Author: Torosian Aram

RECOURS DE DOGU PERINCEK: GENOCIDE AVERE, SELON LA COUR DE CASSATION LA NORME ANTIRACISTE N’ENTRAVE PAS LE DEBAT OU LA RECHERCHE

Schweizerische Depeschenagentur AG (SDA)
SDA – Service de base francais
17 juillet 2007 mardi 4:26 PM CET
Lausanne

La Cour de cassation vaudoise, qui a balaye le recours de Dogu
Perincek, estime dans ses considerants que le genocide armenien est un
fait avere. Elle souligne en outre que la norme antiraciste n’entrave
pas la recherche historique ou le debat politique serieux.

Après l’annonce le 20 juin de la confirmation du verdict de première
instance contre Dogu Perincek, le Tribunal cantonal a transmis le
detail de son raisonnement. Il balaie en douze pages tous les arguments
de la defense du chef du Parti des travailleurs de Turquie et rejette
le recours "mal fonde".

Fait avere

Pour la Cour, il faut admettre que le genocide des Armeniens est "un
fait (…) avere". Elle relève que le Conseil national a clairement
consacre une conception elargie du revisionnisme, l’article 261 bis du
Code penal ne visant pas exclusivement la negation des crimes contre
l’humanite commis par le regime national-socialiste.

En deuxième lecture, la Chambre du peuple a corrige le texte francais
et remplace "le genocide" par "un genocide". Le legislateur a justifie
cette modification pour que cela s’applique a tous les genocides,
"en citant a titre d’exemple le massacre des Armeniens", note le
tribunal dans ses considerants lus par l’ATS.

Le Tribunal de police de Lausanne n’avait donc pas a se transformer
en historien. "On ne se trouve pas ici dans un cas exceptionnel qui
requerrait une instruction très large et une approche historique pour
determiner l’existence d’un genocide".

Pas contre la liberte d’expression

La Cour de cassation rejette egalement les arguments de la defense qui
denonce un jugement de nature a mettre en peril la liberte d’expression
au sein d’une democratie qui doit accepter la controverse. Dogu
Perincek, qui se presente aussi comme historien, a bien suivi des
mobiles racistes et nationalistes en qualifiant en Suisse le genocide
armenien de "mensonge international".

"L’article 261 bis ne doit pas s’appliquer dans le cas d’une recherche
scientifique objective ou a un debat politique serieux, exempt
d’animosite ou de prejuges racistes", ecrit le Tribunal cantonal. En
proferant a trois reprises en 2005 des propos negationnistes violents,
Dogu Perincek "voulait uniquement faire de la politique et non de
l’histoire".

Recours au Tribunal federal

La defense du nationaliste turc a deja annonce avoir fait recours
contre ce jugement devant le Tribunal federal. Dogu Perincek a ete
condamne le 9 mars a 90 jours-amendes (100 francs par jour) avec
sursis pendant deux ans, a une amende de 3000 francs, a une indemnite
de 1000 francs pour tort moral envers l’Association Suisse-Armenie
(ASA), aux depens et aux frais de justice.

–Boundary_(ID_0gwXGt4dpJmiwe2WK9EtpA)–

TURKEY: RSF SUPPORTS DEMANDS FOR COMPLETE TRIAL OF ARMENIAN DECENT EDITOR

Reporters Sans Frontieres press release, Paris
18 Jul 07

Reporters Without Borders today voiced its support for the demands
of the family, friends and colleagues of Hrant Dink, a newspaper
editor of Armenian descent who was gunned down in Istanbul exactly
six months ago on 19 January 2007.

"We call on the authorities to pursue their investigation and to shed
light on all aspects of this case," the press freedom organization
said. "The trial of Dink’s alleged murderers that opened on 2 July
in Istanbul and is due to have its next hearing on 1 October, is a
crucial test for the Turkish judicial system. Its independence is at
stake here."

Reporters Without Borders added: "We will not be satisfied with a
trial in which only some of those responsible for Dink’s murder are
in the dock. All those who played a role must be identified including,
if necessary, those who work for the security services. It is essential
that the judicial system should expose the various connections between
military, police and other officials that may have been involved in
this case."

Reporters Without Borders went to Istanbul for the opening of the trial
and saw the size of the demonstration outside. "We are all witnesses
and we want justice," said one of the banners displayed by the many
demonstrators gathered outside the courthouse.

Born in 1954, Dink was the editor of the weekly Agos, Turkey’s leading
Armenian newspaper. For years he had been urging his fellow citizens
to face up to the issue of the Armenian genocide in 1915. Although the
target of threats and accusations, he always refused to leave Turkey.

He said in his last interview: "It is here that I want to pursue the
fight, because it is not just my fight, it is the fight of all those
who want Turkey to be democratized. If I give up and leave the country,
it will be a shame for everyone. My ancestors lived in this country,
it is here that I have my roots, and I have the right to die in the
country where I was born."

The 18 defendants are all from Trabzon, a Black Sea city with a
reputation for ultra-nationalist violence. The youngest defendant,
Ogun Samast, 17, is the one who is alleged to have fired the shots
that killed Dink. The two defendants who allegedly got him to do it,
Erhan Tuncel and Yasin Hayal, face life imprisonment. The other 15
defendants are charged with complicity.

ANCA HOLDS CALL-IN CAMPAIGN IN SUPPORT FOR ARMENIAN GENOCIDE RESOLUTION

PanARMENIAN.Net
17.07.2007 14:32 GMT+04:00

/PanARMENIAN.Net/ On July 23 the Armenian National Committee of America
(ANCA) holds a second National campaign entitled "Call for Justice",
which aims at supporting the Armenian Genocide Resolution, H. Res.

106. "Building on the success of our first national call in day
in helping us top the 218 mark, this second round of nation-wide
grassroots activism aims to have this anti-genocide measure brought
to the House floor for a vote at the first opportunity," said Aram
Hamparian, Executive Director of the ANCA.

Currently, the Armenian Genocide Resolution, H.Res.106, has over
220 cosponsors.

During the first campaign more than 12 000 people visited the ANCA
website and more than 2 000 people undersigned the call addressed to
congressmen. This activism is the continuation of another campaign -"
Click for Justice", initiated in April.

ARMENIAN ASSEMBLY CALLS CONGRESS’ ATTENTION TO DESTRUCTION OF JULFA CEMETERY

Lragir, Armenia
July 16 2007

Washington, DC – The Armenian Assembly expressed serious concerns
over Azerbaijan’s attempts to restrict basic rights and freedoms
for minorities and called on Congress to urge Baku to thoroughly
investigate the deliberate destruction of Armenian headstones in the
medieval cemetery of Julfa in 2005.

In testimony submitted for a House Foreign Affairs Subcommittee
hearing, entitled "Ideals vs. Reality in Human Rights and U.S. Foreign
Policy: The Cases of Azerbaijan, Cuba, and Egypt" on July 12 the
Assembly denounced Azerbaijan’s lack of effort to develop a civil
society based on the rule of law.

"This regime has fostered an atmosphere of intolerance for free
speech and free press by regularly resorting to violence and arbitrary
judicial practices," the Assembly stated in its testimony. "It also
restricts the most basic rights and freedoms of its citizens, including
those of ethnic and religious minorities, in particular members of
the Armenian minority, who are routinely harassed and intimidated."

The Assembly also expressed grave concern over Azerbaijan’s failure
to condemn an Azeri military officer who brutally murdered an Armenian
participant at a NATO Partnership for Peace military training exercise
in Hungary in 2003. Rather than ensure that justice is served,
Azerbaijan’s National Democratic Party has awarded the individual
the title of "Man of the Year."

With respect to the destruction of the Julfa Cemetery, the Assembly
noted that the Azeri military was captured on film destroying the
centuries-old Armenian headstones of the Julfa Cemetery in Nakhichevan,
Azerbaijan. The Assembly likened the action to the 2001 destruction
of the statues of the Buddha by the Taliban in Afghanistan and noted
that Baku has rejected fact-finding missions to Julfa, and has refused
to investigate the matter itself.

Additionally, the Assembly called attention to the troubling reports
by the Azeri media that the Armenian cathedral of St. Gregory the
Illuminator in Baku may be demolished, converted to a mosque, or
used for some other purpose. The Assembly urged Congress to undertake
measures to preserve the church and ensure the protection of ethnic
and minority rights.

Turning to Azerbaijan’s military expenditures, the Assembly highlighted
that the country is one of the world’s most rapidly militarizing
regimes, having increased its spending from $141 million to $900
million in the past three years.

"We remain concerned that the rapid military escalation by Azerbaijan
not only poses a threat to democratic development and human rights,
but also to regional stability and security," the Assembly explained.

"We therefore, urge this Subcommittee and Congress to implement policy
measures that will bring about a de-escalation of tensions in the
region, as well as foster greater respect for human rights."

Jennifer L. Windsor, executive director of Freedom House, testified
at yesterday’s hearing and stated that: "The [Azeri] regime has been
able to effectively utilize its enormous petrol wealth to further
consolidate its control over society."

In her prepared testimony Windsor described Azerbaijan as "a
hydrocarbon-dependent quasi-dynasty," and noted that "Azerbaijan’s
sorry record on democracy and human rights…are well documented in
the State Department’s annual human rights reports."

The hearing, which was presided over by Subcommittee Chair Rep. Bill
Delahunt (D-MA), also included testimony from Morton H. Halperin,
Ph.D, senior fellow at the Center for American Progress, and Frank
Calzon executive director for The Center for a Free Cuba.

The Assembly’s testimony marked the fifth of this year before
Congress. The Assembly testimonies have focused on a broad range of
issues, including Genocide and the Rule of Law, U.S. Policy in the
South Caucasus and appropriations funding, the Darfur Accountability
Act, the State Department Human Rights Report, as well as human rights
in Azerbaijan.

U.S. TO PROVIDE 8.4M USD FOR DEVELOPMENT OF ARMENIAN FINANCIAL, INFORMATION TECHNOLOGIES AND TOURISM SPHERES WITHIN COMING ONE YEAR

Noyan Tapan
Jul 17 2007

YEREVAN, JULY 17, NOYAN TAPAN. The U.S. government, besides the
assistance envisaged within the framework of the Millennium Challenge
program, is going to provide 8.4m USD to Armenia within coming one
year, within the framework of the Armenian economic development
assistance programs. Rudolf Perina, the U.S. Charge d’Affaires to
Armenia, said this on July 16, during the ceremony of signing an
agreement between the USAID and the European Bank for Reconstruction
and Development (EBRD) on assistance provided to the EBRD Business
Advisory Services program for Armenia.

In R. Perina’s words, the above mentioned assistance will be aimed,
in particular, at development of Armenian financial, information
technologies, tourism spheres.

IN PARUYR HAYRIKIAN’S WORDS, IN ORDER TO HELP ARMENIAN POLITICAL PRISONERS WE SHOULD SPEAK ABOUT THEM MORE

Noyan Tapan
Jul 16 2007

YEREVAN, JULY 16, NOYAN TAPAN. Even after the collapse of the
Soviet Union we were not able to liquidate such negative phenomena
as political persecutions. Paruyr Hayrikian, the Chairman of the
National Self-Determination Union, stated at the July 16 meeting
with journalists.

According to his observation, the independent Armenia also has
political prisoners. Among them he numbered Zhirayr Sefilian, the
Coordinator of the Defence of Liberated Territories public initiative,
Vardan Malkhasian, a member of the Political Board of the Homeland and
Honor party, and "partly" the former RA Foreign Minister, Alexander
Arzumanian.

In order to help the latters, in P. Hayrikian’s words, we should
speak about them publicly and as much as possible.

As regards the idea of organizing a public trial, which has emerged
lately, P. Hayrikian doubts that it can be realized. Meanwhile,
P. Hayrikian said that such issues should be solved with united,
all-national efforts.

HISTORIAN TAKES ARTICLE 301 TO ECHR TO PROTEST THREAT TO ACADEMIC RESEARCH

Source: IPS Communication Foundation (BIANET)
Date: 12 July 2007
Country/Topic: Turkey
Person(s):
Target(s): academic(s)
Type(s) of violation(s): legal action , harassed
Urgency: Bulletin

(BIANET/IFEX) – Taner Akcam, a professor of history at Minnesota
University, in the United States, who had been investigated for his
claims of an Armenian genocide, has decided to take Article 301,
which has put around 100 academics, journalists and writers on trial,
to the European Court of Human Rights (ECHR) to protest against the
law’s threat to academic research.

Akcam argues that the investigations Turkey launches
into academic research, using Article 301, are
contrary to the European Convention of Human Rights
( /005.htm ),
endorsed by Turkey.

Article 301 contravenes, in particular, articles 7, 10 and 14 of the
Convention because it limits freedom of expression.

Facing history is not a crime but a necessity, Akcam says.

"My goal is to see Turkey become a totally free and democratic country.

However, as long as academic discussions are considered criminal
in Turkey, this is not possible. Facing history and human rights
violations of the past cannot be a crime. Rather, they are a
precondition for peace and regional rapprochement," he said.

Akcam sees his role as facilitating this process.

Akcam’s lawyer for the ECHR application is International Law
Professor Dr.

Payam Akhavan of McGill University (Montreal, Canada, who was an
advisor on the international crime courts formed to deal with the
war crimes of Rwanda and the former Yugoslavia.

According to Dr. Akhavan, "Freedom of speech should only be limited
in cases of expressions of hate, not in discourses against hate."

Akcam himself almost fell victim to the notorious law. After a
complaint to a chief public prosecutor’s office in Eyup, Istanbul,
by a person named Recep Akkus, an investigation against Akcam was
instigated by the Sisli chief public prosecutor’s office (also in
Istanbul). This investigation was dismissed in March 2007.

Public prosecutor Muhittin Ayata of the Sisli office had evaluated an
article entitled "Hrant Dink, 301 and a Criminal Complaint", which
was published in the weekly "Agos" newspaper on 6 October 2006. In
the article, Akcam had written, "I believe that what happened between
1915 and 1917 was a genocide." No suit was brought against Akcam.

In the dismissal of proceedings, the court said that "the suspect is
a history professor who, in all his articles and conference papers,
has expressed the idea that the events of 1915-1919 can be defined
as a genocide. When the article which is subject of a complaint is
considered as a whole, it becomes clear that there are no attempts
to degrade Turkishness, that the text remains within the framework of
freedom of thought as defined by Article 10 of the European Convention
of Human Rights, that there is no incitement to crime, no praise of
crimes or criminals, and no incitement to hatred and hostility".

MORE INFORMATION:

For further information contact Nadire Mater at BIANET, Faikpasa
Yokusu, No. 41, Antikhane, Kat: 3, D.8-9, Cukurcuma, Beyoglu,
Istanbul, Turkey, tel: +90 212 251 1503, fax: +90 212 251 1609,
e-mail: [email protected], Internet:

ARMENIAN CB BOARD: INFLATION MAY DEVIATE FROM TARGET INDEX IN 2007, 2008

ARKA
Jul 11 2007

YEREVAN, July 11. /ARKA/. The Armenian CB Board thinks that the
inflation may deviate from the target index in 2007 and 2008.

The Central Bank of Armenia protocol on refinancing for July 2007
said that by the end of 2007 deviations from the target index by 4%
(±1,5%). In accordance with the Central Bank of Armenia forecasts,
in December 2007, the 12-months inflation may make 5% instead of
forecasted 3.5%.

At the same time, the CBA Board member think that 3% deviation (±1,5%)
is possible in 2008. In the second quarter of 2008 the inflation may
make 4.6% against forecasted 3.3%. The CBA Board believes that in
the coming 12 months the inflation risks will prevail.

The following developments that may lead to growth of inflation index
are more possible: higher growth of international prices for crops as
compared to the expectations, higher growth for world prices for oil,
slowdown of rural economy because of unfavorable weather conditions.

The CBA Board does not exclude further consideration of interest
rates maintaining present prospect trends of economy development.

0.3% deflation is recorded in Armenia in June 2007 (as compared to
May), as a result of which the annual inflation in June 2007 made 4.8%,
which is more by 0.8pct than forecasted. According to the state budget,
by the end of 2007 the inflation in Armenia is planned at the level
of 4% (±1,5%).

–Boundary_(ID_tWZ3r9lTrS+VW1 VKcZbTpA)–

AZERBAIJAN UNWILLING TO ACCEPT REALITY AND MISTAKENLY THINKS THE OPPOSITE PROCESS IS POSSIBLE

Yerkir
12.07.2007 17:11

YEREVAN (YERKIR) – "The cause of unsuccessful negotiations is the
fact that Azerbaijan is unwilling to accept the reality and mistakenly
thinks that the opposite process is possible, whereas it is senseless
to turn back the wheel of history.

The people who gained independence, will not refuse from that,"
Armenian President Robert Kocharian stated in an interview to SPIEGEL
ONLINE.

He underlined that the Nagorno Karabakh people, who achieved
his independence and defended it during the past 15 years, will
not think if this or that organization is going to recognize that
independence. "We do not want to attach to analogues, but undoubtedly
the Karabakh people have the same right to independence as Albanians
of Kosovo, moreover if they protected their right alone without
interference by the international community. As to the assistance
from Armenia …

Armenian people fought during the war. Do you really think that Albania
has not provided assistance to Albanians of Kosovo? There are a lot
of correlations here and I see Armenia and Karabakh’s future as an
asymmetric confederation. But currently the Karabakh Republic is a
full state, which copes with many tasks better than Azerbaijan. Take
as an example the formation of state institutes," Kocharian said.

He also stressed that the military threat from Azerbaijan exists
always.

"Though I doubt that Azerbaijan’s military budget is bigger of our
state budget. I would warn against judging about the correlation of
forces from both sides only by figures. You must take into account
and the fact that the soldier who defends his homeland has another
motivation, than the one who acts on a foreign territory. We do not
have any intention to launch military operations.

But in case of a prepared aggression we will make decisions, to which
we will be obliged by the military situation of the time and which
will meet our security interests. Our offers on the settlement of the
conflict are connected with recognition of the republic and security
guarantees. They suppose presence of peacekeepers. It must be an
international peacekeeping contingent," the RA President underscored.

KOCHARIAN TO MEET WITH SARKOZI

A1+
[12:02 pm] 11 July, 2007

On July 11 President Kocharian leaves for France on a three-day working
visit. The Armenian delegation is comprised of Foreign Minister Vartan
Oskanyan, RA Ambassador Extraordinary and Plenipotentiary to France
Edgard Nalbandyan and other top-level officials.

Robert Kocharian is due to meet with the newly-elected President of
France Nikola Sarkozi, Parliament Speaker Bernard Akuayer and the
Senate Chairman Christian Poncelet.

President Kocharian will attend the Exhibition "Armenian Fine Arts
in 1830-1930" with his spouse Bella Kocharian within the framework
of the visit.