powers. Bush
is Commander in Chief, which means that only he gets to screw up the
Iraq war. HE DOESN’T NEED YOUR HELP.

I’d like to believe that Nancy Pelosi didn’t push this resolution just
to hurt the war effort, that she’s just an inept wannabe-diplomat…so
that’s what I’ll believe. You can believe whatever you want. Everyone
else does. In any case, I think we all learned something today. No
need to thank me.

2/Story-Time-with-E-10.18.07:-Who-Exactly-Are-the- Armenians,-and-Why-Did-the-Ottomans-Genocide-Them? .htm

http://www.411mania.com/politics/columns/6174

Armenia: Presidential Dismissal Of Judge Sparks Outcry Over Judicial

ARMENIA: PRESIDENTIAL DISMISSAL OF JUDGE SPARKS OUTCRY OVER JUDICIAL INDEPENDENCE ISSUE
Emil Danielyan

EurasiaNet, NY
Oct 18 2007

Armenian President Robert Kocharian has ignited controversy by
dismissing a judge who defied state prosecutors by setting free
two businessmen embroiled in a corruption-related dispute with the
government.

Local lawyers and civil society advocates say the move makes a mockery
of the Kocharian administration’s commitment to promote an independent
judiciary in Armenia. They also regard it as an indicator of government
tolerance of corruption.

Kocharian formally relieved Pargev Ohanian, a district court judge in
Yerevan, of his duties on October 16, citing a recommendation made by
the Council of Justice, a presidentially appointed body overseeing the
judicial system. The council made the recommendation on October 12,
following a two-day hearing. The council convened the hearing after
another government body, the Judicial Department, claimed to have
uncovered serious violations of law in Ohanian’s handling of two
dozen criminal and civil cases.

The disciplinary proceedings against Ohanian were formally launched
on September 4, less than two months after he sensationally acquitted
the owner and a senior executive of the coffee packaging company Royal
Armenia. They had been held for two years on charges of tax evasion
and fraud. The arrests came after they publicly accused senior customs
officials of corruption.

"This is a pure coincidence," Justice Minister Gevorg Danielian
insisted on September 24, denying any connection between the Royal
Armenia verdict and Ohanian’s dismissal. Danielian and other officials
contended that none of the violations alleged by the Judicial
Department related to the Royal Armenia case.

Nonetheless, the judge’s sacking is being widely linked with what
was apparently the first-ever court defeat suffered by the National
Security Service (NSS), the Armenian successor to the Soviet KGB and
the agency that handled the Royal Armenia probe. Ohanian himself has
made clear his belief that the acquittal cost him his job. "I think
we can say that," he told reporters.

"It was definitely retribution," Tigran Ter-Yesayan, a prominent
lawyer, told EurasiaNet. "I directly link it with Ohanian’s ruling
on the Royal Armenia case."

Armenian courts are notorious for their lack of independence, rarely
making decisions going against the government’s and prosecutors’
wishes. That is seen as a key reason for the weakness of the rule of
law in the country. The Armenian authorities admit the problem but say
they are doing their best to increase judicial independence. They point
to an ongoing structural reform of the judiciary and, more importantly,
the passage in late 2005 of Western-backed amendments to Armenia’s
constitution. [For background see the Eurasia Insight archive].

One of those amendments relates to the formation of the Council of
Justice, which has the exclusive authority to nominate judges and
initiate their removal by the president of the republic. To date,
Kocharian has headed the council and has appointed all of its members,
effectively giving him unrestricted control over the courts.

Under the amended constitution, Armenian judges themselves will
elect nine of the 13 council members by secret ballot. But that will
happen only after the current council members, who were handpicked
by Kocharian, complete their terms in office. That process will
take years.

For legal experts and other government critics, Ohanian’s sacking
is proof that incumbent authority has no intention of relaxing its
grip over the judiciary. The pro-opposition daily Haykakan Zhamanak
called the development a "deadly blow" to judicial independence.

Ter-Yesayan, whose non-governmental organization, Forum, helps
Armenians file lawsuits at the European Court of Human Rights,
agreed. "They want to make sure that the judicial system is
not independent," he said. "Any positive precedent [of judicial
independence] is dangerous for them."

Ohanian, for his part, predicted that his colleagues will now be even
more careful not to challenge the government. "My dismissal will have
very negative consequences for the judicial system, which is already
in a bad shape, both in terms of the audacity of judges and their
enforcement of law," he said.

But Hovannes Manukian, chairman of Armenia’s highest Court of
Cassation who also presides over Council of Justice meetings, claimed
the opposite. "I don’t think this is the kind of decision that will
affect the judicial system," he told journalists.

Ohanian’s fate and the Royal Armenia case raise fresh questions about
the sincerity of government pledges to combat corruption. In the
months leading up to their October 2005 arrest, Gagik Hakobian, the
embattled coffee company’s main shareholder, and its deputy director,
Aram Ghazarian, repeatedly and publicly alleged that Royal Armenia was
being illegally penalized by the State Customs Committee (SCC) for its
refusal to engage in a fraud scam with senior customs officials. The
SCC is reputed to be one of the country’s most corrupt agencies and is
a major source of complaints from local entrepreneurs. Royal Armenia
was the first company to go public with such complaints.

The SCC, which is headed by a close confidante of Prime Minister
Serzh Sarkisian, flatly denied the corruption allegations before
having the NSS open a criminal case against Hakobian and Ghazarian.

The two men went on trial in late 2006 on what they characterized as
trumped-up charges of evading $3 million in taxes and defrauding a US
businessman of Armenian descent. They were cleared of the accusations
and walked free in the courtroom on July 16. Kocharian reportedly
expressed outrage at their unexpected acquittal during a meeting with
senior judges held several days later.

Not surprisingly, trial prosecutors were quick to challenge Ohanian’s
verdict at the Court of Appeals. In mid-September, the court issued
an arrest warrant for Hakobian, citing his failure to attend its first
hearings on the case and ignoring his assurances that he is undergoing
medical treatment in Spain and will soon return to Armenia. In what
his supporters view as an act of civic courage, the businessman flew
back to Yerevan on October 3 to be again arrested by police and face
the possibility of a 12-year imprisonment sought by prosecutors.

"The whole thing shows that corruption has an institutionalized
character in Armenia," Varuzhan Hoktanian, deputy chairman of the
Armenian affiliate of the international anti-graft group Transparency
International, told EurasiaNet. "The authorities are not only doing
little to tackle corruption, but are punishing people who really
fight against it."

Editor’s Note: Emil Danielyan is a Yerevan-based journalist and
political analyst.