Decoding of the flight recorders of the crashed A-320 is in the final stage
ArmRadio.am
12.07.2006 17:17
President of the CIS Interstate Aviation Committee Tatyana Anodina
declared today in Yerevan that decoding of the flight recorders
of the crashed A-320 is in the final stage. For the first time she
officially stated that they have all grounds, which will allow to
detect the exact reasons of the crash.
“The whole information will be publicized by the end of the month
and the work will be completed,” Tatyana Anodina said.
The decoded data will not be disseminated through mass media, as it
is required by international law. Recently “Moskovskiy Komsomolets”
newspaper wrote that the decoding of the flight recorders suggests
that those guilty of the crash should be searched for on the land
and that the human factor cannot be considered the cause of the
tragedy. The paper quoted also pilot Alexander Akimenko’s words:
“There are no felones-de-se among pilots. And after the crewmembers
die, taking also the lives of hundreds of passengers, the culprits
should be searched for among the alive. Tatyana Anodina considers
such publications impermissible and improper.
“Consultation with any structure is excluded. According to
international norms, the Interstate Aviation Committee should draw
objective suggestions and there can be no pressure on the part of
any structure,” she said.
To remind, the last flight of the crashed A-320 was modeled in
Toulouse.
French, Russian and Armenian specialists were participating in the
works. The results of the investigation have not been completely
summed up so far.

There is no arrangement on selling Iran-Armenia gas pipeline to Russian “Gasprom” Company
ArmRadio.am
12.07.2006 17:40
There is still no agreement on selling Iran-Armenia gas pipeline to the
Russian “Gasprom” Company,” since the pipeline does not exist so far,”
Armenian Co-Chair of the Armenian-Russian Intergovernmental Commission
for Economic Cooperation, RA Defense Minister Serge Sargsyan declared
during the joint press conference with the Russian Co-Chair of the
Commission, RF Minister of Transport Igor Levitin.
Summing up the results of the Commission’s work during the past six
months, the parties attached particular importance to the agreement
between RA Government and the Russian “Gasprom” Company on selling
the 5th energy unit of Hrazdan Thermal Power Plant, which, in Igor
Levitin’s words, will provide the opportunity for the accomplishment
of gas and energy programs on the territory of Armenia.
To remind, in late June Deputy Director of “Gasprom” Company Alexander
Ryazanv declared that the Company intends to buy also Iran-Armenia
gas pipeline.

RA President was introduced to the results of investigation of the A-320 crash
ArmRadio.am
12.07.2006 17:55
President Robert Kocharyan received RF Minister of Transport, Russian
Co-Chair of the Armenian-Russian Intergovernmental Commission on
Economic Cooperation Igor Levitin and President of the CIS Interstate
Aviation Committee Tatyana Anodina.
They informed the President about the results of investigation
of the crash of the A-320 near Sochi on May 3. It was noted that
the last flight of theA-320 was modeled on the flight simulator in
Toulouse. French, Russian and Armenian specialists were participating
in the works. The modeling was carried out based on the data received
from the decoding of the black boxes. The results of the investigation
are still being summed up. The Interstate Aviation Committee has been
instructed to complete the works as soon as possible and to publicize
the final results.

Armenian premier says Lebanese ties “harmonious”
Arminfo
11 Jul 06
Yerevan, 11 July: Armenian Prime Minister Andranik Markaryan today
received a government delegation headed by Lebanese Foreign Minister
Fawzi Sallukh.
Markaryan noted that there are no political problems between Armenia
and Lebanon, Arminfo learnt from the government press service.
Bilateral ties are developing harmoniously and there is a sufficient
legal framework for the development of cooperation, the prime minister
said. He added that the sides have rich cooperation experience within
international organizations and it needs further deepening.
Markaryan noted the need to resume the work of the Armenian-Lebanese
intergovernmental commission which has become less efficient following
the death of former Lebanese Prime Minister Rafik Hariri.
The three joint practical projects signed with Hariri’s participation
remain topical and can be implemented, but certain efforts need to
be made.
During the meeting, the sides discussed prospects for cooperation in
the areas of finance, tourism, agriculture, insurance and culture.
Under agreements reached, the sides will organize Days of Armenian and
Lebanese culture in the two countries. It is planned to open branches
of Lebanese banks and set up joint enterprises in Armenia. A number
of joint Armenian-Lebanese companies are already operating in Armenia.
[Passage omitted: Markaryan thanked Lebanese MPs for recognizing
massacres of Armenians in Ottoman Turkey; Sallukh praised contribution
of ethnic Armenians to the development of Lebanon]
[Arminfo, Yerevan, in Russian 1323 gmt 12 Jul 06 reported that Sallukh
was received by President Robert Kocharyan on 12 July. At the meeting,
they praised the high level of bilateral ties]

Azeri court jails youth activists
Turan news agency
12 Jul 06
Baku, 12 July: Judge Tofiq Pasayev of the Court for Serious Crimes
today passed a sentence on the three leaders of the Yeni Fikir (New
Thought) opposition youth movement.
The court found the leader of the organization, Ruslan Basirli, and
his deputies Ramin Tagiyev and Said Nuri guilty under Article 278 of
the Criminal Code (coup attempt).
Ruslan Basirli was sentenced to seven years’ imprisonment, Ramin
Tagiyev – to four years and Said Nuri to five years’ suspended
imprisonment with a probation period of three years.
Thus, the court recognized the arguments of the prosecution that the
Yeni Fikir movement was intending to seize power in the country by
force. By way of confirmation, the court pointed to the testimony of
a number of witnesses and video recordings.
It is notable that the sentence was read out in the absence of lawyers
who were not invited to the trial. At the same time, the staff of
the court did everything possible to let members of the public and
journalists find out about the sentence as late as possible.
It must be remembered that the trial of Yeni Fikir leaders started
on 31 March 2006. The charges were based on a hidden video tape made
in Tbilisi during Basirli’s meeting with two people, one of whom
was allegedly Armenian. The Armenian gave Basirli 2,000 dollars to
“develop democracy” in Azerbaijan. Later on, this tape was used by
the investigation to accuse Basirli of cooperating with the Armenian
intelligence service.
[Passage omitted: Other details of the investigation]

Did lawyer assist Arturs to lie?
Questions now linger about Ngatia’s role in the Armenian’s saga
By HASSAN KULUNDU
Kenya Times
July 12 2006
In October 2003 when about 20 judges were dismissed from the Judiciary
on allegations of corruption and professional malpractice, it was
held that the purge on the Bench would be incomplete if it was not
extended to the Bar. The reckoning was, for every corrupt judge,
there is at least a corresponding corrupt advocate to complete the
equation. To this end, the Law Society of Kenya was also called upon
to purge its ranks of corruption by smoking out corrupt lawyers.
But commenting on the so-called radical surgery in the Judiciary,
Nairobi lawyer and author of the ‘Black Bar’, Paul Mwangi, said that
corruption would still thrive in Kenya’s judiciary despite the purge
because the legal profession in Kenya is devoid of any philosophical
essence.
Said he: “It means nothing to be an advocate of the High Court of Kenya
apart from having passed a law degree exam and done four months study
at the School of Law. The profession has no sense of ethic and has
not come up to be an integral part of industry, public administration
and social morality.”
It is in view of the foregoing that we wish to analyse the actions of
one Nairobi lawyer, Fred Ngatia, and his relationship with the now
infamous Armenian brothers- Artur Margaryan and Artur Sargasyan. Mr
Ngatia has been named by a witness at the Kiruki commission as among
the people who organised a press conference addressed by the Artur
brothers at the Jomo Kenyatta International Airport’s VIP lounge.
Witnesses at the Commission now say that the press conference was
stage-managed by the Arturs’ handlers to dupe Kenyans into believing
that they had just arrived from Dubai on the morning of the media
briefing. On the contrary, it is said, the two had all along been in
the country.
If that testimony turns out to be true, then the most disturbing
thing would be that a lawyer offered his professional assistance to
dupe Kenyans. God forbid, because the Law Society of Kenya should
be gnawing its teeth over how one of their members could lend his
professional hand to such a misadventure that smacks of a threat to
national security. Before we look further into the role of Fred Ngatia
into this alleged charade, let us glean into the legal profession
itself and the rules of engagement that bind those who administer
it professionally.
The legal profession is the vocation based on the expertness in
the law and its application. This function is manifest in the work
of the advocate and the judge in the process of trying and deciding
cases. A lawyer as counsellor, is also an adviser and negotiator and
may help in shaping a transaction so as to avoid disputes or legal
difficulties or so as to achieve advantages for his client. Since the
Artur brothers have never been on trial in Kenya, it can be assumed
that Fred Ngatia was representing the alleged brothers in other
matters such as avoiding legal difficulties and or achieve certain
advantages for them on the day of the press conference.
In executing his tasks, a lawyer has several loyalties, including
loyalty to his client, to the administration of justice, to the
community, to his associates in practice and to himself. These diverse
and at times competing loyalties must be reconciled with wisdom. It
is the purpose of professional codes of practice to effect this wisdom.
As professionals, the choices and pursuits of lawyers are guided by
certain codes of conduct variably referred to as ‘professional ethics’,
‘legal ethics’ or ‘judicial ethics.’ These in essence are the rules of
conduct and precepts which legal practitioners, advocates or judges,
are required to adhere to in the course of executing the requirements
of their craft as well as extra-professionally while they remain in
the profession. They provide the norms, principles and values in terms
of which lawyers’ ethical conduct is judged in order to protect the
general public against professional misconduct.
The importance of and need for commitment to ethical values is
expressed by providing for sanctions against those who do not conduct
themselves according to the laid down principles. This state of
affairs points to the fact that absolute obedience to the rules of
the profession remains the ideal for pursuance by legal professionals
and an oath is taken as a promise and commitment to remain faithful to
the requirements of the profession. This is enforced by the provision
that, any conduct directed towards non-commitment to professional
values must for that matter face disciplinary action for professional
misconduct or unprofessional conduct.
In this regard, lawyers are required among other codes to represent
clients with utmost diligence and at the same time maintain the
honour and dignity of the profession. In view of these professional
requirements, Articles 2 and 6 of the 1988 edition of the International
Code of Ethics of the International Bar Association holds that,
lawyers shall at all times maintain the honour and dignity of their
profession. They shall in practice as well as in private life abstain
from any behaviour that may tend to discredit the profession of
which they are members, and that lawyers shall without fear defend the
interest of their clients without regard to any unpleasant consequences
to themselves or any person.
In view of the role played by lawyer Fred Ngatia in the press
conference at JKIA addressed by the Artur brothers, the question is,
assuming that Mr Ngatia was representing the legal interests of his
clients, did he know that the Artur brothers were out to dupe the
Kenyan public? If he knew, then this is a clear case of a lawyer
willingly and knowingly lending himself to the perpetuation of
a mischief.
If this was the case, where then was Mr Ngatia’s responsibility as a
lawyer in maintaining the dignity of the legal profession? And could
this be a case of professional misconduct?
This is however not to suggest that the Artur brothers have no right
to a lawyer, their abrasive character notwithstanding. But it is
something else all together when a lawyer willingly and knowingly
lends his professional services in commission of a crime- assuming
that the Arturs indeed stage-managed an arrival from Dubai on the
morning in question.
As it stands out now in view of the information known to the public,
it appears that Mr Ngatia chose to uphold fidelity to his clients’
course without regard to any unpleasant consequences and at the expense
of his loyalty to the Kenyan people. However, so long as it has not
been proved that the Arturs lied about their arrival from Dubai on
the morning in question, Mr Ngatia remains innocent.
But if it is established that they lied about the arrival and that Mr
Fred Ngatia knew about it, then the lawyer should ideally be censured
by the appropriate authority and punished accordingly if convicted
of taking part in the commission of a crime. And here again the Law
Society of Kenya should be wary about those members of the legal
fraternity who engage in improper acts to conceal the consequences
of clandestine activities.

Beseiged Kuria alleges cover-up at inquiry
By EMMANUEL ONYANGO, MAXWELL MASAVA
Kenya Times
July 12 2006
Senior Counsel Gibson Kamau Kuria was yesterday reprimanded by the
Kiruki commission for misusing his presence at the inquiry to push
the agenda of the Armenian brothers through shrewd cross examination
of witnesses.
Kuria who represents Winnie Wangui, daughter of Narc activist Mary
Wambui, was further faulted for wasting the commission’s limited time
frame through his lengthy, and at times digressing cross-examination.
So grave were the accusations against Kuria, that commissioner Ahmed
Isaac Hassan interjected and asked him to clarify on whether he had
been instructed by Artur Margaryan and Artur Sargasyan to represent
them at the inquiry.
Kuria has in previous sessions overtly defended the activities of
the Artur brothers during the infamous security breach at the Jomo
Kenyatta International Airport (JKIA), contending that the duo had been
provoked by the public and Customs officers into drawing out guns. The
lawyer has also been accusing Customs officers who had witnessed the
standoff of making up tales in order to fix the Armenians.
Trouble started in yesterday’s session when Kuria, during
cross-examination, accused Charles Nambale – the Customs officer
assaulted by Artur Margaryan, of being in the payroll of unknown
politicians who had instructed him on what to say.
“I put it to you Nambale, that you are in the payroll of politicians
who have instructed you on what to say. I also put it to you that
you and Ochieng, created this fiction of a person drawing guns at
the airport,” he thundered.
Assisting Counsel Dorcas Oduor immediately interjected to seek for
the commission’s ruling on whether Kuria should be allowed to roam at
large in his cross-examination, or whether he should restrict himself
on matters touching on his client.
Oduor: Honourable commissioners, I don’t wish to interrupt the
cross-examination, but it is an opportune time that Dr Kamau defines
the description of his client. It also time for the commission to
tell us the scope of his cross-examination.
Kuria: As an officer to this commission, I’m trying to assist the
commission to discover the truth. My client has been portrayed to the
public media of being involved with the men who did these things. My
client has been given the opportunity by law to defend her dignity
and I have a duty to clear her name.
Otherwise if cross-examination is not allowed and things remain as
the media has been saying, then even the Assisting Counsel will be
involved in a cover up.
Etemesi (Commissioner): Dr Kuria, I have repeatedly heard you saying
‘My instructions are that the Customs officer refused to prepare
an inventory for the luggage that were seized.’ Are these what your
client told you?
Kuria: One of the witnesses assisting my client (Winnie) has provided
information to the effect that the refusal to have an inventory
prepared is what sparked off the incident.
My client has investigated the matter and has information on what
happened, and it is through cross-examination that we can verify
this information.
Hassan (Commissioner): It would appear, therefore, that if you continue
this way you will be appearing for the Artur bothers. This Commission
has previously had lawyers who have come to represent the brothers
and then vanish. Have you received instructions from the Arturs?
Kuria: I have no instructions from the Arturs. But I have a duty as
an officer of this court to help the Commission to get to the bottom
of this evidence.
Hassan: But you should not misuse your leave to appear before this
commission. You should also not be misused by other people who are
not before this commission.

They are on politicians’ payroll, say lawyers
By MAXWELL MASAVA, EMMANUEL ONYANGO
Kenya Times
July 12 2006
Witnesses credibility queried
LAWYERS appearing for individuals adversely mentioned at the Kiruki
commission yesterday claimed that some witnesses were on the payroll
of unnamed politicians to lie to the commission.
Lawyer Gibson Kamau Kuria appearing for Winnie Wangui yesterday
accused two Kenya Revenue Authority (KRA) officials who appeared to
testify yesterday and Tuesday, of having been ‘paid’ by politicians
to appear and lie to the commission.
Kuria said two senior customs officials attached to Jomo Kenyatta
International Airport had created fictitious stories surrounding the
Arturs’ gun drama at the airport to cover up the truth.
He accused Charles Nambale, a senior revenue official and Nelson
Ochieng of having lied to the commission about the Arturs drawing
out guns at the baggage hall.
Similar sentiments were raised at the commission last week when a
lawyer appearing for suspended CID director, Joseph Kamau, accused
another witness as having been ‘hired’ to give evidence.
Jane Ondieki told the commission that Dominic Opar Owiya, the
security manager at Panari hotel was a “witness on hire” and needed
investigations. The commission later launched investigations into
the claims.
Yesterday, Dr Kuria said that witnesses were lying to the commission
and a failure to seriously cross-examine them would lead to hiding
the truth and hurting those who have been adversely mentioned.
Ondieki appearing for the suspended CID director put Nambale to task
over his age.
She challenged the witness to tell the commission why he had lied
about his age to doctors who treated him after the scuffle.
Nambale, who still claimed to be in pains of June 8 scuffle told
the commission that he had erred by putting his age at 49 when he
visited doctors.
His actual age is 52.
He caused laughter at the hearings when he told the commission that
he was poor in mathematics and would revisit the hospitals to rectify
the anomaly.
Ondieki had sought clarification as to why the commission should
trust evidence of a man who had lied to doctors to get medical forms
and P3 forms.
The witness had a difficult time in explaining how he was injured as
the medical reports indicated that he was bruised on the head and
knee, despite his earlier account where he denied ever having been
punched in the face or suffering injuries in the legs. He told the
commission that the Arturs only pointed a finger in his face and he
never fell on the ground to suffer bruises.
However, the senior customs official who appeared a day after his
junior, Nelson Ochieng, caused light moments at the inquiry when kept
on asking for pain killers to contain the pain he now had to contend
with following the confrontation with the Arturs.
He told the commission that he was willing to sue the Artur brothers
over assault if he was to be facilitated with their true names and
pictures.
“My lords commissioners I may apply that you assist me with their
names and pictures to enable me sue them.”
Medical reports from Nairobi Hospital and Nairobi West Hospital where
he had sought treatment showed he had been treated of severe head
bruises, disjointed hip-joint and a sprained right leg, and that he
had since been on psychotherapy and pain killers.
He at one point requested to be served with a pair of Panadol tablets
to reduce recurring pains from the beatings he received from the
Arturs.
Though contradictory, the witness insisted that so severe was the push
from the Armenian that he dislocated his hip joint in an attempt to
resist the push that would have confined him to “the grave.”
Last week, Ondieki claimed that Owiya who had appeared at the
commission to testify on Arturs’ presence at Panari Sky Centre the
same evening, was a known “witness on hire” who had testified in a
murder case involving businessman, Kamlesh Pattni.

Artur punched customs officer at Airport
By Carol Gakii ( Thursday, July 13, 2006)
Kenya Broadcasting Corporation, Kenya
July 12 2006
The Kiruki commission Wednesday heard how one of the two alleged
Armenian brothers assaulted a senior customs official and drew guns
to scare away a surging crowd at the Jomo Kenyatta international
airport earlier this month.
Charles Nambale told the commission that Artur Margaryan was enraged
when he insisted on retaining the baggage belonging to a passenger
Margaryan was meeting for duty verification on the goods.
He also narrated how Margryan attempted to grab his airport security
badge from him. Margrayan allegedly punched Mr. Nambale as the customs
official wrested back the badge, in the ensuing commotion.
Margaryan let go off the badge, taking off from the baggage hall exit
towards the parking lot.
The officer says he is still under medication following the injuries
sustained from the attack by the foreigner.

Russian minister tells Armenians checkpoint to open in late July
Arminfo
12 Jul 06
Yerevan, 12 July: The Kazbegi – Verkhniy Lars checkpoint on the
Russian-Georgian border, through which Armenia delivers agricultural
cargoes to Russia, will be fully opened in late July 2006, Russian
Transport Minister Igor Levitin told a news conference in Yerevan
today.
He said that when the decision to close Verkhniy Lars for repair was
taken and construction work was being taken, Russia was sure that
the second border crossing, (?Nizhniy Zamarak), which is equipped
with all necessary infrastructure to receive and dispatch cargoes,
was operating. “Therefore, it is incorrect to say that Russia closed
the border,” the minister said.
However, later it emerged that Georgia stopped allowing Armenian
cargoes through this checkpoint, he noted. “We are negotiating
with Georgia so that it temporarily allow Armenian cargoes through
the second border crossing and we will do our best to use it,” the
minister said.
He noted that Armenia was not notified in advance that the checkpoint
was being closed for repairs.
[Mediamax news agency, Yerevan, in Russian 0955 gmt 12 Jul 06 said
that Armenian President Robert Kocharyan and Levitin discussed the
closure of the checkpoint and the latter told Kocharyan that the
reason for the closure was construction work]