Genocide case still stuck in court
By Jillian Fennimore/ Staff Writer
Community News Company
Friday, September 22, 2006
Oral arguments were heard for the first time on the motion to dismiss
the case of the Assembly of Turkish American Associations and its
lawsuit against the Massachusetts’s Department of Education’s
curriculum guide concerning the teaching of the Armenian genocide.
U.S. District Court Judge Mark L. Wolf presided over the
courtroom on Monday, and has yet to make a ruling regarding
procedural issues and merits within the case.
As a result of last year’s lawsuit, involving a Lincoln-Sudbury
High School history teacher and high school senior, along with
another teacher and ATAA, the Armenian Assembly of America filed an
amicus curiae – friend of the court – brief in support of defending
the rights to teach the genocide history in the schools.
According to a press release, the ATAA lawsuit asserts that a
decision to remove materials of genocide denial in the school
curriculum amounts to “censoring” and therefore would be a violation
of the First Amendment.
The Lincoln-Sudbury High School teacher, Bill Schecter, and
senior Ted Griswold argue that the Turkish perspective in the
teaching of 1915 slayings of approximately 1.5 million Armenians
during their deportation from Turkey were deleted from curriculum
guidelines.
Their perspective is that the Armenian Genocide never occurred,
even though genocidal historians fully acknowledge that it did occur.
Harvey Silvergate, an attorney representing the ATAA, said he is
hopeful of the outcome because the judge was very precise in hearing
all the facts.
“It’s unusual to have a judge hear a motion like this for so
long,” he said about the 2 1/2-hour session. “He has a very serious
consideration for this.”
Silvergate estimates that a ruling will be made within weeks.
But voices from the other side say the lawsuit is an act of
rewriting history and is just wrong.
“The state’s curriculum ensures that the lessons of the
Holocaust, Armenian Genocide, Irish Famine and other crimes against
humanity are not forgotten and thus taught in classrooms,” said Scott
Ferson, spokesman for the Armenian Assembly of America.
Arnold Rosenfeld, an attorney representing the Armenian Assembly
of America, said there are three basic procedural issues the judge
could rule on, regarding whether or not the lawsuit meets the statute
of limitations, is qualified as discrimination, or has standing,
“They really did not show that they had been harmed,” Rosenfeld
said about the plaintiff’s case.
Anthony Barsamian, Armenian Assembly Board of Directors chairman,
labeled the lawsuit as “disingenuous” and without clout, only moving
forward to create controversy.
“We will just keep muddying this thing up,” he said. “I just
think that is unfortunate.”
He said he has been pleased by the response of community members
and the interest in joining the coalition to seek a positive outcome.
Depending on the judge’s ruling, the case could be dismissed,
appealed or continued into a discovery hearing.
Jillian Fennimore can be reached at [email protected].

ANC PAC
104 N. Belmont St.
Suite 200B
Glendale, CA 91206
Press Release
September 21, 2006
Adam Schiff Continues Leadership on Armenian Issues in Congress
Washington, DC – Congressman Adam Schiff (D-CA) aggressively pursued
a number of issues important to his Armenian American constituents
during the 109th Congress. For raising awareness of the Armenian
Genocide on Capitol Hill and his efforts in support of the freedom
of Nagorno-Karabagh, Schiff has been awarded a grade of an A+ from
the ANCA Congressional Report Card.
“Congressman Schiff has been a very visible ally of Armenian- Americans
both in Washington, DC and here in his Congressional District. He has
helped our community by providing outstanding constituent services
and by representing our hopes and dreams with respect to Armenia in
the halls of Congress,” remarked ANC-PAC Chairman Leonard Manoukian.
“From intervening to help an orphaned Armenian child gain asylum,
to pushing Republican leaders to schedule a vote on the Armenian
Genocide resolution, Adam has fought the good fight during this past
legislative session. We encourage all of our supporters to vote for
Adam this November” Manoukian added.
During the 109th Congress, Schiff delivered a speech on the House
floor in support of freedom for the people of Nagorno-Karabagh. He
attended an event on Capitol Hill honoring senior officials from
Nagorno-Karabagh. The Congressman has also been a forceful voice in
objecting to the Bush Administration’s firing of Ambassador John
Evans. At a hearing held in February, the Congressman questioned
Secretary of State Condeleeza Rice on the status of Ambassador Evans
and what role the State Department played in the withdrawal of an award
given to the Ambassador by the American Foreign Service Association. In
June of 2006, he co-authored a letter urging the Secretary of State
to reconsider the recall of Ambassador Evans.
Congressman Schiff has also been active on a number of other Armenian
American issues and has been present at a great number of Armenian
events in the 29th Congressional District. He was a keynote speaker
at a banquet held by the Burbank ANC Chapter in May and submitted
a Congressional Record statement last year on the occasion of the
Pontifical visit of His Holiness Aram I, Catholicos of the Great
House of Cilicia.
The ANC-PAC is a non-partisan federally registered political action
committee established to support campaign committees for Members of
Congress who share the values of the Armenian American community.
The ANC-PAC is at the forefront of efforts to ensure that the voice
of the Armenian American community is clearly heard in our nation’s
capital. The ANC-PAC continues a century old tradition of Armenian
Americans engagement on the public policy issues facing national
political leaders, both in the U.S. Congress and the White House.
#####
From: Emil Lazarian | Ararat NewsPress

Congressional Record: September 21, 2006 (Extensions)]
> > From the Congressional Record Online via GPO Access
> > [wais.access.gpo.gov]
[DOCID:cr21se06-72]
ARMENIAN INDEPENDENCE DAY REMARKS
HON. SCOTT GARRETT
of new jersey
in the house of representatives
Thursday, September 21, 2006
Mr. GARRETT of New Jersey. Mr. Speaker, today marks the 15th
anniversary of the independence of Armenia. On this day in 1991,
Armenia was finally given the opportunity for self-rule for the first
time in centuries. After suffering under harsh rule of the Turks,
who attempted to slaughter them, and then the Soviets, who imprisoned
them and persecuted them for their Christian beliefs, Armenia is now
heading for a bright future filled with liberty and economic growth.
After decades of stagnation under the failed communist economic system,
Armenia now ranks as the 27th most economically free nation in the
world. A member of the World Trade Organization, Armenia is working
through the World Bank and International Monetary Fund to grow its
economy. I have strong faith that Armenia will continue to grow
despite the harsh embargoes of its neighbors in Georgia and Turkey.
Armenia is justifiably proud of its deep cultural roots that go back
to the dawn of recorded civilization. Ninety-nine percent of Armenians
are literate and they have preserved both a distinct language and
alphabet. Located in the shadow of the famed Mt. Ararat, Armenia’s
growing tourist industry prides itself on the nation’s fascinating
history.
Armenian-Americans are contributing to the development of their
homeland by investing and promoting the nation on the international
stage. Today is a great day for them and their homeland. I congratulate
Armenia on 15 years of freedom and progress and trust that our nations
will grow even closer in the future as we seek to promote liberty
around the world.

Congressional Record: September 21, 2006 (House)
> > From the Congressional Record Online via GPO Access
> > [wais.access.gpo.gov]
MARKING 15TH ANNIVERSARY OF REESTABLISHMENT OF INDEPENDENCE OF ARMENIA
Mr. SCHIFF. Mr. Speaker, I ask unanimous consent to speak out of
order. The SPEAKER pro tempore. Without objection, the gentleman
from California is recognized for 5 minutes.
There was no objection.
Mr. SCHIFF. Mr. Speaker, today marks the 15th anniversary of the
reestablishment of the independence of the Republic of Armenia. On
behalf of the tens of thousands of Armenia Americans in my district,
the largest Armenia community outside of Armenia, “Oorakh Angakhootyan
Or,” congratulations to the people of Armenia on a decade and a half
of freedom.
Building upon the foundations of the first Armenian Republic of 1918,
today’s Armenia has, in the years since it declared its independence
from the disintegrating Soviet Union in 1991, strengthened democracy
and the rule of law, promoted free-market reforms, and sought a just
and lasting peace in a troubled region.
With America’s help, Armenia is overcoming the brutal legacy of
Ottoman persecution, Soviet oppression, Azerbaijani aggression against
Karabagh, and the ongoing dual blockades by Turkey and its allies
in Baku.
Recognizing this progress, John Evans, the former U.S. Ambassador, said
in 2004, that “Armenia now has well-founded hopes for a prosperous and
democratic future.” I am proud of the role that the United States
Congress has played in strengthening the enduring bond between the
American and Armenian peoples.
This special relationship is rooted in our shared values and
experiences over the course of more than a century. Among these shared
values are a commitment to democracy, tolerance, religious freedom,
human rights and the peaceful resolution of conflicts.
In the 1890s, Clara Barton, the founder of the American Red Cross,
traveled to Armenia to help the Armenian victims of massacres being
perpetrated by the Ottoman Turkish Government.
In 1915, as the Ottoman Empire began its campaign of genocide against
the Armenian people, the U.S. Ambassador to Constantinople, Henry
Morgenthau, documented and, at the risk of his own career, protested
the ongoing massacres, death marches and other barbarities.
Later, President Woodrow Wilson led the formation of the Near East
Relief Foundation to help the survivors of the Armenian genocide,
and spearheaded the international efforts to secure justice for the
Armenian people and to support the first Republic of Armenia.
Later, after the short-lived Republic of Armenia was annexed by the
Soviet Union, Armenians here in America and around the world were
key allies in our decades-long struggle against the Soviet threat
to freedom. This cooperation contributed to bringing an end to the
Soviet Union, to the rebirth of an independent Armenia, and to the
democracy movement and self-determination of Karabagh.
Armenia has made tremendous progress in building up a free-market-
oriented economy over the past decade and a half. According to the
Heritage Foundation/Wall Street Journal Index of Economic Freedom,
Armenia is consistently ranked as a free economy, and is currently
the 27th freest in the index’s 2006 rankings.
Recognizing this, the United States has named Armenia as one of only
a handful of countries to have qualified for assistance through the
Millennium Challenge Account, a program which targets development
assistance to countries that rule justly, invest in their people and
encourage economic freedom.
Armenia has also sought to integrate itself in the world economy as
a member of the World Trade Organization, and I was pleased to join
many of my colleagues in working to extend the Permanent Normal Trade
Relations status to Armenia.
Armenia’s economic accomplishments are more extraordinary when you
factor in the crippling and illegal economic blockades imposed by
Turkey and Azerbaijan. The blockades cost Armenia an estimated $720
million a year and have forced more than 800,000 Armenians, close to
a quarter of Armenia’s population, to leave their homeland over the
past decade.
The biggest challenge Armenia faces is the hostility of its neighbors.
While the primary threat from Turkey is economic and diplomatic,
Azerbaijan has been far more bellicose. Both Armenia and Nagorno
Karabagh have demonstrated their commitment to a peaceful resolution
of the Karabagh conflict through the Organization for Security and
Cooperation in Europe. In contrast, Azerbaijan has taken reckless
steps that have contributed to instability in a region of strategic
and economic importance.
Armenia’s Soviet past and the economic and security challenges it
faces have impeded the country’s progress towards full democracy
and the rule of law. Those of us who care deeply about Armenia and
the Armenian people must continue to help Armenia to perfect its
institutions and expand the rule of law.
Mr. Speaker, nobody knows the need for broad engagement with Armenia
more than the Armenian-American community, which has strong ties to its
ancestral homeland. Armenian Americans have made contributions to every
aspect of American life. From investor Kirk Kerkorian to Ray Damadian,
inventor of Magnetic Resonance Imaging, to the multiplatinum rock band
System of a Down, Armenian-Americans have enriched our Nation. They
are also committed to contributing to an ever brighter future for
Armenia. I have been privileged to work with many of the community
on ending this government’s tragic failure to recognize the Armenian
genocide, on ending the Turkish and Azerbaijani economic blockade,
on securing aid to Armenia, and securing permanent normal trade
relations with Armenia.
Armenia has come a long way in 15 short years, and I look forward to
much more progress in the years ahead.

CDA Candidates Deny Genocide by Turks
By our correspondents
Trouw (Dutch national newspaper)
21-09-06
Two candidates on CDA’s (Christian Democrats) list for the
parliamentary elections in November deny the Armenian Genocide,
while the party believes that Turkey should recognize the genocide.
It concerns two candidates of Turkish descent: Ayhan Tonca (in 35th
place) and Osman Elmaci (56). For a long time, Tonca has called the
genocide a lie. Elmaci recently clarified his views in a letter to the
Parliament. The letter is available on the website of TV-program NOVA,
which explored this issue yesterday.
Elmaci writes that ChristenUnie’s proposal to penalize the denial of
genocide goes against the pillars of freedom of speech. He points
to the fact that there are 300,000 Turks in the Netherlands who do
not believe in the Armenian Genocide of 1915 and sums up the Turkish
arguments.
Tonca is the chairman of the Islamic Foundation in the Netherlands
(ISN), the Dutch chapter of Diyanet, the Turkish Ministry of
Religious Affairs. ISN also oversees most of the Turkish mosques in
the Netherlands. In Turkish circles, people are questioning how Tonca
can function as a representative of the people when he is tied hands
and feet to the Turkish government.
On Elmaci’s website (), there are indications
that he is affiliated with right-winged nationalist Turkish
organizations. Earlier, both Elmaci and Tonca criticized the
proposal of the ChristenUnie in an e-mail discussion with local
Turkish politicians.
CDA’s chairwoman, Marja van Blijsterveldt, responds in a reaction
that she respects Tonca’s views, but that they are not the views of
the fraction, nor of the party.
The Armenian Genocide happened in 1915, when Turkey was allied with
Germany. Turks deported Armenians to Syria when they began to question
their loyalty.

Many Turks in CDA, PvdA, and VVD deny genocide
By Eimert Mulder
Trouw (Dutch national newspaper)
September 22, 2006
Not only in the CDA (Christian Democrats), but also in other Dutch political
parties there are Turkish politicians who actively deny the genocide against
the Armenians.
This became apparent from an e-mail discussion in the Yahoo chat group
siyanet-nl, which this newspaper got hold of and which in June flared up as
a result of the proposal by the ChristenUnie to penalize denial of genocide.
The e-mails show a lobby, running through all the parties. Most participants
are Turkish municipal members or governmental members. They are mostly
affiliated with the CDA and PvdA (Labor Party), with a few in the VVD
(Liberal Democrats). Within the Turkish political spectrum, they are,
regardless of which Dutch stream they follow, generally supporters of
right-winged nationalist and religious philosophies. They are convinced that
what happened to the Armenians in 1915 was not genocide.
During the discussion they considered the question of how they can prevent
the Parliament from accepting the motion submitted by the ChristenUnie.
Ayhan Tonca and Osman Elmaci were among the participants. These two CDA
candidates for the parliamentary elections in November were in the news this
week because they deny the genocide.
Gor Koksal, VVD member of the States General in Noord-Holland, proposed in
the e-mail exchange to discuss the issue more seriously with the submitter
of the motion, Tieneke Huizinga. Members of siyanet-nl should argue that, in
the recent past, well-documented genocides have readily available
photographs and video-recordings. Is it then possible to use such a notion
for an “imaginary event,” for which there is not a single piece of
historical evidence? It is in this manner that they should approach her,
writes Koksal.
They could also make a suggestion for her to support a symposium with Dutch
historians. Koksal said that he was against demonstrations and urged his
colleagues not to threaten or curse in e-mails. He is, as it says on his
website, political advisor to VVD MP Fadime Orgu and member of the
Integration Commission of Minister Verdonk.
Mahmut Yazici (CDA, Deventer) doesn’t see much in Koksal’s idea: “The
ChristenUnie has been working on this issue for many years and has a clear
goal. It is impossible to influence them in any way.” His advice: to remind
the CU that they are a trivial party and not worth the energy that the other
parties should receive. The independent councilor Mustafa Ozcan (Amersfoort,
former GroenLinks (Greens)) seconded that. Following this, other members of
the siyanet-nl promised that they would do their best in their own parties.
Recep Soysal’s approach is different. He wondered why CDA, PvdA and VVD,
despite all the Turkish votes that they receive, still vote against Turkish
interests. He thinks it unwise to put the Armenian question on the agenda:
“According to me, it’s a trap that they want us to walk into.” According to
him, there are dark intentions to distract Turkish politicians from their
actual agenda.
ChristenUnie takes the lead in legislation
On December 21, 2004, the Dutch Parliament unanimously adopted a motion
presented by the ChristenUnie (CU) that recognized the genocide of the
Armenians. In June, the CU submitted a bill that penalizes denial of a
genocide when done offensively. Just this week, the Council of State
responded. The law can now be worked on.
Last May in France, a vote was almost passed for a law that would penalize
denial of the Armenian Genocide. In the end, politicians felt that politics
should not write history. The delicate issue, which jeopardizes Turkey’s
relations, was postponed to October. Turkey denies that there was a
deliberate massacre of hundreds of thousands of Armenians in 1915.

Turkish lawyer wants CDA candidates in court
Twisting around the Armenian question
By our correspondents
Trouw (Dutch national newspaper)
September 22, 2006
The Dutch Turkish politicians Ayhan Tonca and Osman Elmaci, both on
the candidate list of the CDA for the elections, risk trial in Turkey.
Today, nationalist Turkish lawyer Kemal Kerincsiz is in the process of
investigating Tonca and Elmaci’s statements on the Armenian issue. If
they are opposed to Turkish law, then Kerincsiz will, so he said
yesterday to Trouw, press charges, because it violates article 301
of the Turkish penal code. This penal code forbids the slandering
of Turkey’s reputation. Earlier, Kerincsiz pressed charges against
the authors Orhan Pamuk and Elif Shafak, without success. Tonca and
Elmaci received the Turkish lawyer’s attention after their conspicuous
twist in their standpoint on the Armenian issue.
It was only in June that they were campaigning against the submitted
bill of the ChristenUnie (CU) via an e-mail group of local Turkish
politicians in the Netherlands. The CU cited, among others, the
Turkish genocide against the Armenians in 1915.
An e-mail discussion revealed that both Tonca and Elmaci deny the
Armenian Genocide. But after a commotion over their views, they said in
an explanation on Thursday: “Hereby we declare that we, if we had had
seats in the parliament during the motion on the Armenian Genocide,
we would have seconded the standpoint of the CDA after participating
in the fraction’s debate and would have voted in favor of the motion
presented by the ChristenUnie.”
Yesterday the two refused to say whether they recognize the Armenian
Genocide implicitly.
Now PvdA is struggling with the same problem. Yesterday, it
became clear that PvdA had placed Erdinc Sacan in the 53rd
place of the candidate list. Sacan participated in the same
anti-Armenian e-mail lobby. Yesterday, he joined Tonca and Elmaci’s
explanation. Spokespersons of both the CDA and the PvdA pointed out
that the decisive reason for putting these candidates on the list
was that all three men conform to the fraction’s standpoint, which
is more important than what they think for themselves.

CDA candidates recognize Armenian Genocide
ANP
22 September 2006
THE HAGUE (ANP) – CDA parliamentary members Ayhan Tonca and Osman
Elmaci recognize that Turkey committed a genocide against the Armenians
in 1915. In a statement, they said that they conform to the motion
of the ChristenUnie, in which the Armenian Genocide is addressed.
In December 2004, the Parliament, initiated by the ChristenUnie,
unanimously agreed that the Dutch government should continuously raise
the Armenian massacres in all of its negotiations with Turkey in the
framework of Turkey’s accession to the EU. According to the Armenian
community in the Netherlands, the two CDA candidates had, until now,
only expressed Turkey’s official view that an Armenian Genocide was
never committed.
This week, the Federation of Armenian Organizations in the Netherlands
(FAON) asked the CDA party administration about Tonca’s (35th place
on the concept-candidate list) and Elmaci’s (56) standpoint on the
genocide. The genocide has been recognized as fact by the United
Nations since 1985. In 1915, an estimated 1.5 million Armenians
perished.

NKR REPRESENTATIVE IN THE U.S: THERE ARE POSITIVE
TENDENCIES IN THE PROCESS OF NKR’S RECOGNITION
Defacto.am
2006-09-20 15:31:00
Today, DiplomaticTraffic.com, an online periodical of the East West
Communications, published an interview with NKR Representative to
the U.S. Vardan Barseghian.
According to Vardan Barseghian, although not recognized formally
by any government, Karabakh’s continued march to secure lasting
independence is irreversible. “There is no going back for us,”
he said. “Just because Stalin gave Karabakh to Azerbaijan does not
mean that the international community has to reinforce what Stalin
did.” He continued: “What [Stalin] did at the beginning of the last
century was against the will of our people. And now we are at the
beginning of the 21st Century.” Barseghian noted that GDP doubled
from 2001 to 2005 (increasing to $114 million from $53 million),
and economic growth last year was 14 percent.
Investments have been in telecoms, gold mining, diamond polishing,
jewelry and agriculture. During Soviet times, Karabakh was the
biggest per-capita producer of grapes in the USSR. Karabakh is also
known for its Mulberry brandy, called Tti Oghi locally. “It is a
beautiful country,” Barseghian said, offering prospects for tourism
development. Some 4,000 foreigners visited in 2005.
Asked about possible recognition of their republic, Barseghian
said “there are positive tendencies” in that direction. He said
“governments recognize the fact that the Nagorno-Karabakh Republic
has been established and functioning as a country, and more and more
contacts look like regular government-to-government contacts.” However,
“the US government tries not to portray these as regular contacts,
for obvious reasons.” Nevertheless, “what’s interesting is that
Washington tracks what’s going on in Nagorno-Karabakh, including
economic progress and democratization. We have indications through
third parties that they are happy with the progress, although they
would not say that in public.”
Regarding relations with Azerbaijan, he said: “I don’t think we have
illusions about being able to negotiate with Azerbaijan directly for
our independence.”
Commenting on the work of the Minsk Group, he noted that, “The main
purpose of the Minsk Group is to facilitate negotiations, and not to
achieve a pre-determined outcome.” Barseghian said that by fighting
for independence, the people of Karabakh had “reaffirmed our right
to live on the land of our ancestors in the way that we feel is good
for us.” He said “It was a very heavy price,” with several thousand
ethnic Armenians killed.
He noted that de facto Azerbaijan had recognized Nagorno-Karabakh’s
existence by recognizing the line of contact that separated the
two sides under the ceasefire. “This is the de facto border between
Azerbaijan and Nagorno-Karabakh.”
“I believe the world recognizes that we deserve to be free, and as a
minimum we should avoid another disaster. International recognition
of Karabakh’s independence will discourage another attack by
Azerbaijan. The ceasefire has held for 12 years, and we believe this
is due to the natural balance of forces.” He noted that Azerbaijan’s
oil revenue had been used in part to strengthen its armed forces, and
Karabakh (and Armenia) stress to the US Congress and administration
that a military balance should be maintained to prevent a new attack
by Azerbaijan.

U.S. Senate Committee Blocked Funding for Kars-Tbilisi-Baku Railway Project
PanARMENIAN.Net
22.09.2006 16:16 GMT+04:00
/PanARMENIAN.Net/ The Armenian National Committee of America
(ANCA) today welcomed the vote by a powerful Senate panel to block
U.S. taxpayer funding for an unnecessary and costly proposed railroad
between Turkey and Georgia that would, if built, circumvent Armenia
and, in the process, undermine the economic viability of the existing
Caucasus railroad route through Armenia.
With a unanimous voice vote earlier today, the Senate Banking Committee
adopted the amendment spearheaded by Sen. Robert Menendez (D-NJ),
and later adopted as proposed by Committee Chairman Richard Shelby
(R-AL) and Ranking Democrat Paul Sarbanes (D-MD). According to the
measure, the Export-Import Bank “shall not guarantee, insure or extend
(or participate in the extension of) credit in connection with the
export of any good or service relating to the development or promotion
of any railway connection or railway-related connection that does
not traverse or connect with Armenia, and does traverse or connect
Baku, Azerbaijan, Tbilisi, Georgia and Kars, Turkey.” The provision
is now part of the Senate Export-Import Bank Reauthorization Bill,
also adopted unanimously by the Committee, paving the way for full
Senate consideration of the legislation.
“We would like to thank Senator Menendez, Chairman Shelby, Senator
Sarbanes, and all members of the Senate Banking Committee for ensuring
that U.S. taxpayer funds are not wasted in the construction of an
ill-advised railway project, initiated by Turkey and Azerbaijan, solely
to exclude Armenia,” stated ANCA Executive Director Aram Hamparian.
From: Emil Lazarian | Ararat NewsPress