Frankfurter Allgemeine, Germany
Feb 11 2005

Reference to genocide to be added
State retracts decision to eliminate notation

11. Februar 2005 F.A.Z. Weekly. The eastern state of Brandenburg has
withdrawn its decision to remove a passage in a history lesson that
refers to the killings of more than 1 million Armenians by the Turks
in the early 20th century.

The state’s premier, Matthias Platzeck, made the announcement on
Tuesday after he met with Armenian representatives in the state
capital of Potsdam. Beginning next school year, the history lesson
for the ninth and 10th grade will once again include a reference to
the killings, but it will also contain other examples of genocide.
Previously, the killings of the Armenians were listed as the only
example.

In explaining the latest decision, Platzeck said it would be wrong to
list just one example of genocide. The view was shared by the state’s
education minister, Holger Rupprecht. In a newspaper last week,
Rupprecht defended the decision. “The reference was removed because I
and the premier consider it to be a mistake to list Armenia as the
sole example of such a controversial subject.”

The issue is an extremely sensitive one between Armenians and Turks.
Armenians say 1.5 million people were killed between 1915 and 1923 as
part of the Ottoman Empire’s campaign to push them from eastern
Turkey. Turkey maintains the Armenians were killed as the empire
fought civil unrest.

As a result, the Social Democrat Platzeck faced pressure from both
the Armenian and the Turkish representatives. The first change was
announced in late January two weeks after Turkish General Counsel
Aydin Durusay raised the issue.

The decision set off a wave of criticism from parties in the state,
including at least one member of the Social Democrats, who demanded
that Platzeck reverse the decision. Sven Petke, the general secretary
of the Christian Democrats in Brandenburg, said the removal of the
passage had hurt the state’s reputation. “It was not the reference to
the genocide on the Armenians that communicated a wrong image. It was
the unjustified removal,” Petke said.

Armenians joined the criticism as well. This protest resulted in
Tuesday’s meeting, which was attended by the Armenian Ambassador
Karine Kazinian. Kazinian expressed her satisfaction with the change.
“The key issue is that that genocide and everything associated with
the things that happened then will be discussed clearly,” she said.

Platzeck denied previous reports that he had bowed to Turkish
pressure and noted that discussions with the Education Ministry had
been conducted months ago.
Brandenburg is the first of Germany’s 16 states to use a textbook
that discusses the subject of genocide in the 20th century.

Trustbuster
by Scott Woolley,

Forbes
Feb 11 2005

A tiny upstart in the cigarette business threatens to topple a
comfortable cartel engineered by big tobacco companies and their
strange bedfellows, the state attorneys general. Big tobacco was
supposed to come under harsh punishment for decades of deception when
it acceded to a tort settlement seven years ago. Philip Morris,
R.J.Reynolds, Lorillard and Brown & Williamson agreed to pay 46
states $206 billion over 25 years. This was their punishment for
burying evidence of cigarettes’ health risks.

But the much-maligned tobacco giants have subtly and shrewdly turned
their penance into a windfall. Using that tort settlement, the big
brands have hampered tiny cut-rate rivals and raised prices with near
impunity. Since the case was settled, the big four have nearly
doubled wholesale cigarette prices from a national average of $1.25 a
pack (not counting excise taxes) in 1998 to $2.10 now. And they have
a potent partner in this scheme: state governments, which have become
addicted to tort-settlement payments, now running at $6 billion a
year.

A key feature of the Big Tobacco-and-state-government cartel: rules
that levy tort-settlement costs on upstart cigarette companies,
companies that were not even in existence when the tort was being
committed. The 1998 scheme came under legal attack almost from the
start. While the cartel has fought off most of these challenges, it
has just taken a palpable hit.

A federal court in New York tossed out a key antidiscounter rule, and
the entire settlement could yet crumble. This is due to the
doggedness of one Jeffrey Uvezian, who sells cheapie cigs under such
brands as Cobra, Boston and Tough Guy, through his company,
International Tobacco Partners. Uvezian has since 2002 been waging an
antitrust attack on the big tobacco companies and their allies in the
state attorneys general offices.

The one academic study to measure the impact of the settlement on Big
Tobacco backs up Uvezian: The deal raised both profits and stock
prices of the big companies. This finding comes from economist Frank
Sloan of Duke University–an institution founded, ironically, with
tobacco money. New York Attorney General Eliot Spitzer’s office
dismisses Uvezian as a dangerous renegade intent on undoing the
“spectacular results” of the 1998 settlement. Spitzer’s deputy
counsel Avi Schick says the settlement is directly responsible for a
17% decline in cigarette consumption since 1997. He rejects Uvezian’s
charge that Big Tobacco has profited from the tort case and calls the
Duke University study so flawed “as to be worthless.”

Regardless, Schick says, the higher prices and lower sales “directly
translates into tens of thousands of longer, better and healthier
lives.” “It is very common for vice to masquerade as virtue,” Uvezian
retorts. He stole that line from U.S. Judge Dennis Jacobs of the
Second Circuit Court of Appeals in NewYork, who made the observation
in a hearing related to Uvezian’s case earlier this month.

A second zinger came after a deputy attorney general for New York
declared that to believe the states had sold out to Big Tobacco, you
would have to assume that 46 attorneys general are liars. “That’s
tempting,” Judge Guido Calabresi shot back. “It may be that when the
states were offered a stake in a monopoly, they took it.” In getting
the four cigarette titans to agree to pay the states princely sums,
which would require price increases, the states agreed to help the
big brands avoid getting undersold by discounters. They did so by
requiring even new off-price brands to pay roughly the same level of
fees (now about 40 cents a pack). The states were disarmingly
transparent about their intent: to “fully neutralize” the competitive
advantage of the discounters, the settlement says.

The settlement took hold in November 1998, and the giants instantly
raised prices by 45 cents a pack–this at a time when Marlboros
retailed for about two bucks a pack. That was enough to cover
payments to the states and then some, but the big brands continued
with a spree of price hikes–up 18 cents a pack the next year, then
up 19 cents the year after that. The incessant price hikes created an
opening for discounters, who spotted and then exploited a loophole in
the fee rules.

The settlement let them get refunds from states where they didn’t do
business, so a newcomer who sold cigarettes only in, say, Virginia
would get back 98% of the state-imposed fees. And so a flood of new
cut-rate brands popped up, including a handful of upstarts from
Jeffrey Uvezian. The son of a well-known cigarmaker, he previously
was running a cigar factory in the Dominican Republic and had begun
importing cheap smokes from Armenia, his ancestral homeland.

Discounters sold less than 1% of the cigarettes in the U.S. in 1997,
garnering a tiny share of the $49 billion smokers spent. The
discounters hiked their take to 8% in 2003 and cost the states a
cumulative $600 million in payments they otherwise would have
received. William Sorrell, attorney general for Vermont, who was
overseeing the settlement, urged state legislators to close the
loophole by passing a new law to eliminate any refunds. In a
confidential memo to fellow attorneys general, he noted that all
states have an interest in reducing the sales of discount brands.

So far 39 states have passed this measure, requiring all discounters
to pay the full fees even if they operate in only a few states. After
Indiana passed the law, Uvezian was forced to hike his prices by 50%.
His monthly sales in the state dropped from 20,000 packs to 11,600.
Four months later he abandoned the state altogether. In August the
nation’s biggest discounter, General Tobacco, capitulated and joined
in the settlement, agreeing to pay $1.7 billion to the states over
the next ten years even though it had no part in the cancer coverup.

Uvezian hired a venerable antitrust lawyer, David Dobbins, 76, and in
early 2002 sued in federal court to overturn the new law in NewYork
State and derail the settlement itself. Dobbins says that in 50 years
as a lawyer he had never seen a cartel so brazen: “If you’re an
experienced antitrust lawyer, this case just blows your mind.”

Dobbins previously had sued to challenge the settlement, representing
two tiny wholesalers in a federal lawsuit against the big brands
filed in western Pennsylvania. The case was thrown out. Then the
Third Circuit Court of Appeals in Philadelphia took on the matter.In
June 2001 it declared that while “it is clear” the accord “empowers
the tobacco companies to make anticompetitive decisions with no
regulatory oversight by the states,” the settlement was immune from
antitrust laws.

Dobbins and his new client, Uvezian, similarly lost the first round
in their case in early 2002, when a federal District Court judge in
New York rejected it. They filed an appeal to the Second Circuit in
New York, argued the case in August 2002–and won a surprising ruling
in their favor in January 2004. The decision let Uvezian pursue his
lawsuit on antitrust grounds, returning the case to federal trial
court in New York.

Then last October the trial judge issued a split decision:He sided
with Uvezian and enjoined the New York State law that eliminated the
discounter refunds. “The state has failed to elicit any justification
whatsoever for its passage,” the judge said. The refund ruling was a
landmark, the first settlement-related rule ever to be knocked down
by a court.

Related challenges are under way in Kentucky, Tennessee and Idaho,
filed by other cheapie-cig sellers. So far an Oklahoma judge has
sided with the challengers while a Louisiana judge went with the
states. Spitzer’s deputy warned that the ruling “will flood New York
with cheap cigarettes.” Dobbins responds that New York is perfectly
free to levy a straightforward excise tax on all cigarette makers–it
just can’t get away with participating in a cartel.

But the judge refused to touch any of the settlement’s other
protections. So now Uvezian and his lawyer are back at the Second
Circuit Court of Appeals, imploring a panel of judges to go even
further and declare the deal a violation of federal antitrust law.
The appeals judges bombarded Dobbins with procedural challenges in
the hearing earlier this month, but also showed deep concern about
what Dobbins says the $200 billion state settlement has wrought–a
cozy oligopoly protected by state governments eager for tobacco cash.
As U.S. Judge Jacobs put it:”This may be one of the most successful
cartels ever.”

From: Emil Lazarian | Ararat NewsPress

Armenian paper cautions “Orange avengers”

The Messenger, Georgia
Feb 11 2005

The Armenian newspaper Aravot (Morning) reports that the government
of Ukraine headed by Victor Yanukovich and Nikolai Azarov decreed
that the ex-president Leonid Kuchma could receive a lifelong pension.
According to the document, the ex-president was set to receive other
perks as well. According to the paper, the Supreme Rada MPs have
supported the request of the future Prime Minister Yulia Timoshenko
to abolish the order regarding the lifelong perks and bodyguard of
the ex-president.

But this is not all, the paper states. Kuchma can find himself behind
bars soon because the Ukrainian parliament also supported a demand
for the arrest of the ex-president.

MPs intend to arrest Kuchma for undisclosed crimes committed during his
tenure. Rumors indicate the MPs are looking into the disappearance
of the journalist Giorgi Gongadze and the beating of Alexander
Yeliashkevich, who fled to the United States and later received
political asylum there.

Both events took place in 2000, and although the opposition, which
is now in power, always accused Kuchma of the murder and beating,
there remains a lack of solid evidence to prove this. In addition,
the former president is accused of illegal use of special technical
means to gather information in exchange for major bribes.

“It is still unknown whether or not Ukrainians will arrest Kuchma.
But it is already known that the General Prosecutor of Ukraine
Sviatoslav Piskun, to whom parliament’s demand was sent, was
dismissed from his position because of Kuchma in 2003. It is known
as well that Yulia Timoshenko was even arrested during the Kuchma
government. However, as it is known, such people are eager to get
back at their offenders,” the paper writes.

Aravot advises that it is rather wise to resist temptation and leave
the ex-president alone to calmly continue his life. “All-knowing Putin
behaved himself in such a way. He did not even allow ex-president of
Russia Yeltsin to be offended when Russian MPs also wanted to get
back at him. Putin did this not only to secure of his own position
after the resignation,” the paper stressed.

The paper stated that if all ex-presidents are arrested soon after
they step down, then only a “fool” would agree to leave his post.
“They will probably declare themselves as lifelong president!” the
paper states. “Now choose yourself what is better for our state: to
have a lifelong president of Armenia Kocharyan without any hope for
democratic change or Kocharyan as well, but on a perpetual pension?”
the paper asks.

GUL MEETS WITH AZERBAIJAN FOREIGN MINISTER

Turkish Press, Turkey
Feb 11 2005

Foreign Minister Abdullah Gul yesterday met with his visiting Azeri
counterpart Elmar Mammedyarov in Ankara. The Azerbaijan-Armenian
dispute over the latter’s occupation of upper Karabakh dominated the
two top diplomats’ talks. Gul pledged that the Turkish-Armenian border
gate would remain closed until Armenia ends its occupation, adding,
“Our bilateral ties with Armenia can be normalized when the occupation
ends.” Bilateral economic relations, including energy ventures, were
also taken up. In addition, Gul sought Baku’s backing for ending the
Turkish Republic of Northern Cyprus’ (TRNC) international isolation. He
urged Mammedyarov to become a model for other countries to take steps
towards that end. /Star/

Azeri ombudsman slams Armenian plans to set up similar body in Karabakh

ANS TV, Baku
10 Feb 05

[Presenter] Azerbaijan denounces the separatist regime’s plans to set
up an institution of ombudsman in Nagornyy Karabakh and does not view
as expedient the opening of two similar institutions in one country
[as Nagornyy Karabakh is part of Azerbaijan], Azerbaijani ombudsman
Elmira Suleymanova has said. She was also negative about another
proposal by the Armenian side.

[Correspondent, over archive footage of Armenian ombudsman Larisa
Alaverdyan] Armenian ombudsman Larisa Alaverdyan has appealed to
her Azerbaijani counterpart, Elmira Suleymanova. In her appeal, the
Armenian ombudsman demanded compensation for the Armenians that have
left Azerbaijan [in 1990].

[Suleymanova, speaking to microphone] I do not want to discuss the
issue with her. She serves her own policy [as heard, presumably her
country’s policy]. She turned to us over compensation. Alaverdyan
herself has left Azerbaijan for Armenia as well. She knows very
well that Armenians have sold all their houses and property in
Azerbaijan. They turned them into gold and money and took with
themselves. They raise the compensation issue now. The Armenian
ombudsman appealed to me a few days ago, but I am not going to answer
her because she seeks a pretext for a correspondence.

[Correspondent] In fact, Suleymanova is more interested in compensation
than her Armenian counterpart because Suleymanova is more realistic
about the protection of rights of about 1m [Azerbaijani] refugees
and displaced persons given an attitude to Azerbaijan’s just cause
in the international public opinion [as heard].

There is another interesting issue. It has been decided to establish
an institution of ombudsman in the so-called Nagornyy Karabakh
Republic. However, Suleymanova considers there is no need for this.

[Suleymanova] An ombudsman in every country is to protect the rights
of citizens and foreign citizens in their countries. Everybody and
the world know and accept that Nagornyy Karabakh is Azerbaijan’s
integral part and it would be more correct if its people turn to the
Azerbaijani ombudsman with their problems.

[Correspondent] Suleymanova, who described as illegitimate the
establishment of a certain body in the illegitimate republic, is
going to turn to international bodies over the problem.

[Passage omitted: more about institution of ombudsman]

The latest steps taken or to be taken by the Armenians, whose activity
grew after the visit by the OSCE’s fact-finding mission to Nagornyy
Karabakh [to monitor whether ethnic Armenians have been resettled
in Nagornyy Karabakh], promise nothing good for the talks on the
settlement of the conflict.

Eldaniz Valiyev, Ramin Yaqubov for ANS.

From: Emil Lazarian | Ararat NewsPress

EU FOLLOWS ACTIVATION OF PROCESS OF PEACEFUL SETTLEMENT OF KARABAKH CONFLICT

YEREVAN, FEBRUARY 11. ARMINFO. At present EU follows the activation
of the process of peaceful settlement of the conflict awaiting its
final resolution. EU Special Representative on the South Caucasus
Heikki Talvitie said at a press conference, Thursday, Azerbaijani
Mass Media reports.

He said that EU attentively followed the negotiation process. He said
despite some lull in the negotiations after the meeting in Astana, the
situation again went right, but there were still some issues subject
to solution. As regards the EU’s role in the Karabakh conflict’s
resolution, Talvitie said that he could just bring the position of
the organization. He pointed out that the staff of OSCE MG mediating
between the conflicting parties was effective being represented
by the USA, France and Russia. <EU contributes to the attempts to
settle the conflict. We believe in the conflict’s resolution and the
EU will further participate in the formation of peacemaking forces
which will arrive in the region,> he said. He noted that the EU could
contribute to restoration and reconstruction of the territories after
their release.

From: Emil Lazarian | Ararat NewsPress

STEPANAKERT-BASED OFFICE OF ICRC CONTINUES RESTORATION OF
MEDICAL INSTITUTIONS OF NAGORNY KARABAKH

STEPANAKERT, FEBRUARY 11. ARMINFO. Stepanakert-based office of the
International Committee of the Red Cross continues the restoration of
medical institutions of Nagorny Karabakh, at the same time providing
them with medicines and rendering professional assistance.

ARMINFO’s own correspondent in Stepanakert informs, according to
the head of Stepanakert-based office of ICRC, the organization also
provides material aid to the families of the missing, needy categories
of the populations, old people. 40 playing-grounds for children
are built under the project “Construction of safe playing-grounds”,
which ICRC is implementing jointly with the Red Cross of Norway.

INFORMATION SPREAD BY AZERBAIJANI MASS MEDIA ON VIOLATION OF CEASE-FIRE
REGIME BY ARMENIA DOES NOT CORRESPOND TO REALITY

YEREVAN, FEBRUARY 11. ARMINFO. Information by the Azerbaijani party
on alleged fires by NKR and Armenian armed forces at the Azerbaijani
positions is spread to present Karabakh as a violator of cease-fire
regime. Such were the comments of the press service of the NKR Defense
Ministry to ARMINFO on a regular publication by Day.az on alleged
violation of cease-fire regime by Armenia.

The Karabakh party adheres to the cease-fire agreements and is
interested in stability and durable peace in the conflict zone,
the press service reports.

To note the above publication by Day.az was as follows: “Armenians
fired at the Azerbaijani positions in directions of the village
of Shikhlar, Aghdam region. As a result, a private Bekirov Shamil
Mashallah oghlu was wounded.” Head of the press service of Azerbaijani
Defense Ministry Ramiz Melikov says that soldier is in hospital and
his life is endangered.

KARABAKH PROBLEM WILL UNDOUBTEDLY BE RESOLVED ON THE BASIS
OF POLITICAL COMPROMISES: DEFENSE MINISTER OF ARMENIA SERGE SARGSYAN

YEREVAN, FEBRUARY 11. ARMINFO. The Karabakh problem will undoubtedly
be resolved on the basis of political compromises, Secretary of the
Presidential National Security Council, Defense Minister of Armenia
Serge Sargsyan says in response to the questions of the readers of
“Yerkir” newspaper.

He says that there are no doubts that the Armenian party did not
pursue a goal of increase the territories of Armenia or Nagorny
Karabakh when establishing the security zone in the course of 1992-94
military actions. If yielding the security zone would bring safer
conditions for Karabakh people, this topic is subject to discussion.
But, if the point is voluntary yielding of the zone without additional
guarantees for Nagorny Karabakh, <I a subject for discussion,> he says.

DRAFT AGREEMENT WITH CANADIAN CORPORATION INDUSMIN ENERGY
ON GEOLOGICAL PROSPECTING OF OIL AND GAS UNDER PREPARATION

YEREVAN, FEBRUARY 11. ARMINFO. In late February Armenia’s Energy
Ministry will approve a draft agreement with the Canadian corporation
“Indusmin Energy” on conducting geological prospecting of oil and gas
in Armenia, says the RA government’s program for 2005. Then the draft
will be submitted for government’s approval.

As energy minister Armen Movsesyan informed journalists earlier, by
prior arrangement Industium Energy is ready to invest $10 mln in oil
and gas prospecting in Armenia. The funds, in particular, will be
invested to geological survey of gas in the Armavir region. Minister
noted that Armenia’s gas resources are not enough for commercial
production but are important for the country. He added that oil and
gas prospecting was conducted in the Soviet time but were not
completed because of lack of funds. -R-