BY HARUT SASSOUNIAN
The European Court of Human Rights issued last week a critical Armenian Genocide-related ruling in the case of Dogu Perincek vs. Switzerland.
Perincek, the leader of a minor Turkish political party, had traveled to Switzerland in 2005 with the intention of daring the Swiss authorities to punish him for denying the Armenian Genocide. He brazenly called the Armenian Genocide an “international lie.”
In response to a criminal complaint filed by the Switzerland-Armenia Association, Perincek was tried and fined for racial discrimination by the Lausanne Police Court in March 2007. A Swiss Appeals Court confirmed his sentence, ruling that he had violated Article 261bis of the Criminal Code. The National Council (parliament) of Switzerland had already recognized the Armenian Genocide in 2003. Perincek then appealed his case to the Federal Tribunal, the highest court in Switzerland, which reconfirmed his sentence.
On June 10, 2008, Perincek appealed his sentence to the European Court of Human Rights in Strasbourg, claiming that many of his rights, including freedom of expression, were violated by the Swiss courts. He demanded a compensation of 140,000 euros for moral and financial damages, and court expenses.
On Dec. 17, 2013, the European Court dismissed most of Perincek’s claims (Articles 6, 7, 14, 17, 18 of the European Convention) and rejected his demand for compensation. However, five out of the seven Judges ruled that Switzerland had violated Perincek’s right to free expression (Article 10).
This was a highly unusual ruling since freedom of expression is not an absolute right in European jurisprudence. Many European states impose restrictions on free speech, including imprisonment for denying the Holocaust. Punishing Holocaust denial, while condoning rejection of the Armenian Genocide, is an unacceptable double standard. Either denial of both genocides should be outlawed or neither.
The European Court’s 80-page ruling was not easy to read, not only because it was in French, but more importantly, the five Judges who ruled in Perincek’s favor misinterpreted almost all issues. A whole book could be written to rebut their countless factual mistakes. The Judges misrepresented Perincek’s allegations, Swiss laws and court rulings, facts of the Armenian Genocide and its international recognition, while repeatedly contradicting themselves. To make matters worse, the four-page press release issued by the Registrar of the Court last week further distorted the Court’s verdict, thereby completely confusing the international media about the details of case.
The five Judges who endorsed Perincek’s false accusations were: Guido Raimondi (Italy), Peer Lorenzen (Denmark), Dragoljub Popovic (Serbia), Andras Sajo (Hungary), and Helen Keller (Switzerland). The opposing Judges were: Nebojsa Vucinic (Montenegro) and Paulo Pinto de Albuquerque (Portugal). In a seven-page addendum to the verdict, Judges Raimondi and Sajo contradicted themselves again, while making excuses for ruling in Perincek’s favor. Having raised questions about the veracity of “the Armenian massacres,” after claiming that their task is not to assess the facts of the genocide, the two concurring Judges assert that the destruction of the Armenian people was government-sponsored, thereby acknowledging its genocidal nature. Yet they insisted on referring to the Armenian Genocide as “Mets Yegherrn” (sic) which they translate as “the Grand Crime.” Dissenting Judges Vucinic and Pinto de Albuquerque, on the other hand, attached to the verdict their 19-page well-researched comprehensive report on the Armenian Genocide. This valuable study should be translated into several major languages and disseminated worldwide.
More urgently, Armenian government officials and major diaspora organizations have asked the Swiss government to appeal the European Court’s fallacious verdict to its 17-judge Grand Chamber before the 90-day deadline. Armenia’s Diaspora Minister Hranush Hakobyan has called on Armenians worldwide to protest the Court’s verdict by contacting their governments and sending letters of complaint to the Court. The Armenian National Committee in Europe pledged to take all necessary measures to object to the Court’s ruling, urging Switzerland to file an appeal.
If left unchallenged, the European Court’s ruling would have a chilling effect not only on efforts to criminalize denial of the Armenian Genocide in other European countries, particularly France, but more importantly, on the forthcoming Centennial of the Genocide. The Court’s verdict, as it stands, is an endorsement of the denialist stance of both Turkey and Perincek, who is currently serving a life sentence in a Turkish jail for engaging in criminal activity! Turkey had directly intervened in this case by submitting extensive testimony to the European Court. The Turkish Foreign Ministry issued a bold statement shamelessly applauding the Court’s verdict and boasting about its support for freedom of expression! Under Article 301 of Turkish Penal Code, telling the truth about the Armenian Genocide is a crime, while in Switzerland lying about the Genocide is an offense!
For the sake of truth and justice, it is imperative that the Swiss government appeal the Court’s verdict and not succumb to Turkish political and economic pressures.
Anti-Santa campaigns heat up in Turkey as Christmas arrives
ISTANBUL
A Muslim youth group and a neighborhood authority led two separate anti-Santa campaigns on the eve of Christmas in Turkey.
The Istanbul University branch of a group called Anatolia Youth Association (AGD) released an illustration of a Muslim youth punching Santa Claus in the face and announced that it would make a press statement against Christmas on Dec. 26 in Istanbul.
The group announced the event with a statement titled “Muslim, return to yourself!” adding that “Christmas is a Christianity practice.” The group also criticized the celebration of New Year’s Day, saying that the two dates were “mixed” and “united.” It claimed that celebrating Christmas and New Year’s Day was “wrong” and constituted “a blow dealt to Muslimism.”
Earlier this week, the Şirinevler muhtar, the head of the neighborhood, hung a banner making it clear that Santa Claus was not welcome on their streets.
“As in recent years, Santa Claus will not be coming to Şirinevler since he is nothing to do with our traditions and our culture,” muhtar Galip Karayiğit said in the statement. “[Turk legend character] Dede Korkut will come to our houses again, and will teach our children that they did not come into this world for pleasure, that they came to distribute justice.”
Turkish academia and the Armenian genocide
By: Orhan Kemal Cengiz
Thousands of master’s theses and Ph.D. dissertations in the social sciences are written each year in Turkey. The Higher Education Board (YOK) keeps an electronic database of their topics and titles. A search in the database of dissertations on the Armenian genocide returns a striking result: Only four theses have been written on the issue and, as their titles immediately suggest, they all reflect Turkey’s official position on the massacres.
The four titles are as follows: “Armenian genocide claims in view of international law,” “The importance of pressure groups, lobby activities within the context of the so-called Armenian genocide,” “Turkish-Armenian relations in history and the impact of Armenian genocide claims on Turkey’s European Union membership process” and “Armenian genocide claims in international law.”
That is all Turkish universities have been able to produce in terms of theses on the topic of the Armenian genocide. How is this possible? Are there no academics willing to write dissertations contesting Turkey’s official history line and argue, for instance, that the 1915 events were a genocide? Or is there a state mechanism in place that doesn’t leave it up to chance?
A Dec. 12 report in the bilingual Turkish-Armenian weekly Agos reveals that academics working on dissertations about the Armenian genocide are under the close scrutiny of the Turkish Historical Society (TTK). According to Agos, the TTK has asked YOK for the details of academics studying the Armenian issue and the YOK chairman, in turn, has asked universities to provide that information. A document Agos published indicates that the YOK chairman had asked universities to supply “the names of master’s and doctoral students working on the Armenian problem, the titles of their researches and contact information, in view of making them available to the Turkish Historical Society in the work it conducts.”
As I mentioned in my previous article for Al-Monitor, various government institutions in Turkey are busy making counter preparations for 2015, the 100th anniversary of the Armenian genocide. The TTK is one of them. The society is likely to have requested the said information from YOK with a view of using it in those preparations.
When Agos asked the TTK why they needed that information, a TTK official stated that scholarships might be offered to academics working in this realm. Agos then asked whether the TTK would give a scholarship to someone whose thesis qualifies the 1915 events as genocide. The official responded that, since the TTK does not officially recognize the Armenian genocide, providing a scholarship to such a study might not be possible.
Agos argues that the TTK’s real motive is to control the academia and keep records of those working on the Armenian problem.
A subsequent report in the Taraf daily backed up Agos’ argument that those studying the Armenian genocide are being secretly profiled. Two former presidents of Istanbul’s Bogazici University, interviewed by Taraf, shed light on how the censorship mechanism works in the academia.
Ustun Erguder confirmed he had received letters from YOK with requests for information. “During my term as university president, YOK would send such letters, but we would dismiss them as [those requests] had nothing to do with our understanding of academic freedom. That’s something that has been done for years. We had even received letters suggesting we made sure that theses ‘supporting Turkish unity’ were written. … It is out of the question for me to approve of YOK requests seeking out the names and details of those writing theses on the Armenian problem,” Erguder said.
Another former Bogazici University president, Ayse Soysal, made the following comments: “I used to receive similar letters from YOK, while I was university president. It was routine. Two types of letters would come from YOK. One would be in the form of [suggestions] that we support studies backing the state’s official view on subject X or subject Y.”
The insight the two former presidents provide on how the system functions explains why only four dissertations have been written on the Armenian genocide and why all happen to be in line with Turkey’s official view.
In another article for Al-Monitor, I had written also about how Turkey’s non-Muslims’ birth registries were marked with secret codes and how the non-Muslims could not become army officers, judges or policemen. And this latest example — the lack of even one academic thesis contesting Turkey’s official position on the Armenian problem — is another indication that certain taboo realms are besieged by unwritten but stern rules.
True, the Armenian taboo has been broken in Turkish civil society and intellectual life. Yet, it continues to exist in this or that form in the “official” realm. Thanks to the exposure of practices such as the TTK request for information about academics studying the Armenian problem, we are getting clues on how Turkey’s official theses are being produced and sustained.
No doubt, the exposed practices represent only part of the whole picture. To understand fully why, how and in what atmosphere Turkey’s official theses remain intact, the known pieces need to be brought together with the pieces that remain beyond our knowledge. Only then will we be able to know how Turkey’s official history theses are able to survive unchanged.
Orhan Kemal Cengiz is a human rights lawyer, columnist and former president of the Human Rights Agenda Association, a Turkish NGO that works on human rights issues ranging from the prevention of torture to the rights of the mentally disabled. Since 2002, Cengiz has been the lawyer for the Alliance of Turkish Protestant Churches.
Source: al-monitor.com
ICRC warns of dire humanitarian situation in Syria
The International Committee of the Red Cross has warned over Syria’s escalating humanitarian crisis, urging both sides involved to allow humanitarian assistance to reach besieged areas.
ICRC Chief Magne Barth said in a statement on Sunday that half a million people have been wounded across Syria, many of whom lack access to basic healthcare and treatment, AFP reported.
He also said that millions of Syrians have also been internally displaced and tens of thousands detained.
“At least half a million people have been wounded across the country and millions remain displaced and tens of thousands detained,” Barth said.
“The wounded are often not cared for properly and the chronically ill often do not receive the treatment they need,” ICRC chief added.
Barth’s remarks come a day after the UN World Food Program (WFP) said that half of Syria’s population of around 23 million is “food insecure” and nearly a third needs urgent assistance.
“Recent assessments show that almost half the population inside Syria is food insecure and close to 6.3 million people need urgent, life-saving, food assistance,” WFP said in a statement on Monday.
The ICRC said a harsh winter that hit the region earlier than expected this year has added to the “misery” of millions of Syrians displaced inside the country and those in refugee camps in neighboring countries.
Syria has been gripped by deadly unrest since March 2011. According to reports, Western powers and their regional allies — especially Qatar, Saudi Arabia, and Turkey — are supporting the militants operating inside Syria.
According to the United Nations, more than 100,000 people have been killed and a total of 7.8 million of others displaced due to the violence.
Journalists banned from entering police stations across Turkey
Journalists will no longer be allowed to enter police departments, a statement released from the Turkish police has said.
“Members of the press will not be allowed to the Police Departments all over Turkey as of Dec. 22, 2013,” a statement read. “Journalists will be invited in the event of a press statement or such development. We ask press members who use the press rooms at the Vatan and Gayrettepe Police Departments [in Istanbul] to return their keys and entrance cards.”
The move came amid a reshuffle in the police organization that saw more than 100 police chiefs being removed from their posts, which followed a gripping graft investigation. Two sons of ministers have been arrested as part of the probe.
December/22/2013
Turkish PM Erdoğan implies to expel US ambassador (Today Zaman report)
Turkish Prime Minister Recep Tayyip Erdoğan address to his supporters in Black Sea province of Samsun. (Photo: İHA)
According to a report appeared on the pro-government Yenişafak daily, the US Ambassador Francis Ricciardone told EU ambassadors in Ankara in a meeting on Dec. 17, the beginning of the graft probe, that the US had asked Turkey to cut Halkbank’s financial ties with Iran.
“We requested end of financial ties of Halkbank with Iran. But they didn’t listen. You are watching collapse of an empire [Turkey],” said Ricciardone, according to the Yenişafak report, regarding the ongoing investigation into alleged bribery and tender rigging.
Speaking at a rally in northern province of Samsun on Saturday, Erdoğan again struck a defiant tone, adamantly rejected any wrongdoing, deeming the corruption case as an international plot to weaken Turkey’s growing economic and diplomatic clout, and topple the Justice and Development Party (AK Party) government.
“These recent days, very strangely, ambassadors get involved in some provocative acts. I am calling on them from here, do your job, if you leave your area of duty, this could extend into our government’s area of jurisdiction. We do not have to keep you [Ricciardone] in our country,” Erdogan told supporters in the Black Sea province of Samsun, implying to expel US ambassador.
The US Embassy to Turkey has denied any role in the investigation. “All allegations in news stories are downright lies and slander,” it said in a statement.
The statement said massive corruption probe in Turkey has nothing to do with the United States, denying reports appeared in pro-government dailies. He warned that nobody should put Turkish-US ties at jeopardy with such false claims.
The Embassy also denied existence of such a meeting between Ricciardone and EU ministers in Ankara on Dec. 17.
Erdoğan’s remarks would likely to fuel tension between two allies amid ongoing corruption investigation.
While Erdoğan slammed the US ambassador in an indirect manner, Turkish foreign ministry said that Ankara it regards the statement released by the US Embassy, which denies allegations of issuing remarks on graft probe, as satisfactory.
A number of western diplomats in Ankara who spoke to Today’s Zaman categorically denied claims that such a meeting took place on Dec. 17, rejecting any gathering.
AK Party spokesman Hüseyin Çelik made a similar statement with the Foreign Ministry, saying that “we have to trust on the statement [of the US ambassador].”
Two sons of Turkish ministers and an Iranian-Azerbaijani businessman Reza Zerrab are among 24 suspects arrested as part of an investigation into a bribery and fraud ring that has rocked Turkey since Tuesday.
Son of Economy Minister Zafer Çağlayan, Kaan Çağlayan, and son of Interior Minister, Barış Güler, as well as Halkbank General Director Süleyman Aslan and Zerrab are among 16 people arrested early on Friday. Eight people were arrested late on Thursday.
On Thursday, 49 suspects, including Fatih district mayor Mustafa Demir and Güler, were referred to court for arrest.
The suspects are accused of rigging state tenders, accepting and facilitating the payment of bribes for major urbanization projects, obtaining construction permits for protected areas in exchange for money, helping foreigners obtain Turkish citizenship with falsified documentation, involvement in export fraud, forging documents and smuggling gold. There are also claims that the suspects illegally sold historical artifacts that were unearthed during excavations for the Marmaray underwater rail project that connects Europe and Asia.
NEW YORK: $2.9 Million Raised at Children Of Armenia Fund Gala
Host Victor Garber, Emcee Andrea Martin, COAF Founder Garo Armen, Auctioneer Aileen Agopian (Photo by Diran Jebejian)
Victor Garber and Andrea Martin host COAF’s successful 10th Annual Holiday Gala
NEW YORK—The Children of Armenia Fund (COAF), a non-profit organization working to improve the living conditions for village children in Armenia, hosted its Tenth Annual Holiday Gala on Friday, December 13, 2013 at Cipriani 42nd Street in Manhattan, New York. The event was a resounding success as more than 400 longtime friends and supporters gathered together for an unforgettable evening, and raised nearly $3 million to support COAF’s community-led programs. Special guests in attendance included Michael Aram, Patricia Field, Kerry Butler, and Benjamin McKenzie.
For the seventh year in a row, Emmy and Tony Award winning actress Andrea Martin entertained guests throughout the evening as the Master of Ceremonies. Of Armenian descent herself, Ms. Martin is a longtime advocate of COAF’s work. She is best known for her work on Broadway and roles in the films Wag the Dog and My Big Fat Greek Wedding. She received her second Tony Award this year for her role in the critically-acclaimed show Pippin.
Award-winning film and television actor Victor Garber served as the Honorary Chair for the evening. Mr. Garber’s introduction to COAF was at the 2011 Gala, where he was awarded with the COAF Humanitarian Award. Since then he has shown steadfast commitment to the organization. He is best known for his role in major motion pictures such as Titanic, Milk, and Argo.
Guest speakers of the evening included bestselling author Chris Bohjalian and internationally-renowned photographer Scout Tufankjian. A true highlight of the evening was the children who traveled to New York from Armenia to showcase their extraordinary musical talents. Additionally, COAF welcomed back Anahit who spoke at COAF’s 2012 Gala. This time she was accompanied by Nerses, another of student from Lernagog. Together, they expressed their deep appreciation for having COAF help their great aspirations become realities.
In addition to the performances by the talented children, Kerry Butler serenaded the crowd with a rendition of “It’s a Small World/God Bless the Outcasts”. So You Think You Can Dance finalist Paul Karmiriyan electrified the dance floor with his dance partner and closed out the formal dinner, and sparked the after-party which lasted past midnight.
The event featured a high-tech silent auction using BidTech’s iPads and a live auction conducted by Sotheby’s celebrity auctioneer Aileen Agopian. The money raised from these auctions will jumpstart COAF’s expansion into 100 new villages in the next 10 years.
The Children of Armenia Fund is an independent, nonprofit, nongovernmental (501)(c)(3) organization. COAF works to secure a future for children in Armenia’s impoverished rural villages through improved education, health care, community life and economic conditions. At their core, our programs create and sustain opportunities for growth and progress.
Turkish EU Minister Egemen Bağış name is also being cited in news reports as being involved in a large bribery scandal, including allegations that he facilitated the issuing of Turkish citizenship and passports for gang members.
ANKARA
EU Minister Egemen Bağış has become the first minister to issue a public statement on his involvement as a suspect in the massive corruption probe, strongly refuting the charges and denouncing alleged efforts to “build a parallel state within the state.”
“In recent days, in print and visual media and on the Internet, a series of news stories and comments regarding the ongoing investigation in Istanbul are being made. Accusatory and slanderous assessment are being made about myself,” Bağış said in a written statement issued on the evening of Dec. 20.
“Irresponsible reporting being made within this framework is completely based on misleading and speculative information. These scenarios are being deliberately produced and are completely false … and are part of an outrageous conspiracy,” he added.
The sons of three members of the Cabinet – Interior Minister Muammer Güler, Economy Minister Zafer Çağlayan and Environment and Urban Planning Minister Erdoğan Bayraktar – have been detained as part of the investigation. Bağış’s name is also being cited in news reports as being involved in a large bribery scandal, including allegations that he facilitated the issuing of Turkish citizenship and passports for gang members.
“Those who have been instrumental in smear campaigns of organizations, and gangs that have been exerting efforts to build a parallel state within the state, have become evident in terms of both execution without trial and assassination of personality,” was the phrase used by Bağış in describing the alleged circles behind the operation targeting the government.
The term “parallel state” is commonly used by critics of the followers of the U.S.-based Islamic scholar Fethullah Gülen, many of whom have been employed in the judicial and security bureaucracy.
Bağış said those who are instrumental in these circles are committing a “big crime,” adding that he had initiated legal processes against those who “reflect nonsense, and who claim to have found evidence for these denigrations in a way that would lead to a judgment [of me].”
Source: Hürriyet Daily News
December/20/2013
New photo of jailed PKK leader stirs social media
The PKK leader Abdullah Öcalan (L) is seen with his beard whitened, sitting around a table with the Peace and Democracy Party (BDP) lawmakers Pervin Buldan (R) and BDP co-chair Selahattin Demirtaş (C) during one of the BDP delegation’s visits to İmralı Island. Photo posted on Twitter
A photo showing the jailed leader of the outlawed Kurdistan Workers’ Party (PKK) was posted Dec. 20 on Twitter and quickly spread via social networks.
In the photo, the PKK leader Abdullah Öcalan is seen with his beard whitened, sitting around a table with the Peace and Democracy Party (BDP) lawmakers Pervin Buldan and BDP co-chair Selahattin Demirtaş during one of the BDP delegation’s visits to İmralı Island, where Öcalan is serving his life sentence.
Buldan has confirmed the authenticity of the photo, while noting that her party did not release the photo.
“The photo is real. This is our workplace at the [İmralı] Island. But it is not one of the photos taken by us. We did not spread it,” she said.
Öcalan’s current physical appearance has not been made public for some time due to the high security measures taken for his family and the BDP delegates’ visits to the Island.
December/20/2013
N.S.A. Dragnet Included Allies, Aid Groups and Business Elite
Secret documents reveal more than 1,000 targets of American and British surveillance in recent years, including the office of an Israeli prime minister, heads of international aid organizations, foreign energy companies and a European Union official involved in antitrust battles with American technology businesses.
While the names of some political and diplomatic leaders have previously emerged as targets, the newly disclosed intelligence documents provide a much fuller portrait of the spies’ sweeping interests in more than 60 countries.
Britain’s General Communications Headquarters, working closely with the National Security Agency, monitored the communications of senior European Union officials, foreign leaders including African heads of state and sometimes their family members, directors of United Nations and other relief programs, and officials overseeing oil and finance ministries, according to the documents. In addition to Israel, some targets involve close allies like France and Germany, where tensions have already erupted over recent revelations about spying by the N.S.A.
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