Author: Vorskanian Yeghisabet

ARA ABRAHAMIAN: RELEASE OF ARMENIAN PILOTS – OUR COMMON VICTORY

Pan Armenian News
11.06.2005 07:27

/PanARMENIAN.Net/ The release of the Armenian pilots is our common
victory, President of World Congress of Armenians Ara Abrahamian
stated at today’s press conference dedicated to the release of 6
Armenian pilots held in jail in Equatorial Guinea. In his words,
Armenia did much for the release. “I cannot say it was easy”, he
noted. According to him, the Armenian government has been negotiating
the pilots’ release for over a year with several officials, including
Foreign Minister Vartan Oskanian, visiting the African country. Ara
Abrahamian himself took the advantage of international contacts. As
result the Pope, UNESCO President and Russian Foreign Minister appealed
to the leadership of Equatorial Guinea. “There are people who think too
highly of my service. It is not true and will do harm not only to me
but also to all Armenian people. All I did was for the consolidation
of Armenian people”, he said. “For the first time we bought to the
Diaspora’s notion that there is a state, which is not indifferent
to the fate of its citizens independently of their location”, Ara
Abrahamian noted. “Though each country has its own laws I am convinced
our pilots are innocent and I am happy they are free now”, he said. At
the same time he added that he has undertaken some commitments to
the leadership of Equatorial Guinea and noted that they will aim at
the solution of social and financial problems available in the country.

Armenian opposition leader vows to topple authorities

Arminfo
11 Jun 05

YEREVAN

The restoration of constitutional order in Armenia and the departure
of the illegitimate authorities are the main condition for the further
development of the country, the leader of the Justice faction, MP
Stepan Demirchyan, said during a press conference at the Azdak
[National Press Club].

He pointed out that there is a clear demand for a change of power in
society, because since 2003, i.e. since the “falsified” presidential
and parliamentary elections, the situation in the country has not
improved. On the contrary, the social abyss in society has become
deeper and wider, while corruption is flourishing and the authorities
are restricting themselves to declarative statements instead of
fighting it. Prices for essential goods are also rising.

The overwhelming majority of the Armenian population lives only on aid
provided by their relatives from abroad, which is not at all helped by
artificial fluctuations in the rate of the US dollars.

All this means that the need to change the authorities is clear to
everyone. The Justice faction and the People’s Party support the
constitutional way of solving these tasks, and armed upheavals are
unacceptable to us, Demirchyan said.

[Passage omitted: minor details]

NO SPECIFIC DEVELOPMENT PROGRAM FOR ARMENIAN “MARS” PLANT AVAILABLE

YEREVAN, June 11. /ARKA/. No specific development programs for the
“Mars” plant are available now, Chairman of the opposition People’s
Party of Armenia (PPA) Stepan Demirchyan told reporters. According to
him, no prospects can bee seen, and the plant itself is in a poor
state. Demirchyan said that the ensuring of stable orders must be a
priority in developing the “Mars” plant. He pointed out that the
plant’s re-equipment must be an uninterrupted process.

Demirchyan added that the equipment installed at the plant can
manufacture competitive products. According to him, the operation of
the plant at its full capacity is a most complicated task. Demirchyan
stated that the PPA is against the transfer of Armenia’s enterprises
to pay off the country’s national debt to other countries, which was
the case of the “Mars” plant. P.T. -0–

Pan Armenian News

MOSCOW GOING TO CONTINUE PROMOTING SEARCH FOR UNBINDING KARABAKH KNOT

11.06.2005 03:00

/PanARMENIAN.Net/ Moscow intends to actively promote search for unbinding
the Karabakh knot, stated Alexander Yakovenko, a Russian Foreign Ministry
official representative, reported RIA Novosti. In his words, Moscow `is
going to continue actively promoting search for unbinding the Karabakh
knot.’ `We positively assess the outcomes of the latest meeting of the
Armenian and Azeri Presidents in Warsaw in May. It conveyed an impetus to
the search for soonest political settlement of the Karabakh conflict,’ the
diplomat emphasized. `The position of Russia over Karabakh remains unchanged
in principle. We come against imposing any recipes from the outside over the
participants of the conflict and we proceed from the point that the basic
responsibility for the final choice should be carried by Azeris and
Armenians themselves,’ the Russian Foreign Ministry official representative
said. He noted that Russia `would be ready to support the option of solution
of the problem that fits all parties to conflict and in case a compromise
agreement is made – to come as the guarantor of the settlement.’ `In our
opinion the solution of the problem allowing to restore stability and peace
in the Transcaucasia will be viable. In the post-conflict period it will
assist in sustaining the historically formed geo-political balance of power
there and will not lead to making the region an arena of international
political and military contest,’ Mr. Yakovenko underscored.

Newropeans Magazine
June 6 2005

Turkey legalizes the Denial of the Armenian Genocide – 1st Part –

Written by Houry Mayissian

90 years have passed since Ottoman Turkey committed genocide against
its Christian Armenian subjects in 1915. Although several parliaments
have recognized the Armenian Genocide and many historians have
established that it is a historical fact, the Turkish government
still refuses to acknowledge it. It has, in the past 90 years,
implemented several methods to deny the genocide ever happened. The
latest of these measures was the recent criminalization of the
acknowledgement of the Armenian Genocide in the new Turkish Penal
Code, which took effect on June 1.

As part of the several reforms it adopted during the last few years,
Turkey devised a new Penal Code in September 2004. The adoption of
the code came after much debate and a bitter row between Turkey and
the European Union over a controversial article criminalizing
adultery*. It was a must for Ankara to adopt a new code: the European
Commission threatened that it would advise EU leaders not to start
accession talks with Turkey unless it adopts the new code**. The code
was adopted without the article criminalizing adultery, and the
European Commission welcomed the move*.

Another controversial article, however, article 305* did not receive
much attention and was adopted as part of the Penal Code. The article
`threatens authors with jail sentences over statements that are
construed by government officials to undermine Turkish `national
interests”, and its explanatory report mentions as examples of such
statements recognition of the Armenian Genocide and calls for the
withdrawal of the Turkish Army from Cyprus***.

The full text of article 305 is as follows:

Action against the fundamental national interests

Article 305

1) A citizen who either directly or indirectly accepts from a
foreign individual or organization pecuniary benefits for himself or
for another person in return for engaging in activities against
fundamental national interests or for that reason shall be sentenced
to imprisonment for a term of three to ten years[…]. The same penalty
shall be imposed on the person who provides the benefit or makes the
promise.

2) If the act is committed during wartime or benefit has been
given or promised in order to spread propaganda through the medium of
the press and media, the penalty shall be increased by half.

3) Except in cases where the act is committed during wartime,
the prosecution of the offence shall be subject to the authorization
of the Minister of Justice.

4) Within the meaning of the present article, fundamental
national interests shall mean independence, territorial integrity,
national security and the fundamental qualities defined in the
Constitution of the Republic.****

The explanatory report of the article clarifies that `the article
protects, in general, the fundamental national interests and punishes
those who acquire benefit by making actions against them’*****. The
explanatory report also illustrates each paragraph of the article and
gives further explanations on how they should be interpreted. The
interpretation of the second paragraph of the article is as follows:

`Furthermore, according to this paragraph in case money or benefit or
promises have been accepted for conducting propaganda via
publications and the Media, the penalty will be increased. For
example such as the conducting of propaganda via publications and the
Media, by accepting money or benefit or promises for the withdrawal
of the Turkish troops from Cyprus, or for accepting a solution that
is against Turkey on this issue, or for the genocide of the Armenians
at the end of World War I, aimed only at harming Turkey, contrary to
the historical realities.’*****

Therefore, the article proposes punishments for those who
specifically conduct `propaganda’ in the media and other publications
for the withdrawal of the Turkish army from Cyprus and recognition of
the Armenian Genocide `by accepting money or benefit or promises’.
Furthermore, the article dismisses affirmation of the Armenian
Genocide as propaganda and legalizes its denial, by claiming that
such statements are `aimed only at harming Turkey’ and are `contrary
to the historical realities’.

Current Status of Article 305

The new Turkish Penal Code was supposed to enter into force on 1
April 2005, but in the face of fierce objections to it by Turkish
journalists, lawmakers agreed to postpone its implementation till
June in order to introduce certain amendments (6). It seems, however,
that some of the amendments Turkish lawmakers adopted aims “to
introduce even greater restriction.” (6)

In fact, the correspondent of Irish Times in Istanbul reported on May
5 that just hours before a revised draft of the penal code was
presented to the parliament, three MPs succeeded in extending the
remit of article 305, initially applicable only to Turkish citizens,
to include “foreigners in Turkey.”(7) Amnesty International issued an
action alert on May 13, expressing concern that the new version of
the Turkish Penal Code “may be used to unnecessarily restrict the
freedom of expression.” (6) Amnesty International cited article 305
as well as the amendment proposed to it as examples of breaches of
freedom of expression.

Just days before the law was supposed to take effect on June 1, the
Turkish parliament introduced amendments in response to wide
criticism by the media. Some clauses restricting media freedom were
amended, but there are still restrictions that will raise eyebrows in
Western Europe: criticizing some state institutions is still a
criminal offence, as is publishing material deemed “contrary to
fundamental national interests” – such as suggesting that the
killings of Armenians in World War I was a genocide.'(8)

The Turkish Penal Code thus entered into force on June 1. It is
notable, however, that the code entered into force in its original
version, as President Ahmet Necdet Sezer has not yet approved the
last-minute amendments.(9)

(1) Lungescu, O. Turkey’s quest to join Europe. Retrieved 01-01-2005.

(2) EU demands new Turkish Penal Code. Retrieved 01-01-2005.
(3) The new Turkish Penal Code would criminalize recognition of the
Armenian Genocide. Retrieved 01-01-2005. Some of the initial reports
called the article “article 305”. Later it was established that the
number of the article is 305. The number 305 is used in this paper
throughout.
(4)Haraszti, M. Review of the Draft Turkish Penal Code: Freedom of
Media Concerns. Retrieved 19-05-2005.
(5) Criminalization by Turkey of the Affirmation of the Armenian
Genocide and of the request for a withdrawal of the Turkish troops
from Cyprus. Retrieved 01-01-2005.
(6) Turkey: Freedom of expression/torture/prisoners of conscience.
Retrieved 19-05-2005.
(7) Birch, n. Turkey extends ban on alluding to genocide. Retrieved
19-05-2005.
(8) Dymond, J. Turkey adopts Penal Code reforms. Retrieved
27/05-2005.
(9) EU-sought penal code takes effect in Turkey despite criticism.
Retrieved 02-06-2005.

Armenian foreign minister to visit China 12-14 June

Xinhua news agency, Beijing
7 Jun 05

Text of report in English by official Chinese news agency Xinhua (New
China News Agency)

Beijing, 7 June: Armenian Foreign Minister Vardan Oskanyan will pay an
official visit to China from 12 to 14 June at the invitation of
Chinese Foreign Minister Li Zhaoxing, said Chinese Foreign Ministry
spokesman Liu Jianchao here Tuesday [7 June].

Eurasia Daily Monitor, DC
The Jamestown Foundation
June 7 2005

TURKEY, GEORGIA, AZERBAIJAN LAUNCH NEW STRATEGIC RAILWAY PROJECT

By Zaal Anjaparidze

While the May 25 opening of the Baku-Tbilisi-Ceyhan (BTC) oil
pipeline garnered considerable media interest, a second initiative
has received less attention. On the sidelines of the BTC ceremony,
the president of Azerbaijan, Ilham Aliev, Georgian President Mikheil
Saakashvili, and Turkey’s President Akhmed Nedget Sezer announced the
creation of the Kars international railway corridor, linking
northeast Turkey, Tbilisi, and Baku. The project, roughly valued at
$400-800 million, includes construction costs for the 258-kilometer
long railway line. In Georgia the project needs a new 30-kilometer
line between Kars and Akhalkalaki (in Javakheti region) and must
restore the Akhalkalaki-Tbilisi railway section (Regnum, Media News,
May 25).

Georgia, Azerbaijan, and Turkey had signed a joint statement on the
construction of the railway at the Georgian Ministry of Foreign
Affairs on December 28. Georgian Economic Development Minister Alexi
Alexishvili called the joint venture “an historic project of the
century.” He declared, “We have agreed that the
Kars-Akhalkalaki-Tbilisi railway project will be implemented at an
increased pace. A working group will be set up to work on specific
details of the project.” All three countries will finance the
project.

The railway project has already been registered for international
tender and will be managed by a Georgian-Azeri-Turkish joint venture.
Some analysts almost equate the importance of the railway project to
the Baku-Tbilisi-Ceyhan oil pipeline and the Baku-Tbilisi-Erzurum gas
pipeline (Regnum, April 8, May, 5, 20; Caucasus Press, December 29,
2004; Georgian Messenger, December 31, 2004).

The idea for the Kars railway was born eight years ago, when (then)
Turkish President Suleiman Demirel arrived in Georgia on July 14,
1997, and talked with (then) Georgian President Eduard Shevardnadze
about building a railway from Kars to Akhalkalaki to “open a third
frontier crossing between the two countries.” However, the idea
subsequently stalled mostly for financial reasons.

The Kars-Akhalkalaki route is expected to fully replace the now
inactive Kars-Gyumri-Tbilisi line, which was the only rail route the
USSR used to reach Turkey. Istanbul unilaterally halted traffic on
this route after Armenian-Turkish relations deteriorated due to the
Armenian-Azerbaijani war in Karabakh.

If the new trilateral project goes into effect, any country in the
Caspian region will be able to transport cargo and passengers from
Baku to Europe via Turkey. The Azerbaijani side appears to have
far-reaching strategic goals for the railway. Nazir Azmamedov,
spokesman for the Azerbaijani Transport Ministry, said Baku is
extremely interested in seeing the Kars-Akhalkalaki railroad built.
“There are cases when the Batumi [Ajaria] port does not work and from
this viewpoint Azerbaijan is interested in the construction of an
additional railroad that would help transfer our goods to the Turkish
ports,” he said.

Evidently the Georgian political leadership is pursuing its own
strategic goals with regard to the railway. The rail line could boost
economic activity in Javakheti region, develop local infrastructure,
and contribute to the reintegration of the Armenia-oriented Javakheti
region with Georgia. In addition, construction of the railway should
speed up the Russian military pullout from Georgia. The functioning
railway could relieve, to a certain extent, the severe
social-economic problems for the Javakheti Armenian community,
especially after closure of the Russian base. Saakashvili has
underlined several times that full integration of Javakheti into
Georgian state life is a compelling problem. He may consider the new
railway to be a tool to address this problem.

Apart from the local goals, the Kars railway is expected to serve
Georgia’s international interests, including strengthening Georgia’s
status as a transit country, developing an strategic alliance with
Turkey and Azerbaijan, and likely curbing Armenia’s regional
ambitions, which Tbilisi has long considered a dangerous neighbor and
the sole strategic ally of Russia in South Caucasus.

Some Russian and Armenian analysts argue that construction of the
Kars-Tbilisi-Baku railway line plays into the hand of Georgia,
because it actually “takes Armenia out of the international transport
circuit” with all the ensuing economic and political consequences.
Besides, they argue, launching a new railway would fundamentally
change the whole regional transit structure, making Azerbaijan a
major traffic hub (, Turan, February 7;
International Railway Journal; March 1; Novoe vremya, April 14;
July 30, 2004).

According to the Armenian newspaper Hayots Ashkharh, “Armenia should
take a wide range of urgent measures in order to prevent the
construction of the Kars-Akhalkalaki railway that will link Turkey,
Georgia, and Azerbaijan.” Furthermore, the paper argues, the “railway
will strengthen Armenia’s dependence on Georgia” (Hayots Ashkharh,
October 1, 2004).

The Kars-Akhalkalaki-Baku railway line promises other benefits for
Georgia. According to analysts, the railway has the potential to
attract freight, including oil, from Central Asia en route to Turkey
by offering a further outlet to the sea. Caspian traders, for
example, may want to deliver oil by rail directly to European buyers.
They will obviously save money and time bypassing tanker routes.
Georgia could thus offer two oil routes to Europe, by sea and by
land, making the country an important element of the transport
corridor linking Asia, the Caucasus, and Europe.

Some investments in the Kars-Akhalkalaki Railway are already pending.
In 2002, China, which reportedly prefers this route to the Russian
one to connect to Europe, showed a readiness to invest in the project
and has submitted relevant plans to the Turkish government. Georgia,
Azerbaijan, and Turkey have already applied the European Commission
to include the new railway line in the TRACECA transport corridor.

Released Armenian pilots to return home on 9 June

Sources:

A1+ web site in Russian 6 Jun 05

Armenian Radio 1in Armenian 7 Jun05

The official representative of Armenia and employee of the Foreign
Ministry, Gevorg Petrosyan, left for the capital of Equatorial Guinea,
Malabo, today to organize the return of Armenian pilots.

In a press release the Foreign Ministry said that Armenia is very much
pleased with the release of the Armenian pilots and expressed its
gratitude to the Equatorial Guinea authorities, in particular, to
President Teodoro Obiang Nguema for his compassionate attitude towards
the pilots.

By the way, the law enforcement bodies of that country have been
ordered to release the pilots immediately and send them back to
Armenia.

All the charges against Commander Ashot Karapetyan, second pilot
Samvel Darbinyan, navigator Samvel Mahkalyan, technicians Razmik
Khachatryan and Suren Muradyan and engineer Ashot Simonyan were
dropped.

(The Armenian radio reported today that the pilots, who have been
released from jail several days ago and who are now being treated in
hospital, will be brought back to Armenia on 9 June)

Politics.co.uk, UK
June 7 2005

Amnesty International UK – Equatorial Guinea: Trial of alleged coup
plotters unfair
Tue, 07 Jun 2005

EQUATORIAL GUINEA: NEW REPORT SHOWS TRIAL OF ALLEGED ‘MERCENARY COUP
PLOTTERS’ UNFAIR

As six Armenians convicted of taking part in an alleged coup attempt
in Equatorial Guinea last year await release after a pardon issued by
the country’s President, Amnesty International said today that the
arrest, trial and detention of the group of alleged “mercenaries” was
unfair and full of flagrant human rights violations.

In a report released today, ‘Equatorial Guinea – A trial with too
many flaws’, Amnesty International exposes in detail the series of
human rights violations seen throughout the uncovering and
prosecution of the alleged coup plot against Equatorial Guinea’s
President Obiang Nguema (which several UK businessmen, including Mark
Thatcher, are alleged to have financed). The report’s findings are
based on the three month monitoring of the trial by Amnesty
International delegates.

Kolawole Olaniyan, Director of Amnesty International’s Africa
Programme, said: “Everyone, including those accused of “mercenary
activity” has the right to a fair trial and to have his or her rights
protected – including the right to be presumed innocent until proven
guilty, and not to be subjected to torture or other cruel and
degrading treatment. These rights were flagrantly violated in this
case.

“No evidence was presented in court to support the charges against
the accused, and the court repeatedly ignored allegations that
defendants had been tortured while under interrogation in order to
extract confessions.

“The court often appeared more interested in gathering information to
further a separate civil case being brought by the Equatorial Guinean
government against several British businessmen it accused of
financing the alleged coup than in securing justice.”

Amongst other recommendations in the report, Amnesty International is
calling on the government to ensure an immediate and fair hearing of
the appeal lodged by defence lawyers, and to ensure that all
allegations of torture and other human rights violations are promptly
and thoroughly investigated and that suspected perpetrators are
brought to justice.

Torture allegations include the case of Gerhard Eugen Merz, a German
national arrested on 8 March 2004, who died about ten days after his
arrest. Several South African defendants stated in court that he had
died in front of them, after having been subjected to severe torture,
including lighter-burns on his back and feet.

Background

Since President Obiang Nguema came to power in 1979, Amnesty
International has documented over a dozen allegations of coup
attempts. The announcement of a foiled coup plot is typically
followed by a wave of arrests accompanied by torture and unfair
trials. The authorities seldom produce evidence in court to
substantiate the charges, often based on confessions extracted from
the accused under torture. Until recently such cases have gone
largely unnoticed by the international community.

In 2004 there were at least three alleged coup attempts, which led to
the arrest of about 200 people. Most of those arrested continue to be
held without charge or trial; many of them are seen to be contenders
for power and as such a threat to President Obiang Nguema’s rule.

In the first week of December 2004 four men and one woman were tried
by a military court and convicted of treason, “terrorism” and
espionage. They were sentenced to prison terms ranging from 22 to 26
years. Reports indicate that the five were severely tortured and the
woman raped by several members of the security forces.

The report is available at:

A1plus

| 14:59:51 | 07-06-2005 | Politics |

PACE JUNE SESSION: URGENT DEBATES ON CONSTITUTIONAL REFORM IN ARMENIA

At its June 7 meeting in Lisbon the Assembly Bureau proposed that PACE hold
two urgent debates at its next plenary session (20-24 June 2005), one on
follow-up to the third Council of Europe Summit and the other on
constitutional reform in Armenia, as well as a current affairs debate on the
situation in the republics of Central Asia.