ANCA CITES PRESIDENT OBAMBA RESPONSIBILITY FOR COURT RULING AGAINST ARMENIAN GENOCIDE-ERA CLAIMS
Yerkir
27.08.2009 13:17
Yerevan (Yerkir) – Armenian National Committee of America (ANCA)
Chairman Ken Hachikian today called on President Barack Obama to reject
a misguided federal appeals court decision striking down a California
law to allow for the return of Armenian Genocide-era assets, and
encouraged him to immediately and publicly affirm that it is not the
"express federal policy" of the United States, as the court argued, to
prohibit the recognition of this crime by the Congress or the states.
The letter follows a August 20th flawed ruling of a three judge panel
of the U.S. Court of Appeals for the Ninth Circuit in the case of
Movsesian v.
Versicherung A.G. (No. 07-56722), that struck down a California law
providing remedies for Armenian Genocide-era wrongs. The ruling
contended that state level recognition of this crime contradicts
"express federal policy" and is therefore unconstitutional.
"You bear direct responsibility, Mr. President, by virtue of your
failure to keep your repeated, crystal clear pledges to recognize the
Armenian Genocide, for the Court’s judgment that it is the official
policy of the Executive Branch of the United States government to
actively oppose proper recognition of this crime and, upon this basis,
to thus prohibit states from passing laws to help Armenian Genocide-era
victims seek to rec laim lost or stolen property," said Hachikian in
an August 25th letter to President Obama.
Hachikian’s letter to President Obama also noted that the ANCA’s and
Armenian American community’s frustration is not limited solely to
his broken promise related to Armenian Genocide recognition, but also
extends to " your White House’s use of Turkey’s cynically-inspired
‘roadmap’ to defer U.S. recognition, and your State Department’s
shameless pressure on Armenia to accept the artificial ‘historical
commission’ that Ankara has long advanced to prevent the proper
recognition of thisvcrime."
The California Legislature passed a law in 2000 giving heirs of
those who died or fled to avoid Armenian Genocide-era persecution
until the end of 2010 to file claims for old bank accounts and life
insurance policies.
European banks and insurers are said to have retained assets valued
in 1915 at about $15 million, a sum worth substantially more in
today’s dollars.
Class-action lawsuits brought by Armenian descendants in California
and other states led to a $20 million settlement with New York Life
Insurance Co. in 2005 and a $17 million settlement the same year with
French life insurer AXA.
As a candidate, President Obama issued a series of statements
pledging to recognize the Armenian Genocide. In an early campaign
statement, issued on January 19, 2008, then-Senator Obama stated
"America deserves a leader who speaks truthfully about th e Armenian
Genocide and responds forcefully to all genocides. I intend to be
that President." Just three days prior to his election, his campaign
issued yet another statement noting "Barack Obama strongly supports
passage of the Armenian Genocide Resolution (H.Res.106 and S.Res.106)
and will recognize the Armenian Genocide."