Church backers want suit reconsidered

Nashua Telegraph, NH
Jan 23 2005
Church backers want suit reconsidered
By ALBERT McKEON, Telegraph Staff
[email protected]
NASHUA – Objectors to the closure of St. Francis Xavier Church want a
judge to reconsider their rejected civil lawsuit.
Hillsborough County Superior Court Judge William Groff dismissed the
suit this month, backing a previous probate court ruling that allows
the Roman Catholic Diocese of Manchester to sell the property to the
Armenian Orthodox Church.
But former parishioners of the closed Catholic church still argue
their bishop can’t complete the deal. They want Groff to review the
statutory trust under which Bishop John McCormack oversees the church
and to decide if he has not acted in the best interests of
parishioners.
`I don’t know if . . . the court weighed the decision on whether
(McCormack) had the right to sell it or not,’ said attorney Randall
Wilbert, who represents a small group of former parishioners and a
few preservationists who admire the century-old building’s
architecture.
The superior and probate courts have upheld the potential $1 million
sale to local real estate developer Vatche Manoukian, who has said he
wants to donate the property to the Armenian Orthodox Church. The
purchase awaits the final approval of the Armenian Orthodox
Patriarchate of Jerusalem, according to those involved.
But Wilbert and his clients think Groff focused on ancillary issues
concerning the church and did not focus solely on the statutory trust
question. For instance, Groff ruled he couldn’t make decisions on the
diocese merging St. Francis Xavier with St. Louis de Gonzague because
of constitutional provisions separating church and state.
`We’ve never questioned the diocese’s right to suppress parishes,’
Wilbert said of the merger and closure process that occurred in 2003.
`We’re talking about the building. Would we be having this discussion
if instead of a church it was Michelangelo’s `Pieta’?’
Looking at the church strictly as a building, and not as a parish, is
the center of Wilbert’s reconsideration request. He believes the
diocese’s argument to dismiss the lawsuit – that parishioners wanted
the court to review the bishop’s authority on parish mergers –
unnecessarily appeared in Groff’s ruling. Rather, the parishioners
want the court to review their lawsuit only as a bricks-and-mortar
issue, Wilbert said. Does the bishop have the statutory authority to
sell the property in trust, the reconsideration request asks the
court.
Wilbert furthered his `Pieta’ example to highlight the statutory
question. He hypothetically asked if the diocese could sell the Pieta
– an object it owned on behalf of parishioners – for $1 million, even
if the proceeds would benefit those parishioners.
Groff did give the parishioners legal standing on any deed challenge
because they are beneficiaries of the statutory trust. But he found
no evidence McCormack, as the trustee, would use sale proceeds for
any purpose other than the benefit of parishioners.
The statutory question rests on a 119-year-old deed granted by a
now-defunct textile manufacturer, The Jackson Co., that once operated
in the French Hill neighborhood. The company granted the hilltop land
on which the church sits, under the stipulation that the land always
have a place of religious observance.
Ovide M. Lamontagne, an attorney representing the diocese, hadn’t
read Wilbert’s filing as of Friday, but said he was familiar with its
premise. He said the basis behind the reconsideration request tries
to eliminate a bishop’s ability to manage any parish property.
`The statute quite explicitly finds that a bishop can use the
property to advance the interests of parish,’ Lamontagne said.
The parishioners interpret the trust to read that the bishop can
never act in any fashion on a parish property, contradicting the sole
purpose of the trust, he said.
Former parishioner Francis Bonner points to the argument in the new
filing that claims the Catholic Church has many churches that are
separate from a parish. A mission, oratory or college church exists
outside the parish structure, and St. Francis Xavier should be
legally reviewed as such – simply as a Catholic Church building, he
said.
The former parishioners haven’t lost hope in their long struggle to
preserve the church, Bonner said.
`If this one is destroyed or sold, it won’t be there for future
(Catholic) bishops,’ Bonner said. `This is the essence of our
position. We’re trying to save a grand church for future
generations.’
Lamontagne has another perspective.
`At some point in time, when the laws and decisions in a case are
clear, it does become unreasonable to continue a battle,’ he said. `I
never fault (people) for exhausting their options, but I do think
it’s in the best interest of St. Louis de Gonzague for this matter to
be concluded and this to be completed.’

Stability Movement Accuses Aravot Daily of Betrayal

STABILITY MOVEMENT ACCUSES ARAVOT DAILY OF BETRAYAL
YEREVAN, January 21 (Noyan Tapan). On January 21, the Stability public
movement organized an action of protest near the editorial office of
Aravot daily, in front of the Press building, demanding that the
newspaper should publish a refutation in connection with the editorial
of the previous issue, otherwise the editor-in-chief of the newspaper
should leave the homeland “as a traitor.” The above-mentioned
editorial, in particular, said: “According to some observers, the
statement of Elizabeth Jones, Assistant US Secretary of State for
Europe and Euroasia, about the “corrupted” and “criminal” authorities
of Nagorno Karabakh is an absolute slander as the “criminal” and
“corrupted” elements of Karabakh are in Armenia long ago.” Burning the
January 20 issues of Aravot, the representatives of the movement
declared that their action is against the partiality of the newspaper
and not against freedom of speech and democracy. In their opinion,
this article “was copied from the Turkish press and corresponds to the
mentality of the Turkish scum.” The participants of the action carried
a “Traitor Aravot” poster. Aram Abrahamian, editor-in-cheif of the
Aravot daily, informed a Noyan Tapan correspondent that the newspaper
isn’t going to refute its viewpoint and he doesn’t treat the
“statements of those youths” seriously. He mentioned that the
organizers of the action may express their indignation in the Aravot
newspaper.

Government Approves Concept of Innovative Activities in Armenia

GOVERNMENT APPROVES CONCEPT OF INNOVATIVE ACTIVITIES IN ARMENIA
YEREVAN, January 21 (Noyan Tapan). At the January 20 session, the RA
government approved the concept of innovative activities in
Armenia. The principles and approaches of the innovative policy
implemented by the government are stipulated in the concept. The
adoption of the concept and the Law on State Assistance for Innovative
Activities in Armenia developed on its basis will promote the
formation of a knowledge-based economy, the stable and secure
development of the country, the process of integrating into the global
economic system and rationalizing the use of natural and intellectual
resources, it will increase the competitiveness of the Armenian
economy and, as a result of all this, become one of the stable
guarantees of reducing poverty in the country and ensuring an
appropriate standard of living for the people. According to the RA
government’s Information and PR Department, the RA Minister of Trade
and Economic Development was assigned to develop and submit to the
government for approval, within 6 months, the 2005-2010 Program on
Creation and Development of the Innovative System in the RA.

Info on Armenian Genocide Spread to 1.5 mln Electronic Addresses

INFORMATION ON ARMENIAN GENOCIDE SPREAD TO 1.5 MLN ELECTRONIC
ADDRESSES
YEREVAN, January 20 (Noyan Tapan). This year the Student Council of
the State Engineering University of Armenia (SEUA) also foresees to
spread information on the Armenian Genocide to 1.5 mln electronic
addresses all over the world. Haik Hakarmazian, the Chairman of the
Student Council of SEUA, told NT’s correspondent that this figure
symbolizes the number of victims of the Genocide. It was mentioned
that information on the Genocide was spread to 150,000 electronic
addresses in 2004. Many of addressees, judging by the received
answers, learned about the Armenian Genocide that took place in the
Ottoman Empire for the first time. Some of them supported the
initiative of the Armenian youth. And Turkish and Azeri addressees
expressed their protest, calling this information “slander”. Haik
Hakarmazian mentioned that the youth of the Diaspora supports them in
this issue, providing the electronic addresses of the public,
governmental and non-governmental establishments of their countries.

President Discusses Upcoming Official Visit to Italy w. M. Clemente

RA PRESIDENT DISCUSSES DETAILS OF UPCOMING OFFICIAL VISIT TO ITALY
WITH AMBASSADOR MARCO KLEMENTE
YEREVAN, January 20 (Noyan Tapan). RA President Robert Kocharian
discussed the details of the upcoming official visit of the RA
President to Italy with Ambassador Extraordinary and Plenipotentiary
of Italy to Armenia Marco Klemente during the January 20 meeting.
According to the RA presidential press service, Robert Kocharian
stressed the importance of this visit and mentioned that the
traditional friendly relations have been established between Italy and
Armenia, and good prospective is evident in the sphere of economic
cooperation, in particular, in the sphere of the small and medium
enterprises.

Union of Communities Considers Jones’ Defn. of NK Incomprehensible

ARMENIA’S UNION OF COMMUNITIES CONSIDERS JONES’ DEFINITIONS OF
KARABAKH AYTHORITIES AS INCOMPREHENSIBLE AND EXTREMELY WORRYING
YEREVAN, January 20 (Noyan Tapan). Armenia’s Union of Communities sent
a letter, in which it expressed its concern over the statement on
Nagorno-Karabakh made by Assistant US Secretary of State for Europe
and Eurasia Elizabeth Jones, to the US Ambassador Extraordinary and
Plenipotentiary to Armenia John Evans. The Union of Communities
condiders it important to present the information regarding the
authorities formed in Nagorno-Karabakh, underlining that the process
of establishing democratic institutions is taking place in
Nagorno-Karabakh, in particular, good progress has been made with
respect to promoting the local democracy. Unlike many other countries
of the region, Nagorno-Karabakh has quite an advanced and constantly
improving legislation in the sphere of local democracy, through the
democratic elections the local authorities have been formed and these
are functioning with their own powers and responsibility, and new and
new powers are given to the local authorities. In the context of the
above-mantioned processes, according to the Union, Elizabeth Jones’
definitions of Nagorno-Karabakh’s “corrupted and criminal” authorities
are incomprehensible and extremely worrying. “The extreme polarization
of our reality and the assessments given by the US high-ranking
official creates the impression of that official’s being uninformed or
biased,” the document reads. “With the aim of ending various
interpretations caused by the above-mentioned statement assessig the
reality and stating the US policy”, the Union of Communities considers
it important to provide some additional information and explanations
in connection with the above-mentioned statement, and for this purpose
it sends a letter to the Ambassador.

L. Alaverdian Calls To Consider Baku Massacres Mass Violation of HR

LARISA ALAVERDIAN CALLS ON TO CONSIDER BAKU MASSACRES AS MASS
VIOLATION OF HUMAN RIGHTS
YEREVAN, January 20 (Noyan Tapan). The statement of Elizabeth Jones,
Assistant US Secretary of State for Europe and Euroasia, and, in
particular, unfortunate formulation concerning Nagorno Karabakh is the
consequence of Armenia’s wrong policy. Armen Aghayan, Political
Secretary of “In Defence of Liberated Territories” public initiative,
Karabakh war participant, declared this during the January 20 press
conference dedicated to the 15th anniversary of Armenian massacres in
Baku. According to him, “first of all we are to blame because the
Karabakh issue is solved in Moscow or Washington.” Armenia should
oppose an exact national program on settlement of liberated
territories to the processes taking place at present in the issue of
Karabakh settlement, Aghayan considers. At the same time he admitted
that the authorities of the country implement such a program
partially. Larisa Alaverdian, RA Ombudsperson, also participated in
the press conference. She acquainted the participants of the press
conference with the statement of her Azeri colleague concerning the
events that occured in Baku 15 years ago. Larisa Alaverdian expressed
bewilderment in connection with the fact that Azerbaijan’s Ombudsman
calls on the international community to consider these events in the
political field and not in the field of violation of human
rights. “I’ll spare no efforts to remain in the field of human
rights. In January 1990 mass violations of human rights were committed
in Baku. And the UN Commission on Human Rights didn’t answer numerous
applications of Armenians who suffered from Baku violence,” RA
Ombudsperson declared. According to her, without strong pressure of
the public it’ll be impossible to achieve partial restoration of
rights of the people who suffered from Baku massacres.

Scientists of National Academy of Sciences Condemn Jones’ Statement

SCIENTISTS OF RA NATIONAL ACADEMY OF SCIENCES CONDEMN ELIZABETH JONES’
STATEMENT
YEREVAN, January 20f (Noyan Tapan). The January 13 statement of
Elizabeth Jones, Assistant US Secretary of State for Europe and
Euroasia, concerning Nagorno Karabakh isn’t accidental and may have
grave consequences for the solution of this conflict. This is the
general opinion of the scientists of National Academy of Sciences of
Armenia reflected in the January 20 statement. The leading scientists
of the country and representatives of mass media participated in the
discussion and adoption of the draft statement. Nikolay Hovhannisian,
Director of the Institute of Oriental Studies of RA National Academy
of Sciences, Academician Konstantin Gharagyozian, Director of the
Institute of Molecular Biology of RA National Academy of Sciences,
Academician Lenser Aghalovian, Director of the Institute of Mechanics
of RA National Academy of Sciences, Ashot Melkonian, Director of the
Institute of History of RA National Academy of Sciences, Academician
Vladimir Khojabekian, Director of the Institute of Economy, and others
were deeply convinced that speaking about the Karabakh conflict Mrs
Jones pursued certain political goals aimed at protection of
Azerbaijan’s and Turkey’s interests. It was emphasized that the
position of the official Washington differs from the above-mentioned
statement. As Nikolay Hovhannisian reminded, we should take into
consideration the fact that the statement was made by a person
relieved of the post occupied by her. The scientists expressed deep
anxiety about Russia, which, in their affirmation, should speak not
only in protection of the interests of its ally but also its own
interests. “The interests of Russian Federation are touched upon here,
Russia is directly accused of the fact that it doesn’t hamper
spreading of narcobusiness and terrorism in the post-Soviet area. I am
surprised that Russia keeps silence ,” Ashot Melkonian said in his
speach. The statement also said that Elizabeth Jones’ statement
doesn’t stand any scientific criticism being slanderous in its
essence. The scientists demand more responsible, well-considered
approaches concerning estimations of conflicts from the diplomatic
circles of US.

“Human Rights and Democracy” Party Activities to Combat Corruption

“HUMAN RIGHTS AND DEMOCRACY” PARTY ESTABLISHES PUBLIC-POLITICAL
COUNCIL ON STRUGGLE AGAINST POLITICAL CORRUPTION
YEREVAN, January 20 (Noyan Tapan). The “Human Rights and Democracy”
party is declaring about its initiative to establish a public-political
council on struggle against political corruption in Armenia and calls
on all the political organizations and NGOs anxious about this problem
to participate in formation of the council. In the January 19
statement the party grounds its initiative by the fact that “struggle
against corruption is of formal character in Armenia.” “It is limited
by the document called “Anti-corruption Strategy and Program of Events
of Its Implementation,” which wasn’t discussed with participation of
subjects of civil society as a result of the unsuccessive activity of
the Armenian Office of World Bank and, perhaps, because it has nothing
in common with the corruption processes existing in the country.”
Moreover, according to the organization, the council established by RA
President for the purpose of “allegedly, complete and efficient
implementation of the program” has jested its activity away
contributing to further development of corruption in the republic, in
particular, it registered no results during a year since its
establishment, distorted the notion of “corruption” turning the abuse
of governing authorities into displays of bribe, including the
non-state sector, abstained from monitoring of corruption in the
“upper links” envisaged by the very program and the Commission on
Monitoring even hasn’t established a working group in connection with
political corruption.” It’s obvious, the party declares, that “the
subjects of the country’s civil society are to head the struggle
against corruption and first of all against its cornerstone, political
corruption, in the republic.”
From: Emil Lazarian | Ararat NewsPress

1600th Alphabet Jubilee Arrangements to Start in May/June

JUBILEE ARRANGEMENTS DEDICATED TO 1600TH ANNIVERSARY OF CREATION OF
ARMENIAN ALPHABET TO START IN MAY-JUNE
YEREVAN, January 20 (Noyan Tapan). The process of the fulfillment of
the instructions given during the last sitting was presented at the
sitting of the Commission on Holding of Jubilee Arrangements on the
Occasion of the 1600th anniversary of the creation of the Armenian
alphabet. Issues regarding the place of the holding of over 20
arrangements, the terms of their holding, those responsible for the
holding of these arrangements and financial provision were specified
as a result of the discussions. According to the elaborated program,
the jubilee cerebrations will start in May-June with the holding of
the republican festival of recitation, open lessons in schools and
higher schools, the competitions of compositions, student scientific
sessions, scientific and cultural arrangements dedicated to the 1600th
anniversary of the creation of the Armenian alphabet, as well as the
organization of the electronic conference entitled “Informational
Technologies and the Armenian Alphabet”. The republican symposium on
sculpture will be held in Artashat in August. The international
conference of the Armenian Studies dedicated to the 1600th anniversary
of the creation of the Armenian alphabet will be held in September.
The jubilee celebrations will reach their apogee in October, when the
theatrical performance depicting Mesrop Mashtots’s return to the
Homeland will be held. At the same time, “Targmanchats Ton” (the
holiday of translators) will be celebrated in Oshakan, and the solemn
arrangement will be held at the Academic Theater of Opera and Ballet
after Al. Spendiarov in Yerevan. Different arrangements to be held in
Yerevan, the regions of the republic, Artsakh, Javakhk and the
Diaspora during the whole year will be widely covered by the mass
media. According to the RA government’s press service, RA Prime
Minister Andranik Margarian, the Chairman of the Commission,
instructed to sum up once again the results of the sitting till
February 15, taking into account all the proposals, and submit the
final variant of the program to the commission for approval at the
next sitting.