Author: Hunanian Jack

7 November 2006
Justice Initiative Activities Roundup: September to October 2006

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Justice Initiative Intervenes in Armenian FOI Suit

On Oct. 16, the Justice Initiative filed written comments with the European
Court of Human Rights in a freedom of information case against Armenia. The
case, Geraguyn Khorhurd Patgamavorakan Akumb v. Armenia, involves the
alleged failure of an Armenian election authority to provide information on
its decision making processes, as well as data pertaining to the campaign
contributions and expenses of certain political parties. The Justice
Initiative was granted leave by the Court to intervene as a third party in
the case and submit comments on the general principles involved. The brief
argues that the existence of a right to information is well established in
European and international law, and urges the Court to find that Article 10
of the European Convention on Human Rights establishes a right of access to
information held by public authorities. The brief also elaborates on the
close links between access to information, free expression and political
participation.
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___________________
The Open Society Justice Initiative, an operational program of the Open
Society Institute, pursues law reform activities grounded in the protection
of human rights, and contributes to the development of legal capacity for
open societies worldwide. The Justice Initiative combines litigation, legal
advocacy, technical assistance, and the dissemination of knowledge to secure
advances in the following priority areas: national criminal justice,
international justice, freedom of information and expression, and equality
and citizenship. Its offices are in Abuja, Budapest, and New York.

November 7, 2006
PRESS RELEASE
Western Prelacy of the Armenian Apostolic Church of America
H.E. Archbishop Moushegh Mardirossian, Prelate
6252 Honolulu Avenue
La Crescenta, CA 91214
Tel: (818) 248-7737
Fax: (818) 248-7745
E-mail: [email protected] <mailto:[email protected]>
Website: <;

ARMENIAN , COPTIC, AND SYRIAC SUNDAY SCHOOL GATHERING

On Saturday, October 28, 2006, a one-day gathering of Oriental
Orthodox Churches Sunday Schools took place at Archangel Michael Coptic
Orthodox Church from 10:00 a.m. to 4:00 p.m. The gathering was held under
the auspices of the Council of Oriental Orthodox Bishops, H.E. Archbishop
Moushegh Mardirossian, Prelate, H.E. Archbishop Hovnan Derderian, Primate,
H.G. Bishop Serapion of the Coptic Orthodox Church, and H.E. Mor Clemis
Eugene Kaplan of the Syriac Orthodox Church.
Following registration, students from each church participated in the
Morning Prayer services in their respective language. The Prelates and
their representatives then welcomed the students and teachers, conveyed
their encouragement and spiritual messages, and invited all the participants
to accept Jesus into their hearts, and to be guided by His love.
After the group picture and lunch, close to 300 students divided
into 20 groups, to take part in an educational session on episodes and
parables from the Bible, after which each group presented their specific
topic to the others. Father Athanasius Ragheb, Pastor of Archangel Michael
Church then presented the students with crosses.
The gathering concluded with remarks by the organizing
committee, in which they commended the Sunday School directors, teachers,
and students, and thanked them for their participation.

TURKEY MAY RELAX LIMITS TO FREE SPEECH
By Dan Bilefsky / International Herald Tribune

International Herald Tribune, France
Nov 6 2006

ISTANBUL: Prime Minister Recep Tayyip Erdogan has signaled that he is
prepared to amend a law limiting free speech, in an apparent 11th-hour
attempt to prevent a crisis with the European Union.

The surprise move Sunday by Erdogan came just three days before
the European Commission is expected to publish a report criticizing
Turkey for sluggishness on reforms necessary if it wants to join the
25-member bloc.

"The move looks desperate," said Ilker Domac, a Turkish economist.

"It shows how badly things are going with Turkey’s EU membership
prospects."

Talks with the EU have reached an impasse that could result in the
suspension of the country’s EU membership talks, some Turks fear.

Such a move would hobble a key European and American ally in an
unstable region and would risk slowing the pace of its political and
economic reforms.

The commission, the EU executive branch, has been particularly
concerned by Article 301 of the Turkish penal code, which makes
insulting Turkishness a crime. The law attracted global criticism
earlier this year when the Turkish writer Orhan Pamuk, who was awarded
the 2006 Nobel Prize in Literature, was put on trial for telling a
Swiss newspaper that more than a million Armenians were massacred by
Ottoman Turks during World War I. The case was later dismissed.

In an apparent attempt to gain favor with the European Union before
the commission’s report is released Wednesday, Erdogan signaled that
his party, Justice and Development, might be willing to amend the law.

"We are studying several options for how we can handle Article 301 in
harmony with the spirit of the reforms," he said without elaborating.

Turkish analysts said this would likely entail narrowing the legal
definition of what constitutes an insult to Turkishness and amending
the law to make it compatible with the European Court of Human Rights.

Erdogan, who faces strong pressure from nationalists not to change
the law, all but ruled out doing so last week. But Turkish officials
said he had tempered his resistance after furious lobbying by human
rights groups, trade unions and the business community, which fear
that a break in EU membership talks would undermine Turkey’s stability.

EU officials cautiously welcomed the move, but warned that Turkey’s
membership bid still faced enormous obstacles, in particular a
simmering dispute over Cyprus that shows little sign of resolution.

"This is a positive signal, but there are other big hurdles that still
need to be overcome," said Joost Lagendijk, the chairman of the Turkey
delegation in the European Parliament and a member of the Green group.

Turkey has said it will not open its ports to ships from Cyprus,
an EU member, until the European Union lifts trade restrictions
against Turkish Cypriots in northern Cyprus, which is recognized
internationally by Ankara alone. The Cyprus impasse has proved so
intractable that last week Finland, which holds the Union’s rotating
presidency, canceled talks because the parties refused to be in the
same room.

ARTICLE 301 SUMMIT WITH CIVIL SOCIETY
By Abdulhamit Bilici, Isa Sezen

Zaman, Turkey
Nov 5 2006

Turkey’s business world and professional organizations have taken
action to prevent any possible interruption in Turkey’s European
Union membership process.

Leading non-governmental organizations in the country are preparing
to meet with Prime Minister Recep Tayyip Erdogan to discuss the
controversial Article 301 of the Turkish Penal Code.

More than 10 institutions, including the Turkish Union of Chambers
and Commodity Exchanges (TOBB), Turkish Industrialists and Businessmen
Association (TUSIAD), HAK-IS, and IKV have reached a consensus on what
should be done about Article 301. The group began a study 15 days ago
as Turkey’s EU process is reaching a critical stage over this issue.

The 10-page joint document, revised by jurists, will be submitted
to Prime Minister Erdogan today. The document suggests a revision of
the article in accordance with international standards, rather than
an abolishment.

After intensive negotiations before reaching a final consensus, TOBB
Chairman Rifat Hisarciklioglu said that the document would make an
important contribution to the problem’s solution.

While representatives from some institutions stressed that Article
301 should be changed in accordance with international norms, other
organizations insisted on the abolishment of the article.

Representatives will visit Erdogan today and submit the document.

Turkey’s chief negotiator Ali Babacan and Justice Minister Cemil
Cicek will also be available during this meeting.

Article 301 gained wide-spread notoriety after criminal lawsuits were
filed against novelists Orhan Pamuk and Elif Shafak for "insulting
Turkishness." Both cases ended in the acquittal of the novelists.

A criminal charge under the Turkish Penal Code, the article has
been used by some lawyers who take issue with what some writers and
journalists have written or said; especially about Turkey’s ‘Kurdish
question’ or an Armenian genocide.

PROJECTLESS TURKEY LOSES EU FUNDS
By Abdulhamit Yildiz

Zaman Online, Turkey
Nov 1 2006

While the European Union supports research and technology investments,
Turkey feels it has been left behind.

Funds the European Union created to support research and technological
development investments did not find their way into Turkey as
expected. Despite news reports, behind the scenes a number of
projects did not meet a number of quality requirements to benefit
from EU funding.

Ankara wanted ~@248 million but could get only ~@44 million for 370
projects. Disappointment struck in Ankara as Small and Medium-Size
Enterprises (KOBI) presented imperfect or bad projects to the
European Union.

Eighty-five percent of 2,500 projects were rejected. Turkey could
not take advantage of the [email protected] billion program and, as expected,
the government did not sign on to the new program.

Chairman of the Istanbul Chamber of Industry (ISO) Tanil Kucuk said
industrialists in Turkey were caught unprepared.

Kucuk said that the Scientific Technical Research Council of Turkey
(TUBITAK) was right when it said there were no projects even if the
financial source was ready for them.

The European Union uses such programs as a tool to direct and support
research and technology development. The program was implemented in
1984; Turkey participated only during the fourth and fifth programs
but did not put money in the pool.

However, Turkey did invest ~@248 million in the 6th frame program
specifically because Turkish KOBIs were interested in it.

The new program’s first steps will be taken in January 2007.

Consequently, ~@73 billion will be invested in approved projects.

The package designated [email protected] billion to KOBIs and [email protected] billion of
this will be given to new groundbreaking projects.

Small-sized enterprises will be supported for industrial competition
and innovation. The information technology and energy industries will
be included. If Turkey is included into the new project it will have
to contribute ~@100 million annually.

As a country that has begun negotiations, Turkey’s current political
debates are focused on secondary issues, CPS consultant Turkish General
Manager Tulu Gumustekin said. While emphasizing the importance of
innovation for small and medium-sized enterprises (SME), Gumustekin
reckoned that Turkey has not shown its commitment to participation,
thus denying SME’s new opportunities. She also believes the sooner the
7th framework is signed the better. Critical of the hesitant approach
companies have toward research and development studies, Gumustekin
said, "We refrain when it comes to the difficult part of the job."

TUSIAD Board Member Ayca Dinckok believes one of the most important
novelties of the 7th framework program is ensuring Turkey’s
participation in the European Technology Platform, Joint Technology
Initiatives, Competition and Innovation Framework Program.

Istanbul Chamber of Commerce Board Member Erhan Erken believes Turkey
was late in joining the previous framework program and could not enjoy
its benefits because of its shortcomings caused by inexperience. Noting
the 7th framework program had gained significant value with the 2005
revised Treaty of Lisbon, Erken said, "Every year is more successful
than the last and more industrial enterprises are participating
in projects."

French Bill a Failure

Referring to the new bill passed in the French parliament criminalizing
the denial of the alleged Armenian genocide, Gumustekin asserted it
went against human rights and the freedom of speech, adding that most
likely the bill would be a failure from the beginning.

Gumustekin said the Turkish public was tired and disappointed by
the EU negotiation process, but demands regarding Cyprus and France’s
attitude worsened the situation: "This is a very dangerous period… If
politicians gain the support of public opinion, than reforms will be
implemented sooner or later… Since there is no support in Europe,
politicians are forced to lift the curtains on opinions that are
not founded on truths. Turkey was an important country for those who
truly cared for the future of the EU, we need to keep such person’s
influence strong," Gumustekin noted.

While the CPS consultant approves criticism against France,
especially at the state level, she cautions the government not
to target companies that make investments in the country. If such
reactions develop, then Turkey would frighten the economy’s lifeline,
which is foreign investment, Gumustekin said. She also said that it
would cause foreign investors to think twice about investing in Turkey
due to the potential political problems that would affect investments,
causing Turkey to hurt itself.

GEORGIAN FOREIGN MINISTER VISITS MOSCOW

Democratic Azerbaijan
Nov 1 2006

Georgian Foreign Minister Gela Bezhuashvili is in Moscow on November
1 to hold talks with his Russian counterpart Sergey Lavrov in an
attempt to lay the ground for easing the current tensions between
the two countries.

The meeting, which will take place on the sideline of the summit of
Foreign Ministers from the Black Sea Economic Cooperation Organization
(BSEC), will be the first high-level talks since the worst crisis of
recent years erupted between Russia and Georgia in late September.

"We are determined to be constructive and are ready to take into
consideration Moscow’s interests in the Caucasus. But we do expect
the same from the Russian side as well. We are going to Moscow to see
what Russia wants," Gela Bezhuashvili told Georgian reporters in Baku,
Azerbaijan prior to his departure to Moscow.

In an interview with the BBC Gela Bezhashvili said that his priority
will be to get Russian economic sanctions lifted.

Bezhuashvili, accompanied by State Minister for Conflict Resolution
Issues Merab Antadze, had to travel to Moscow via Baku, as direct
transportation links with Georgia were cut by Russia on October 3.

Russian news agencies reported on October 31, quoting an unnamed
Kremlin official, that Russian President Vladimir Putin declined a
Georgian offer to meet with visiting Foreign Minister Bezhuashvili.

"The issue of possible talks between the President of Russia and
the Georgian Foreign Minister was discussed on the eve of Gela
Bezhuashvili’s arrival in Moscow. However, President Putin decided to
decline this meeting," Interfax and RIA Novosti news agencies quoted
the Kremlin source.

But Bezhuashvili denied the report. "It was not planned at all. I do
not know why this news is disseminated by Russian agencies," he told
reporters on November 1.

Bezhuashvili told reporters on October 31 that his talks with the
Russian officials are also aimed to prepare the ground for a potential
meeting between President Saakashvili and his Russian counterpart,
which, if agreed to, will most likely take place in Minsk, Belarus
on the sidelines of the CIS summit in late November.

President Saakashvili has expressed his readiness for top-level talks
several times recently. After an informal EU-Russian summit in Lahti,
President Putin said on October 20 that Moscow is "quite satisfied with
the signals manifesting Tbilisi’s readiness to improve our relations."

Meanwhile, Secretary of the Russian Security Council Igor Ivanov said
on October 31 that Georgia should sign an agreement with the Abkhaz
and South Ossetian sides on the non-use of force.

Georgia has so far refused to sign the agreements, saying that an
international peacekeeping force should replace the current Russian-led
peacekeeping operation as the guarantor of such an agreement.

"First of all, Georgia should sign these agreements… If Georgia
follows this path and not the path of threats and provocations, which
consistently take place, the atmosphere will change [in Russo-Georgian
relations]," RIA Novosti news agency quoted Ivanov as saying.

The Georgian Foreign Minster already met with his Armenian counterpart
Vardan Oskanian in Moscow on November 1 on the sidelines of the BSEC
summit. Armenian businessmen are also reportedly suffering from
Russia’s economic sanctions on Georgia because they are forced to
redirect import routes, which increases expenditures from 7% to 20%.

SWOBODA: PAPADOPOULOS SHOULD MEET WITH TALAT

The New Anatolian, Turkey
Nov 1 2006

European Parliament Socialist member Hannes Swoboda yesterday called
on Greek Cypriot Tassos Papadopoulos to show more willingness to meet
with Turkish Cypriot leader Mehmet Ali Talat on a regular basis to
make progress in solving the Cyprus problem.

Commenting on EU Term President Finland’s recent efforts for Cyprus
talks in Helsinki but disagreements on the format of the meetings,
Swoboda said that it was natural that Turkish Foreign Minister
Abdullah Gul was invited to these talks and further said it was more
meaningful at this stage to continue these talks on the level of
foreign ministers.

"Papadopoulos should show more eagerness to meet Talat on a regular
basis," Swoboda said, showing uneasiness with the Greek Cypriot
leader’s long reluctance to have direct, face-to-face talks with
the Turkish Cypriot leader. Swoboda underlined that Papadopoulos
politically had relatively a stronger position and expectations from
him to make steps forward were much higher.

The socialist MEP underlined that there will be a need weeks before
Dec. 15, when the EU will decide on Cyprus and Turkey’s accession
process, for Papadopoulos to head talks that aim to overcome the
controversy.

Asked to comment on Turkey’s request from Finland for Greece’s
participation in these talks, Swoboda said this was not necessary
and in fact could more complicate the process.

The MEP also underlined that while EU has not fulfilled its promises
yet to Turkish Cypriots to put an end to their isolation, Turkey’s
opening its ports to Greek Cypriots was a legal obligation and was
not directly related with the issue of isolation.

Socialist members of the European Parliament Jan Marinus Wiersma
and Pasqualina Napoletano together with Swoboda called on Turkey
to make progress in reforms and their implementation, underlining
that it was necessary to change the image of Turkey in Europe. The
deputies, at their press conference at the EU delegation in Ankara,
stressed that the controversial Article 301 of the penal code is
unacceptable and should be changed, independent from discussions of
French Parliament and its move to make it a crime to question claims
of an Armenian genocide.

NUCLEAR PLANT CLOSURE ‘PRECONDITION’ FOR CLOSER TIES WITH EU
By Astghik Bedevian

Radio Liberty, Czech Rep.
Oct 31 2006

The closure of the nuclear power plant at Metsamor is a precondition
for the deepening of Armenia’s links with the European Union under
the bloc’s European Neighborhood Policy (ENP) program, Trade and
Economic Development Minister Karen Chshmaritian said Tuesday.

Chshmaritian said the matter is included in Armenia’s plan of
ENP-related actions which is due to be signed by Armenian and EU
officials in Brussels on November 13. The document calls for more
political and economic reforms that would entitle Yerevan to a
privileged partnership with the 25-nation union.

Foreign Minister Erkki Tuomioja of Finland, which currently holds the
EU’s rotating presidency, and his Armenian counterpart Vartan Oskanian
said on October 2 that successful implementation of the action plan
would have far-reaching implications. In a joint statement issued
after their talks in Yerevan, they said Armenia’s ties with the EU
would go "beyond cooperation" and involve a "significant measure of
economic integration."

The decommissioning of Metsamor’s sole reactor has always been high
on the agenda of the EU’s dealings with Armenia. The EU believes that
the facility is inherently unsafe because of its Soviet design and
location in a seismically active zone.

The Armenian authorities dismiss those concerns. They insist that the
plant, which meets almost 40 percent of Armenia’s electricity needs,
is safe enough to remain operational until 2016. European government
seem to have come to terms with this tentative decommissioning date.

Earlier this year the Armenian government announced its intention to
replace Metsamor by another, more modern nuclear plant over the next
decade and look for foreign investors interested in financing its
construction estimated to cost at least $1 billion. U.S. reaction
to the extremely ambitious project has been lukewarm, with a senior
State Department official suggesting last May that there are "probably
better alternatives" to it.

According to Chshmaritian, no EU country has expressed the readiness
so far to assist in the project’s implementation.

DELEGATION LED BY MIKAYEL HAROUTIUNIAN TO TAKE PART IN SITTING OF HEADS OF CIS COUNTRIES’ GENERAL HEADQUARTERS

Noyan Tapan
Nov 01 2006

YEREVAN, NOVEMBER 1, NOYAN TAPAN. Delegation led by Colonel-General
Mikayel Haroutiunian, first Deputy Defence Minister, Head of RA Armed
Forces General Headquarters, left for Moscow on November 1 to take
part in the consultation of Heads of CSTO member states’ Armed Forces
General Headquarters. NT was informed about it from RA Defence Ministry
Press Service. It is planned to discuss the following issues during the
consultation: – CSTO coalition army building project until 2010 and
in further prospect, – formation of mechanism of cooperation between
member countries’ general headquarters and CSTO united headquarters,
– military-technical cooperation, joint training of cadres and
specialists to the advantage of CSTO member countries’ armed forces,
– results of Rubezh-2006 joint complex operative-tactical exercises.

GAS PRICE TO GO UP AGAIN

A1+
[06:13 pm] 31 October, 2006

But it will remain the same for the residents

Today Karen Karapetyan, executive director of "ArmRusGasArd," repeated
his words that their company has little profit. It is the largest
tax-payer in the country, and they intend to get at least 40 million
USD annual profit.

For instance, the company will have only 3 million 750 thousand USD
profit by the end of the year but they have already made investments
of 83 million USD.

Mr. Karapetyan claims that the gas tariffs are comparatively low in
Armenia. "We might issue an application to the Committee Regulating
Public Services by the turn of the year to increase the tariffs," said
Karen Karapetyan and then, trying to comfort the journalists, added,
"But it doesn’t refer to the subscribers, don’t worry on this score."

This refers to the companies utilizing gas all over the country. The
state gave them subsidies to compensate part of the increased tariffs.

Mr. Karapetyan was also concerned about the wrong distribution of the
subsidies. "If the subsidies were distributed effectively, it would
give an excellent opportunity to the Armenian manufacturers to take
their products to the international market," says the director of
"ArmRusGasArd."

Karen Karapetyan announced that their company also intends entering
the international market in order to prove that besides cognac,
Armenia can have other brandy as well.