Category: Ergun Kırlıkovalı

  • MANY SCHOLARS CHALLENGE THE ALLEGATIONS OF GENOCIDE

    MANY SCHOLARS CHALLENGE THE ALLEGATIONS OF GENOCIDE

    Part I

    I find it important to mirror this work here to help truth-seekers gain one more access the information which is denied them by aggressive Armenian falsifiers, their usually anti-Turkish sympathizers, and other thinly veiled Turk-haters. Hate-based-propaganda and intimidation should not be allowed to replace honest scholarship and reasoned debate.

    Nothing less than the freedom of speech of those who hold contra-genocide views are at stake. Tools most used to advance censorship of contra-genocide views are hearsay, forgeries, harassment, political resolutions, editorial freedom, and consensus, among others. The key to resolving this controversy is more knowledge as in more honest research, more truthful education, and more freedom to debate… not less.

    Those scholars who take Armenian claims at face value urgently need to ponder these simple questions:

    1) How can one study a country’s history without reseraching that country’s archives? Can one study China’s history without using Chinese archives? Or Russia’s past without using Russian documents? Or America’s history without researching American records? Or Ottoman Empire’s past without using Ottoman archives? Why were the Ottoman archives almost never used in Armenian arguments and claims? Are language barriers, bureaucratic hurdles, cost, or others convincing enough excuses in scholarly studies that span a over decades or even centuries? Or is it instant gratification that these (genocide) scholars who ignore Turkihs archives really seek, not the whole truth?

    2) How can one study a controversy by confining one’s views to one side? Can you argue that only one side of say, the abortion issue, is absolutely correct, flalwless, and worthy of knowing, and that the other side should be totally ignored and even censored? How about gun control? And immigration? taxes? Iraq War? Gay rights? and many other controversial issues? Can one be confined, or asked to confine, to only one side of the debate and categorically dismiss forever the other side? Can this ever be made into a policy as it is attempted in the Turkish-Armenian conflcit and controversy? Where does the freedom of speech come into play here? If I, as an individual who holds a contra-genocide view, am slandered, intimidated, harrassed and even threatened for my views by some “opinion thugs” and often censored by “consensus mobs”, then is not this a blatant attack and destrcution of my constitutional right to freedom of speech? Does consensus make it truthful? Does (political) might make right?

    3) Why do those genocide scholars who love to get on their high horses and preach good morals to others, fail to scream murder in the face of that terrible human tragedy in Azerbaijan that victimized a million Azeri women and children in Karabagh and western Azerbaijan? Is it because the perpetrator of this inhumanity is Armenia, their client state? And the Armenians, their paymasters?

    4) If the study of genocide is designed to teach humans how to recognize, avoid, and fight back against new genocides, then why do these genocide scholars not take their client, Armenian and Armenians, to task about the genocide in Khodjaly on 19 February 1992? Since a genocide verdict by a competent tribunal (as the 1948 UN Convention requires) does not exist, yet, for consistency, let me call it man’s inhumanity to man and pogrom. The question is why did all the genocide study fail to stop Armenia from committing one between 1992-1994? Can you see the heart wrenching irony here?

    Here is what honest scholars and historians say about the bogus Armenian genocide:

    ***

    “ Ottoman Armenian tragedy is a genuine historic controversy. Many reputable scholars challenge the conventional, one-sided anti-Turkish narrative and / or refrain from alleging the crime of genocide. These Are Their Words ( https://armenians-1915.blogspot.com/2009/06/2889-ottoman-armenian-tragedy-is.html )

    BACKGROUND – WAR AND IMPERIAL COLLAPSE

    The collapse of the Ottoman Empire dramatically rearranged the map of a vast region. What was once a sprawling, multi-ethnic empire splintered into more than two-dozen new nations, from the Balkans to the Caucasus to the Arabian peninsula. Across the surface of these lands unfolded a profound human tragedy. Nearly incessant war crippled the Ottoman economy. It left towns devoid of men to care for households or to tend crops. Military requisitions drained the countryside of livestock and many of the labor-saving implements of daily life. Disease ran rampant and famine struck many.

    VAST POPULATION MOVEMENTS

    As new states coalesced, large population masses streamed across the landscape, some fleeing the path of war, some seeking new lives among ethnic brethren or co-religionists, some having suffered expulsion, and some obeying negotiated population exchanges. Two such major movements were (a) the flight of Muslim refugees from newly-established Christian states in Balkans and the Caucasus into what would become modern Turkey during the period roughly between 1821 and 1922, and (b) the relocation of much of the Ottoman Armenian population from the war zone of eastern Anatolia into Ottoman domains in Syria, mainly in 1915-16.

    A GENUINE HISTORIC CONTROVERSY

    History records the enormous human suffering from both of these events: Perhaps 5.5 million Muslims, mostly Turks, died as refugees or were killed in the years immediately preceding and during World War I, as well as through the formative years of the Republic of Turkey. And certainly hundreds of thousands of Armenians died during the Armenian Revolt and the relocations consequently ordered by the Ottoman government. Scholars on the Ottoman Empire continue to examine the details and causes of these twin tragedies. What they have uncovered is not a singular tale of Christian woe, but rather a complex story that, if presented as evidence, would make it highly unlikely that a genocide charge could be sustained against the Ottoman government or its successor before a neutral arbiter. Thus, whether the tragic suffering of the Ottoman Armenians meets the definition of the crime of genocide as provided by the United Nations Genocide Convention (see appendix 1) remains a genuine historic controversy. Moreover, the notion that the one-sided Armenian narrative is settled history must be utterly rejected so that researchers will feel free to delve into the details of these contested events.

    QUESTIONS CONSIDERED

    Among the work of the scholars below, many of whom are Ottoman history experts, are considerations of the following questions:

    * Is the genocide label, which is so vigorously promoted by Armenian advocacy organizations appropriate?

    * Did the Ottoman government during World War I possess the requisite intent described by the U.N. Genocide Convention, to destroy the Armenians?

    * What was the Armenian Revolt (see appendix 2) and how did it impact the Ottoman government’s decision to relocate Armenian civilians from eastern Anatolia?

    * What was the ultimate toll upon the Armenian population? And how many deaths could be attributed to the various causes: inter-communal warfare, starvation, exposure, massacre, disease, etc.?

    * What was the ultimate toll upon the Ottoman Muslim population embroiled in these same events? And how many deaths can be attributed to the same causes?

    Their work establishes a better basis upon which to address historic grievances than the one-sided narrative most often provided in media accounts and by Armenian lobbyists and their advocates. In effect, these scholars provide the oft-ignored historical context, which is critical to any explanation of the shared past of the Turkish and Armenian peoples.

    At a minimum, the list below demonstrates that in fact, there exists no common agreement that the genocide label is appropriate and that, contrary to assertions made by Armenian lobby groups, the details of the historic narrative remain open to further study and interpretation.

    THE IMPACT OF PHYSICAL AND ACADEMIC INTIMIDATION

    Sadly, this list likely under-represents the number of scholars who would challenge the conventional wisdom on the Armenian tragedy. Those who write from a contra-genocide perspective have had to do so under extraordinary risk. Merely because of something he wrote, the home Prof. Stanford Shaw of U.C.L.A. was firebombed. Death threats have been received by Justin McCarthy and his family.

    The university press that published Guenter Lewy’s latest work was harassed by two Armenian scholars. (see appendix 3.)

    The University of Southern California in 2006 buckled to the vociferous protest of an Armenian pressure group and canceled a symposium by two former Turkish diplomats.

    Meanwhile, foreign nations such as France and Switzerland have rendered it against the law even to hold the contra-genocide viewpoint. Princeton University’s Bernard Lewis was famously fined by a French court in 1995 for such an “offense.”

    And, the Armenian terrorist organizations ASALA and JCAG carried out no fewer than 73 acts of terrorism in North America alone, killing 16 people. Around the world, Armenian terrorists killed at least 50 more people, mostly Turkish diplomat murdered in planned assassinations and injured over 500, all in the name of “genocide recognition.”

    In short, the chilling effect this has had on free discussion and open debate on the history of the late Ottoman Empire has been genuine and severe, lowering a curtain of fear over the consideration of this important era of world history.

    ADDITIONS AND SUBTRACTIONS

    Our aim is to evaluate as closely as possible each name on the list based on the published statements or writings of each scholar that are readily available. We welcome visitor suggestions for additions to the list. And likewise, if you believe that a particular name ought not be on the list, please let us know. Our goal is to continue to openly discuss and debate the details of history and the genocide allegation. For feedback, please contact info at tc-america.org.

    Whether the tragic suffering of the Ottoman Armenians meets the definition of the crime of genocide as provided by the United Nations Genocide Convention [web] remains a genuine historic controversy. The notion that the one-sided Armenian narrative is settled history does not reflect the truth and must be utterly rejected.

    The work of the following scholars demonstrates that there exists no common agreement that the genocide label is appropriate and that, contrary to assertions made by Armenian lobby groups, the historic narrative of this painful period in Ottoman-Armenian relations remains open to further study and interpretation. Furthermore, the work by the leading historians on the Ottoman Empire and the Middle East provides the oft-ignored historical context without which any explanation of the shared past of the Turkish and Armenian peoples is simply impossible.

    Our aim is to evaluate as closely as possible each name on the list based on the published statements or writings of each scholar that are readily available. Our goal is to continue to openly discuss and debate the details of history and the genocide allegation. For feedback, please contact info at tc-america.org

    ***

    SCHOLARS

    * Arend Jan Boekestijn
    * Mary Schaeffer Conroy
    * Youssef Courbage
    * Paul Dumont
    * Bertil Duner
    * Gwynne Dyer
    * Edward J. Erickson
    * Philippe Fargues
    * Michael M. Gunter
    * Paul Henze
    * Eberhard Jäckel
    * Firuz Kazemzadeh
    * Yitzchak Kerem
    * William L. Langer
    * Bernard Lewis
    * Guenter Lewy
    * Heath W. Lowry
    * Andrew Mango
    * Robert Mantran
    * Michael E. Meeker
    * Justin McCarthy
    * Hikmet Ozdemir
    * Stephen Pope
    * Michael Radu
    * Jeremy Salt
    * Stanford Shaw
    * Norman Stone
    * Hew Strachan
    * Elizabeth-Anne Wheal
    * Brian G. Williams
    * Gilles Veinstein
    * Malcolm Yapp
    * Thierry Zarcone
    * Robert F. Zeidner

    ***

    * AREND JAN BOEKESTIJN
    Lecturer in history of international relations, History Department at Utrecht University, Netherlands.

    Major Publications

    * Economic integration and the preservation of post-war consensus in the Benelux countries, (1993) * Other articles (not in English) Source: Excerpted from Turkey, the World and the Armenian Question (see appendix 4)

    “Citizens and politicians living in Western Europe tend to take the high moral ground on issues where they are not themselves directly involved. This is a strategy that runs the risk of applying double standards. It is all very nice to condemn the so-called Armenian genocide by the Ottoman Empire at the beginning of the last century; but what about the national sins of one’s own country? In addition to the holocaust, Germany committed genocide against the Herero tribe in then Southwest Africa; France slaughtered 200.000 Muslims in Algeria during 1954-1962, and what about King Leopold’s Ghost in the Belgian Congo? The list is much longer. Turks do not have a monopoly on human deficit.”

    “A number of governments and national parliaments ask Turkey that it recognize Armenia’s claims of genocide. These governments include France, Belgium, Russia, Lebanon, Uruguay, Switzerland, Greece, and Canada. The European Parliament and a number of U.S. states have also recognized the slaughtering of Ottoman Armenians as stemming from a systematic policy of extermination. Turkey fears that the U.S. Congress may soon follow. Recently, the German Parliament adopted a resolution in which the word genocide was not used but still called on the Turks to confront their past.”

    “Did the Ottoman Turks really commit genocide? And, is the Turkish government handling this sensitive issue well?

    In article 2 of the present United Nations Convention on the Prevention and Punishment of the Crime of Genocide (adopted 9 December 1948); genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group:

    (a) Killing members of the group;
    (b) Causing serious bodily or mental harm to members of the group;
    (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
    (d) Imposing measures intended to prevent births within the group;
    (e) Forcibly transferring children of the group to another group.

    The problem in identifying whether genocide was committed is the clause: in whole or in part. In part, implies that most wars involve an element of genocide. Genocide only has real meaning if a government intends to destroy an entire group of human beings. The Armenian side claims that the Ottoman government at the highest level had the intention to kill Armenians. So far, there is no such proof in the Ottoman Archives.”

    “Today, the German Holocaust of the Jewish population is widely compared to that of the Armenian massacre. However there are important differences between the two.

    First, Jews had done nothing wrong. They were just there and formed the basis of Hitler’s blatant racism. There is little doubt that the Turks overreacted to the Armenian challenge, but some Armenians did collaborate with the Russian enemy and some of them were involved in guerrilla like activities behind Ottoman defensive lines. This does not justify the Turkish position, but it is wrong to portray the Armenians as completely innocent.

    Second, in Hitler’s Germany, those in power knew what the Nazi’s were doing with the Jews. Most of them chose to support his policies. In Turkey, not all the members of the Turkish government were aware that some of them were using the deportations as an instrument of ethnic cleansing. When they discovered this, they tried to punish the perpetrators. Unfortunately, some of the perpetrators remained in power or acquired even higher positions.

    Third, there was no pre-planned genocide in Turkey, as in the case with the holocaust. No pre-1914 Ottoman government could have had foreknowledge of the outbreak of the First World War or the circumstances under which the deportations would be accomplished. Mainstream Ottoman politics included normal Armenian participation until war began. There is not only no evidence that the CUP government deliberately planned for genocide before 1914, it is also highly unlikely. It would suggest that it intended to carry out the mass murder of an ethnic group something for which there was no precedent in modern history. Moreover, if there had been plans and these were leaked out, intense international opposition possibly leading to an invasion of the Ottoman Empire by other European Powers would have been the result. Viewed in this light, it seems most implausible that the genocide of the Armenians was preplanned.

    Fourth, the historians who question the intention of the Turks to commit genocide are often excellent historians like Bernard Lewis and Gilles Veinstein with some documentary evidence on their side. They are not mendacious anti-Semitic crackpots who enunciate Holocaust denial.

    And lastly, the CUP never adopted an all-embracing secular, universalistic, quasi-messianic ideology in the style of Nazism and Communism. It remained rooted in traditional (although modernizing) nationalism and a vision of an Islamified Turkey. The events can be read as a botched, wartime panic, overreaction, with premeditation most unlikely and the scale of killings arguably exaggerated.

    Let us try to put these qualifications into perspective. Even if the Armenian massacre cannot be compared to the German Holocaust, even if not all members of the CUP government knew that some of their colleagues were bent on solving the Eastern question once and for all, the fact remains that between 600.000 and 900.000 Armenians died of murder, starvation, and exhaustion.”

    ***

    MARY SCHAEFFER CONROY
    Professor of Russian history at Colorado University, Denver (since 1995).

    Major Publications

    * Peter Arkad’evich Stolypin: Practical Politics in Late Tsarist Russia, Boulder: Westview Press, 1977.

    * Women Pharmacists in Late Imperial Russia. in Linda Edmondson, ed. , Women & Society in Russia & The Soviet Union, Cambridge University Press, 1992, pp. 48-76.

    * In Health & In Sickness: Pharmacy, Pharmacists & the Pharmaceutical Industry in Late Imperial, Early Soviet Russia, Dist. Columbia University Press, 1994.

    * Emerging Democracy in Late Imperial Russia, Boulder: University Press of Colorado, 1998 (edition).

    * The Russian Pharmaceutical Industry in the Late Imperial-Early Soviet Period,” in Politics and Society Under the Bolsheviks, Kevin McDermott and John Morison, eds., Basingstoke: MacMillan; New York: St. Martin’s Press, 1999, pp. 13-36.

    * The Soviet Pharmaceutical Business during Its First Two Decades (1917–1937), New York: Peter Lang, 2006.

    * Medicines for the Soviet Masses during World War II, University Press of America, 2008.

    Relevant Publications

    * Review of Vahakn N. Dadrian, Warrant for Genocide: Key Elements of Turko-Armenian Conflict, The Social Science Journal, vol. 37, no. 3, pp. 481-483. Source: Review of Vahakn N. Dadrian, Warrant for Genocide: Key Elements of Turko-Armenian Conflict, The Social Science Journal, vol. 37, no. 3, pp. 481-483

    “Dadrian claims that Armenians were more oppressed than these groups because they were not allowed to bear arms and had no outside protectors. Furthermore, the Ottoman government allowed Kurds and Islamic migrants from the Balkans and the Caucasus to harass Armenians. His argument, however, is marred by inconsistency and ambiguity. He notes, for instance, the appointment of Armenians to central and local government posts in 1876, periodically refers to the Armenian diaspora, and admits that Armenian merchants, upper echelons of the Armenian clergy and ‘conservative’ Armenians preferred Ottoman rule to Russian (Russia ruled a slice of Armenia following the 1827-1828 Russo-Turkish War) because they believed this would better preserve Armenian identity.

    Indeed, Armenian deputies in the Ottoman Parliament spoke out against Russia. The author tells us nothing, however, about the conditions within the Ottoman Empire which produced the Armenian elites, nor does he elaborate on these issues. Similarly, Dadrian mentions Armenian revolutionaries, the Huntchaks and the Dashnaks, some of whom engaged in raids on the Ottoman Bank in the mid-1890s, and he concedes that their numbers were small and that the bulk of Armenians repudiated them. However, he does not develop the impact these revolutionaries may have had on Ottoman government policies, particularly the reluctance to let Armenians bear arms. Further, Dadrian does not identify the Huntchaks as Marxists nor the Dashnaks as extreme nationalists. In chapter 10, Dadrian informs us that several thousand Armenians fought for Turkey in World War I but, again, does not develop this theme.” P. 482.

    “Although Dadrian appears fluent in Turkish and cites certain Turkish sources — dissident Ittihadist reports, memoirs of a few Turkish leaders, and statements from a post-World War I war-crimes tribunal — almost no information on Turkish government policies regarding Armenians and nothing on the decision to annihilate them comes from Turkish archival sources. Dadrian relies mainly on British Foreign Office and German, Austrian, and French reports. When discussing how the Turks unleashed Kurds to attack Armenians in the mid-1890s, Dadrian even quotes a U.S. senator’s castigation of this event as supporting evidence. Similarly, he cites the Russian newspaper Golos moskvy (incorrectly transliterated ‘Kolos Moskoy’) as one of the sources for a ‘secret Turko-German plan for the massive deportation of the Armenians of eastern Turkey’ along with a Western historian’s ruminations on how important cultural homogeneity was to the Turks, as proof of the Armenian massacres of 1915. Dadrian’s excuse for not documenting Turkish policies with internal governmental sources is that the policies were secret. However, since much evidence exists in Russian archives about secret policies, one cannot but be skeptical about this explanation.

    A few typos and small factual errors, such as the implication that Russian-Ottoman relations were always adversarial in the nineteenth and early twentieth centuries, mar the book. However, the most egregious flaws in this book are its polemical tone, its sketchiness, and its failure to use Turkish archival sources. Therefore, while the book delivers intriguing insights into Ottoman-Kurdish relations and the views of individual Turkish statesmen regarding Armenians, and while it suggests convincing theories for Turkish massacres of Armenians, it does not convincingly document these theories. It is thus unsatisfying as a whole. This book is more a work of journalism than solid history and is not recommended.” P. 483.

    ***

    (To be Continued)

  • INTOLERANCE TO REASONED, SCHOLARLY DEBATE

    INTOLERANCE TO REASONED, SCHOLARLY DEBATE

    June 3, 2009

    To: Sheldon Levy, President and Vice-Chancellor, [email protected]

    Cc: Kanizehn Wadia, Executive Secretary to the President, [email protected]
    Erin McGinn, Director, Office of the President, [email protected]
    Carrie-Ann Bissonnette, Special Assistant, Events & Special Projects, [email protected]
    Alan Shepard, Provost and Vice President Academic – [email protected]
    Dr. Heather Lane Vetere, Vice Provost, Students – [email protected]
    Terry Gillin, Dean of sociology, [email protected]
    Mustafa Koc, Professor, Sociology Department, [email protected]
    Re: Intolerance at Canada’s Ryerson University to reasoned, scholarly debate

    Dear President Levy:
    I am responding to the apology you issued to the Armenian students for the scholarly seminar organized by the Turkish students at Ryerson University on February 18, 2009, featuring Professor Turkkaya Ataov, a researcher who authored of more than 80 books. I found your apology biased, unfair, and unscholarly. Here are my reasons and thoughts:

    BIAS IN THE TERM “ARMENIAN GENOCIDE”

    If one cherishes values like fairness, objectivity, truth, and honesty, then one should really use the term “Turkish-Armenian conflict”. Reducing this complex human tragedy that affected all the people of the area down to “Do you accept or deny Armenian Genocide” simply shows one’s anti-Turkish bias. The question should be re-phrased “What is your stand on the Turkish-Armenian conflict?”

    Turks document it clearly that it was an inter communal warfare mostly fought by Turkish and Armenian irregulars, a civil war which is engineered, provoked, and waged by the Armenian revolutionaries, with active support from Russia, England, France, and other countries, as well as Western media and missionaries, all interested in the vast resources of the collapsing Ottoman Empire for different reasons and to varying degrees, against a backdrop of a raging world war.

    Armenians, on the other hand, ignoring Armenian agitation, raids, rebellions, terrorism, treason, territorial demands, and Turkish victims killed by Armenians, claim that it was a one way genocide, a claim never tested at a court of law but mostly based on hearsay and forgeries.

    GENOCIDE ALLEGATIONS IGNORE “THE SIX T’S OF THE TURKISH-ARMENIAN CONFLICT”

    While some in unsuspecting public may be forgiven for taking the blatant and ceaseless Armenian propaganda at face value and believing Armenian falsifications merely because they are repeated so often, it is difficult and painful for someone like me, the son of Turkish survivors on both maternal and paternal sides, whose story is hardly ever heard due to censorship induced by Armenian pressure groups.

    Those seemingly endless “War years” of 1912-1922 brought three separate but consecutive wars on Ottoman soil (The Balkans, WWI, and the Independence Wars) and wide-spread death and destruction on to all Ottoman citizens. No Turkish family was left touched, mine certainly included. Those nameless, faceless Turkish victims are killed for a second time today with politically motivated and baseless charges of Armenian genocide. Those wars were brought onto Turks, not vice-versa, fought on Turkish soil, not in England, France, or Russia, and Turks were only defending their home, not out for conquest.

    ALLEGATIONS OF ARMENIAN GENOCIDE ARE RACIST AND DISHONEST HISTORY

    They are racist because they ignore the Turkish dead: about 3 million during WWI; more than half a million of them at the hands of Armenian nationalists.

    And the allegations of Armenian genocide are dishonest because they simply dismiss

    THE SIX T’S OF THE TURKISH-ARMENIAN CONFLICT:

    1) TUMULT (as in numerous Armenian armed uprisings, 1878-1921)

    2) TERRORISM (by well-armed Armenian nationalists and militias victimizing Ottoman-Muslims, 1882-1922)

    3) TREASON (Armenians joining the invading enemy armies, 1914-1921)

    4) TERRITORIAL DEMANDS (where Armenians were a minority, not a majority, attempting to establish Greater Armenia, the would-be first apartheid of the 20th Century with a Christian minority ruling over a Muslim majority, 1878- present )

    5) TURKISH SUFFERING AND LOSSES (i.e. those caused by the Armenian nationalists: 524,000 Muslims, mostly Turks, met their tragic end at the hands of Armenian revolutionaries during WWI, documented by the Turkish Historical Society. This figure is not to be confused with about 2.5 million Muslim dead who lost their lives due to non-Armenian causes during WWI.)

    6) TERESET (temporary resettlement) triggered by the first five T’s above and amply documented as such; not to be equated to the Armenian misrepresentations as genocide.)

    VERDICT WITHOUT DUE PROCESS AMOUNTS TO LYNCHING

    Those who take the Armenian “allegations” of genocide at face value seem to also ignore the following:

    1- Genocide is a legal, technical term precisely defined by the U.N. 1948 convention (Like all proper laws, it is not retroactive to 1915.)

    2- Genocide verdict can only be given by a “competent court” after “due process” where both sides are properly represented and evidence mutually cross examined.

    3- For a genocide verdict, the accusers must prove “intent” at a competent court and after due process. This could never be done by the Armenians whose evidence mostly fall into five major categories: hearsay, mis-representations, exaggerations, forgeries, and “other”.

    4- Such a “competent court” was never convened in the case of Turkish-Armenian conflict and a genocide verdict does not exist (save a Kangaroo court in occupied Istanbul in 1920 where partisanship, vendettas, and revenge motives left no room for due process.)

    5- Genocide claim is political, not historical or factual. It reflects bias against Turks. Therefore, the term genocide must be used with the qualifier “alleged”, for scholarly objectivity and truth.

    POLITICAL LYNCHING OF THE TURKS BY ARMENIANS TODAY

    Recognizing Armenian claim as genocide, therefore, will deeply insult Turkish-Canadians and Turks around the globe and poison the otherwise excellent relations currently enjoyed between the Canada and Turkey. It will, no doubt, please Armenians but disappoint, insult, and outrage Turkey, one of Canada’s closest allies and a partner in NATO. Turks stood shoulder to shoulder with Canadians in Gulf War, Somalia, Bosnia, Kosovo, Afghanistan, and more. Genocide charge, unproven and unjustified, is the worst insult that can be dished out to an entire nation and a democracy respecting human rights, not to mention a close friend, an staunch ally , and a reliable partner in a troubled part of the world.

    History is not a matter of ” gut feelings, thoughts, beliefs, conviction, consensus, political resolutions, or propaganda.” History is a matter of unbiased research, honest peer review, thoughtful debate, and meticulous scholarship. Even historians, by the U.N. definition, cannot decide on a genocide verdict, which is a special task reserved for a “competent court” with its legal expertise and due process.

    What we witness today amounts to lynching of the Turks by Armenians to satisfy the age old Armenian hate, bias, and bigotry. Values like fairness, presumption of innocence until proven guilty, objectivity, balance, honesty, and freedom of speech are stumped under the fanatic Armenian feet.

    Those who claim genocide verdict today, based on the much discredited Armenian evidence, are actually engaging in “conviction and execution without due process”. Last time I checked with the dictionary, that was the definition of “lynching”.

    Isn’t it about time to stop fighting the First World War after almost a century and give peace a real chance?

    Perhaps an even better question is, isn’t it time to allow the historians, researchers, and scholars to take over this debate?

    The capability to explore and discuss contentious issues in a rational, scholarly manner is one of the trademarks that makes a University community a stimulating and exciting place. Your apology to Armenian students, implying that the Turkish-Armenian controversy should be represented like settled history in line with untested, unproven Armenian allegations, deals a blow to academic freedom and freedom of speech, thus vibrancy of a university.

    After all, what good is a university if reasoned, scholarly debate is not allowed?

    Peace,

    ERGUN KIRLIKOVALI

    Son of Turkish Survivors from Both Maternal & Paternal Side

    www.turkla.com
    www.ethocide.com

    ***

  • ARMENIAN CRIME AMNESIA?

    ARMENIAN CRIME AMNESIA?

    [Note by Ergun KIRLIKOVALI, 29 May 2009: This article appeared in the October 16, 2007 issue of the Washington Times. Since then, nothing seems to have changed on the Armenian lobby’s front: same old resolutions infested with same old lies and deceptions. It is almost like time stands still in the Armenian psyche. ergun_s

    How one lives one’s life is one’s own business, true. But it seems to me, being consumed with hatred (for all things Turkish) is a terrible way for anyone (Armenian or others) to waste one’s own life.

    Solution? Simple.

    Armenians can apologize to Turks right now for destroying a millennium of Turkish-Armenian harmonious cohabitation in Anatolia with territorial demands, rebellions, terrorism, and treason hundred years ago and duping the unsuspecting international community with tall tales of a bogus genocide since then and Turks, in return, will forgive Armenians.

    Armenia can end the brutal military occupation of Karabakh and Western Azerbaijan and allow 1+ million Azeri refugees to return to their homes and Turkey, in return, will open her borders with Armenia.

    Fail to do these and expect to be confined to a life of hatred and vengeance in America and poverty, corruption and violence in Armenia.]

    ***

    Armenian crimes against humanity and war crimes against the Ottoman Turkish and Kurdish populations of eastern and southern Anatolia during World War I and its aftermath have been forgotten amidst congressional preoccupation with placating the vocal and richly financed Armenian lobby.

    Last Wednesday, the Armenians hectored members of the House International Relations Committee by a 27-21 vote into passing a counterfactual resolution convicting the Ottoman Empire and its successor state, the Republic of Turkey, of genocide. A historically supportable resolution would have condemned massacres against Armenians with the same vigor, as it should have condemned massacres by Armenians against the innocent Muslim populations of the crumbling Ottoman Empire.

    Capt. Emory Niles and Arthur Sutherland, on an official 1919 U.S. mission to eastern Anatolia, reported:

    “In the entire region from Bitlis through Van to Bayezit, we were informed that the damage and destruction had been done by the Armenians, who, after the Russians retired, remained in occupation of the country and who, when the Turkish army advanced, destroyed everything belonging to the Musulmans. Moreover, the Armenians are accused of having committed murder, rape, arson and horrible atrocities of every description upon the Musulman population. At first, we were most incredulous of these stories, but we finally came to believe them, since the testimony was absolutely unanimous and was corroborated by material evidence. For instance, the only quarters left at all intact in the cities of Bitlis and Van are Armenian quarters … while the Musulman quarters were completely destroyed.”

    Niles and Sutherland were fortified by American and German missionaries on the spot in Van. American Clarence Ussher reported that Armenians put the Turkish men “to death,” and, for days, “They burned and murdered.” A German missionary recalled that, “The memory of these entirely helpless Turkish women, defeated and at the mercy of the [Armenians] belongs to the saddest recollections from that time.”

    A March 23, 1920, letter of Col. Charles Furlong, an Army intelligence officer and U.S. Delegate to the Paris Peace Conference, to President Woodrow Wilson elaborated:

    “We hear much, both truth and gross exaggeration of Turkish massacres of Armenians, but little or nothing of the Armenian massacres of Turks. … The recent so-called Marash massacres [of Armenians] have not been substantiated. In fact, in the minds of many who are familiar with the situation, there is a grave question whether it was not the Turk who suffered at the hands of the Armenian and French armed contingents which were known to be occupying that city and vicinity. … Our opportunity to gain the esteem and respect of the Muslim world … will depend much on whether America hears Turkey’s untrammeled voice and evidence which she has never succeeded in placing before the Court of Nations.” The United States neglected Col. Furlong’s admonition in 1920, and again last Wednesday. Nothing seems to have changed from those days, when Christian lives were more precious than the lives of the “infidels.” Justin McCarthy of the University of Louisville concluded that a staggering 2.5 million Anatolian Muslims died in World War I and the Turkish War of Independence. More than 1 million died in the Six Provinces in Eastern Anatolia, as Armenians with the help of Russia’s invading armies sought to reclaim their historical homeland.

    In contrast, best contemporaneous estimates place the number of Armenians who died in the war and its aftermath at between 150,000 and 600,000. The Armenian death count climbed to 1.5 million over the years on the back of political clout and propaganda.

    The committee voiced horror over the Armenian suffering, but said nothing about the suffering Armenians inflicted on the Muslim population. Nor did the committee deplore the 60 years of Armenian terrorism in the Ottoman capital Istanbul, including assassination of the Armenian patriarch and an attempted assassination of the sultan as he was leaving prayer. Armenian terror was exported to the U.S. mainland and Europe by fanatics who murdered over 70 Turkish diplomats, three of them in Los Angeles and one honorary consul general in Boston.

    Mourad Topalian, erstwhile head of the Armenian National Committee of America, a lead lobbying group behind the resolution and major campaign contributor to House Speaker Nancy Pelosi and other members, was sentenced to 36 months in prison for complicity in a conspiracy to bomb the Turkish mission at the United Nations. Yet Topalian has escaped a terrorist label by either Armenian-Americans or their echo chambers in Congress.

    The home of the late Professor Stanford Shaw of the University of California-Los Angeles was firebombed in retaliation for his academic courage in disputing the Armenian genocide claim. Like Benito Mussolini, Armenians believe truth is an assertion at the head of a figurative bayonet.

    In parts of Europe, disbelief in the Armenian genocide allegation is a crime on par with Holocaust denial. But the Holocaust was proven before the Nuremburg Tribunal with the trappings of due process. Armenians, in contrast, have forgone bringing their genocide allegation before the International Court of Justice because it is unsupported by historical facts.

    In contrast to open Ottoman archives, significant Armenian archives remain closed to conceal evidence of Armenian terrorism and massacres.

    If the resolution’s proponents had done their homework and put aside religious bigotry, they would have reached the same conclusion as author and Professor Bernard Lewis of Princeton University:

    “[T]he point that was being made was that the massacre of the Armenians in the Ottoman Empire was the same as what happened to Jews in Nazi Germany and that is a downright falsehood. What happened to the Armenians was the result of a massive Armenian armed rebellion against the Turks, which began even before war broke out, and continued on a larger scale.” Brian Ardouny of the Armenian Assembly of America in a videotaped interview for a documentary on the Armenian Revolt clucked:

    “We don’t need to prove the genocide historically, because it has already been accepted politically.”

    Congress should reject that cynicism in defense of historical truth. ***

    Bruce Fein is a constitutional lawyer and international consultant with Bruce Fein & Associates and The Lichfield Group.

  • SOUTHERN CORRIDOR – EU signs deal on new gas pipeline

    SOUTHERN CORRIDOR – EU signs deal on new gas pipeline

    It is hoped that the piepline will start pumping gas to Europe by 2014 [EPA]

    The European Union has just signed an agreement with Turkey, Azerbaijan, Georgia, and Egypt in a bid to press ahead with a gas pipeline that would reduce its reliance on Russian energy. That shows the determination on the part of EU to end Europe’s energy dependence on Russia.

    Mirek Topolanek, the Czech prime minister, said the aim to open up a “southern corridor” for supplies was “not just a one-way street for pipelines…We envisage this as a new silk road where we’ll see the flow of information, goods, people and energy in both ways.” () (Aljazeera, MAY 08, 2009)

    “Two suppliers — Azerbaijan and Egypt — and two key transit states — Turkey and Georgia — agreed to give “the necessary political support,” and, where possible, “technical and financial assistance” to the construction of planned pipelines and transport routes needed to bring gas from the Caspian Basin region and the Middle East to the European market.”
    (RADIO FREE EUROPE, Antoine Blua, May 08, 2009)

    Here is the text of this important declaration ushering in a new age of energy diplomacy:

    ***

    DECLARATION: SOUTHERN CORRIDOR
    Prague Summit, May 8, 2009

    We, the Participants of the Southern Corridor Summit held in Prague on the 8th of May 2009;

    express our political support to the realization of the Southern Corridor as an important and mutually beneficial initiative, which will lead to the promotion of common prosperity, stability and security of all countries involved;

    understand the Southern Corridor as an area of mutual interest providing opportunities for cooperation of the various entities in our public and private sectors. The trigger but not the sole focus of this process of strengthening relations among the Southern Corridor countries will be enhancing our mutually beneficial energy cooperation, which has the potential to serve as a cornerstone for the overall cooperation among countries involved;

    acknowledge that infrastructure projects which interconnect the countries along the Southern Corridor will act as a catalyst for further co-operation in other areas. The successful cooperation in the field of energy will encourage investments also in transport area. The development of transport infrastructure, including for energy, will lead to an intensification of people-to-people contact, which is the fundamental prerequisite to further social, economic and political cooperation in the whole region;

    intend to overcome the main remaining commercial and non-commercial obstacles by coordinating on common progressive strategy, individual commitments of the countries concerned, namely energy producer, transit and consumer countries, and clear scheduling for the completion and functioning of concrete energy and transport projects to be realized and operated within the Southern Corridor, including the Trans-Caspian energy transportation projects;

    consider the Southern Corridor concept as a modern Silk Road interconnecting countries and people from different regions and establishing the adequate framework, necessary for encouraging trade, multidirectional exchange of know-how, technologies and experience.

    We consider

    The Southern Corridor concept as a synergy of the following documents:

    – the Partnership and Co-operation Agreements between the EU and Azerbaijan, the EU and Georgia, the EU and Kazakhstan, and the EU and Uzbekistan;
    – the Association Agreement between the EU and Turkey and the EU and Egypt;
    – the European Neighbourhood Policy, including the Action Plans, the Eastern Partnership, EU-Central Asia Strategy and the Black Sea Synergy;
    – the Memoranda of Understanding on strategic energy partnership between the EU and Egypt , EU and Kazakhstan, EU and Turkmenistan and EU and Azerbaijan;
    – the Declaration of the Budapest Nabucco Summit of 27 January 2009;
    – the Declaration of the Sofia Energy Summit of 24-25th April 2009;
    – The Baku Initiative and the Energy Road Map endorsed on the occasion of the Astana Ministerial Conference of 30 November 2006;
    – The Baku Energy Summit Declaration of 14th November 2008;
    – The Ministerial Statement on the Nabucco gas pipeline project of 26th June 2006;
    – Agreements on transportation of oil and gas through the Baku-Tbilisi-Ceyhan and Baku-Tbilisi-Erzurum oil and gas pipelines of 1999 and 2001 respectively;

    – Agreement among the Republic of Turkey, the Hellenic Republic and Italian Republic concerning the development of the Turkey, Greece, Italy Transportation Corridor of 26 July 2007 in Rome;
    – the European Council Conclusions of 8-9 March 2007, 16 October 2008 and 20th March 2009;
    – the European Commission’s Second Strategic Energy Review of 13 November 2008;

    – Decision No 1364/2006/EC of the European Parliament and of the Council concerning trans-European energy networks (TEN-E);

    – Commission Decision granting financial aid for an action of 2.12.2008 in the field of the trans-European energy networks (TEN-E);
    – the EU-financed INOGATE technical feasibility studies on the Trans-Caspian-Black Sea Gas Corridor as well as the feasibility study on the Caspian Development Corporation (CDC);
    – the European Commission’s Communication on the extension of the major trans-European transport axes to the neighbouring countries, of 31 January 2007;
    – the transport cooperation and initiatives involving the EU and the countries of the Southern Corridor ;
    – And bearing in mind international treaties and obligations, including those arising from the Energy Charter Treaty, the Energy Community Treaty as well as the existing bilateral and multilateral agreements fostering the development of projects of the Southern Corridor;

    We declare

    That the concept for the Southern Corridor is complementary to other existing energy and transport partnerships and projects of the EU and is open for the participation and contribution of third countries on a case-by-case basis in concrete projects, upon agreement of all the Parties to this declaration directly involved.

    That one of the basic prerequisites for developing the Southern Corridor is cooperation to establish interconnections starting with direct energy and transport links among the countries concerned as appropriate. We therefore agree to promote a common initiative to develop the conditions necessary for more effective transportation networks, including of energy resources, goods and people as well as an improved exchange of know-how and technologies within the Corridor with the participation of all the interested countries, international political conditions permitting. This should make the maximum use of the existing regional initiatives on energy and transport.

    On the basis of declared principles in the field of energy we,

    agree to give necessary political support and, where possible, technical and financial assistance to the construction of the Southern Corridor, including the Trans-Caspian energy transportation projects, in order to support the diversification of energy sources, markets and transport routes, which will not only enhance the energy security of the participating countries , but also will simultaneously constitute fair and profitable opportunities for energy producers, consumers and transit countries, while recognizing the need for this to be feasible, economically competitive, technically and environmentally sustainable and timely.

    welcome transparency, competitiveness, long term predictability and stable regulatory conditions to underpin the realization of concrete infrastructure projects in the framework of the Southern Corridor. This should include

    * firstly, the means to provide producers with reliable commitments of the consumers on their aggregate demand and the identification of non- committed natural gas and oil volumes by producer countries that can be dedicated specifically to the EU as well as the Corridor countries markets with a precise timetable for their availability on the basis of their commercial profitability;

    * secondly, the establishment of necessary and appropriate transit and environmental arrangements in line with the Parties’ international commitments;

    * thirdly, the need for companies to ensure direct, industry-standard commercial agreements between producers and consumers.

    envisage a mechanism for aggregating sufficient volumes to be transported through the Southern Corridor, and, take note of the feasibility study on the Caspian Development Corporation initiative that should lead to concrete proposals in this respect. In this context, eventually consider devoting, as appropriate, public and private financial resources necessary for the realization of the Southern Corridor, including encouraging the market-based participation of public and private companies.

    attain the energy security of all parties including consumer and transit states, such as Turkey, Georgia and Azerbaijan, on the basis of commercial agreements that are in line with the Parties’ international commitments.

    welcome that the countries concerned will endeavor to:

    – implement a clear, transparent, cost-based, stable and non-discriminatory transportation regime for natural gas or oil across the territories of the Corridor countries to end consumer markets, in line with the Parties’ international commitments.

    – establish direct connections between both sides of the Caspian Sea as one of the main important elements of the effective energy cooperation and favour the interconnection of the Southern Corridor with the EU through strategic infrastructure projects necessary for carrying natural gas by pipelines or ships. In the gas sector, interconnection will be established among others through the Nabucco project and the ITGI project both of which are financially supported in the EU Recovery Plan endorsed by the European Council of March 2009 as well as other projects within the Corridor. In the oil sector, an extension of the already operating transportation system between Kazakhstan and Azerbaijan could be developed in the Mediterranean and the Black Sea regions, taking into account the constrains of the Turkish straits.

    – promote the activities of public and private companies that are involved or willing to participate in the realization of the Trans-Caspian energy link.

    – achieve maximum energy efficiency and use of renewable energies as an important element for successful cooperation in the field of energy.

    Therefore, we express our readiness to share technologies, knowledge and know-how in order to reach efficient fuel use and further development of alternative energy sources to allow long-term and sustainable growth for all Corridor countries;

    – share technologies, knowledge and know-how for the development of energy resources, their transportation and technical upgrading within the Corridor.

    In the field of transport we endeavour,

    To support the promotion of regional and cooperative approaches to transport challenges in the Southern Corridor, which includes appropriate projects in the Mashreq, in particular Egypt and Iraq.

    To intensify cooperation in view of promoting the implementation of relevant infrastructure projects and of policy measures to facilitate exchanges, to support efforts to make transport projects within the Southern Corridor an effective and responsive instrument of cooperation and enhancing public-private partnerships and other ways of attracting investments.
    To implement the extension of transport trans European Networks to Turkey and South Caucasus and beyond to Central Asia along the Southern corridor, including connections to the Middle East.

    To encourage, with respect to high importance of railway transport in economies of Corridor countries, all parties involved to further develop the strategic railway networks and their interoperability. In this regard we support the railway and maritime corridor connecting the Caspian Sea Region with the EU, as well as a roll-on roll-off ferry connections between the EU and the relevant countries of the Southern Corridor, including Georgia.

    To share technologies, knowledge and know-how for technical upgrading of transport facilities within the Corridor in order to increase the transport efficiency.
    To harmonize technical norms and standards, ensure transparent and competitive tariffs, and to simplify custom procedures and border crossing in order to ensure fluent movement of all kinds of goods as a basic condition for deepening of trade among the involved countries.

    In the field of overall cooperation we agree,

    That strengthening of mutual relations must go hand in hand with following principles: transparency, non-discrimination , market economy and commercial profitability.
    To favour stable regulatory framework ensuring clear and predictable investment environment, which contributes to mutual trust necessary for successful realization of all strategic projects within the Southern Corridor.

    With respect to implementation and follow-up, we agree to strongly support the following steps:

    On energy:

    * The European Commission, together with the Council of the EU and the signatory partner countries, will monitor the implementation of this declaration and, in particular, work on developing an Action Plan seeking the implementation of the necessary conditions and the
    appropriate supporting measures for the Southern Corridor.

    * For the EU Member States concerned and Turkey to finish the negotiations of the intergovernmental agreement on Nabucco as quickly as possible, to sign it by the end of June 2009 in Turkey, and to continue to support the necessary steps for its implementation inter alia by identifying gas volumes available for marketing in the EU and Turkey.

    * For the EU Member States concerned and the relevant countries to progress further on the timely realisation of the ITGI project.

    * For the EU and the concerned countries to conclude the feasibility study on the Caspian Development Corporation initiative by the end of 2009 in view of the possible identification of relevant actions for the implementation.

    * For the EU and Iraq to sign an MoU on Energy as soon as possible, and for the EU and Egypt to cooperate and agree on specific projects in developing Egypt’s gas reserves and export potential for the EU, including via the Southern Corridor and encouraging energy investment, transfer of know-how for this purpose.

    On transport

    * To cooperate on the objective of promoting the extension of the trans-European transport networks to the countries of the Southern Corridor;

    * To work on developing an action plan on possible additional appropriate measures, including safety and security, to facilitate transport and transit flows along the Southern Corridor;

    * To work on a list of priority projects and policy measures for the development of the Southern corridor, and attract funds to implement them.

    Done and signed in Prague on 8th May 2009 in the presence of the representatives of Kazakhstan, Turkmenistan and Uzbekistan.

    For the EU,
    H.E. Mirek Topolánek, President of the European Council

    H.E. Jose Manuel Barroso, President of the European Commission

    For the Republic of Azerbaijan,

    H.E. Ilham Aliyev, President of the Republic of Azerbaijan

    For the Republic of Georgia,
    H.E. Mikheil Saakashvili, President of Georgia

    For the Republic of Turkey,

    H.E. Abdullah Gül, President of Turkey

    For the Arab Republic of Egypt,
    H.E. Sameh Fahmy, Minister of Petroleum of the Arab Republic of Egypt

    ***

    00000000000000000


    The European Union has signed an agreement with four countries in a bid to press ahead with a gas pipeline that would reduce its reliance on Russian energy.

    Azerbaijan and Egypt, which can both supply gas, and Turkey and Georgia, which are able to carry it, signed up to the Nabucco gas pipeline scheme on Friday at a meeting in Prague, capital of the Czech Republic.

    In return for their commitment to supply gas to Europe, the EU offered to provide more trade and stronger transport links to the gas producers and transit countries involved.

    Three key nations – Kazakhstan, Turkmenistan and Uzbekistan – refused to sign the text, diplomatic sources told the AFP news agency.

    ‘New silk road’

    Mirek Topolanek, the Czech prime minister, said the aim to open up a “southern corridor” for supplies was “not just a one-way street for pipelines.”

    He said: “We envisage this as a new silk road where we’ll see the flow of information, goods, people and energy in both ways.”

    Representatives from the United States, Russia and Ukraine also attended the summit as observers to the agreement.

    Dosya:Nabucco Gas Pipeline-tr.svg

    Iraq, which was also invited to the meeting, did not send any officials.

    The summit was called to help kick-start the Nabucco pipeline, which would link the EU to gas rich nations on and beyond the Caspian Sea, bypassing Russia and Ukraine.

    The pipeline, which once completed would stretch 3,300km from Turkey to Austria, could transport up to 31bn cubic metres of gas each year to western Europe.

    It is hoped that it will start pumping gas to Europe by 2014.

    The EU is keen to speed up the construction of the pipeline after a dispute between Russia and Ukraine in January over gas prices left large areas of Europe without  supplies of the resource for two weeks.

  • CALIFORNIA: KREKORIAN INTRODUCES AB 961 IN SACRAMENTO PUNISHING THOSE DOING BUSINESS WITH TURKEY OR AZERBAIJAN !!!:

    CALIFORNIA: KREKORIAN INTRODUCES AB 961 IN SACRAMENTO PUNISHING THOSE DOING BUSINESS WITH TURKEY OR AZERBAIJAN !!!:

    Dostlar,

    Birgun donup dolasip gelecegi nokta buydu…

    Eger bu Ermeni yasasi Sacramento’da gecerse Turkiye ve Azerbaycan ile ticaret yapan firmalar suclu sayilacak ve ceza odeyecek. Buyurun bakalim.  Yillar suren sessizligimize, “Bana ne canim, baskalari yapsin” zihniyetine bicilen aci bir fiatdir bu.

    180px Sacramento Capitol

    Asagida Karahan Mete’nin yazdigi ilk ve tek mektup. Bu is birkac kisinin isi degil, butun toplumun isi.  Hatta, Turkiye’mizin de isi.

    Neye uzuluyorum en cok biliyor musunuz?

    Su satirlari yazdigim anda Kaliforniya’nin en buyuk Turk Festivali’nin acilisinin yapilmasina 3 gun kalmis. Costa Mesa’daki Orange County Fair alanina duzinelerce Turk marangoz, asci-sef, ve is adami gelmis. Kaliforniya otelleri Turk dolu.  Hepsi ticareti nasil patlatiriz diye umut ve heyecan dolu dolu gelmisler.  Halbuki Sacramento’daki bir Ermeni “kardesimiz” onlar icin, bizler icin, hepimiz icin daragaclarini hazirliyor, hem de benim kesemden verdigim vergilerimle!

    Bizim toplum ise masallah misil misil uykuya devam.

    Allah rahat uykular versin.

    Baska ne denir?

    Ergün KIRLIKOVALI

    TURKISH FORUM DANISMA KURULU UYESI

    BILL NUMBER: AB 961 INTRODUCED

    BILL TEXT

    INTRODUCED BY

    Assembly Member Krekorian

    FEBRUARY 26, 2009

    An act to add Article 14 (commencing with

    Section 10485) to

    Chapter 2 of Part 2 of Division 2 of the Public

    Contract Code,

    relating to public contracts.

    LEGISLATIVE COUNSEL’S DIGEST

    AB 961, as introduced, Krekorian.

    Public contracts: state contract

    eligibility: genocidal regimes.

    Existing law authorizes contracting between state agencies and

    private contractors and sets forth requirements for the procurement

    of goods and services by state agencies and the various

    responsibilities of state agencies and the Department of General

    Services in implementing state contracting procedures and policies.

    Existing law prohibits a scrutinized company, as defined, that is

    involved in specified activities in Sudan, from entering into a

    contract with a state agency for goods or services, subject to

    specified requirements and exemptions.

    This bill would prohibit a scrutinized company, as defined, that

    was engaged in business with perpetrators of genocide, from entering

    into a contract with a state agency for goods or services. The bill

    also would require a prospective bidder for those state contracts,

    that currently or within the previous 3 years has had business

    activities or other operations outside of the United States, to

    certify that the company is not a scrutinized company and would

    impose civil penalties, as specified, for a company that provides a

    false certification.

    The bill would allow the Director of General Services, under specified

    conditions, to permit a scrutinized company to enter into state contracts

    for goods and services.

    Vote: majority. Appropriation: no.

    Fiscal committee: yes.

    State-mandated local program: no.

    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. Article 14 (commencing with Section 10485) is added to

    Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to

    read:

    Article 14. Prohibition on Contracts with Companies that Aided

    Genocidal Regimes 10485. For purposes of this article, the

    following definitions apply:

    (a) “Genocide” means any of the following events:

    (1) The atrocities committed by the Ottoman and

    Turkish governments against Armenians from 1915 to 1923,

    inclusive, which constituted the Armenian Genocide, and the

    massacres of Armenians committed by the Ottoman Empire from

    1894 to 1909, inclusive.

    (2) The Holocaust committed by Nazi Germany against Jews from 1938

    to 1945, inclusive, and the persecution and massacre of Roman,

    Slavic, Polish, Soviet, disabled people, homosexuals, and political

    and religious dissidents by the Nazi regime.

    (3) The oppression, forced labor, and murder of the Cambodian

    people by the Khmer Rouge regime from 1975 to 1979, inclusive.

    (4) The aggression and ethnic cleansing committed by the Rwandan

    Hutu majority against minority Rwandan Tutsis that constituted the

    Rwandan genocide of 1994.

    (5) The aggression and ethnic cleansing committed by elements of

    the Bosnian Serb army against the people of Bosnia and Herzegovina

    from 1992 to 1995, inclusive.

    (b) “Scrutinized company” means a company, and any affiliates of

    that company, that was engaged in business with the perpetrators of

    genocide and that still holds looted or deposited assets of a victim

    of a genocide or his or her heirs.

    10485.5. (a) A scrutinized company is ineligible to, and shall

    not, bid on or submit a proposal for a contract with a state agency

    for goods or services.

    (b) (1) Notwithstanding subdivision (a), the Director of General

    Services may permit a scrutinized company, on a case-by-case basis,

    to bid on or submit a proposal for a contract with a state agency for

    goods or services, if it is in the best interests of the state to

    permit the scrutinized company to bid on or submit a proposal for one

    or more contracts with a state agency for goods or services.

    (2) In making this determination, the Director of General Services

    may consider attempts by a scrutinized company to settle claims

    against it by a victim of genocide, or his or her heirs, or evidence

    refuting those claims presented by the scrutinized company.

    10486.

    (a) A state agency shall require a company that submits a

    bid or proposal with respect to a contract for goods or services,

    that currently or within the previous three years has had business

    activities or other operations outside of the United States, to

    certify that the company is not a scrutinized company.

    (b) A state agency shall not require a company that submits a bid

    or proposal with respect to a contract for goods and services to

    certify that the company is not a scrutinized company if the company

    has obtained permission to bid on or submit a proposal for a contract

    with a state agency pursuant to subdivision (b) of

    Section 10485.5.

    10486.5. (a) If the Department of General Services determines

    that a company has submitted a false certification under Section

    10486, the company shall be subject to all of the following:

    (1) The company is liable for a civil penalty in an amount that is

    equal to the greater of two hundred fifty thousand dollars

    ($250,000) or twice the amount of the contract for which a bid or

    proposal was submitted.

    (2) The state agency or the Department of General Services may

    terminate the contract with the company.

    (3) The company is ineligible to, and shall not, bid on a state

    contract for a period of not less than three years from the date the

    state agency determines that the company submitted the false

    certification.

    (b) The Department of General Services shall report to the

    Attorney General the name of the company that the Department of

    General Services determined had submitted a false certification under

    Section 10486, together with its information as to the false

    certification, and the Attorney General shall determine whether to

    bring a civil action against the company. The company shall pay all

    costs and fees the plaintiff incurred in a civil action, including

    costs incurred by the state agency and the Department of General

    Services for investigations that led to the finding of the false

    certification and all costs and fees incurred by the Attorney

    General.

    10487. (a) If any one or more provision, section, subdivision,

    paragraph, sentence, clause, phrase, or word of this act or the

    application thereof to any person or circumstance is found to be

    invalid, illegal, unenforceable, or unconstitutional, the same is

    hereby declared to be severable and the balance of this act shall

    remain effective and functional notwithstanding such invalidity,

    illegality, unenforceability, or unconstitutionality.

    (b) The Legislature hereby declares it would have passed this act,

    and each provision, section, subdivision, paragraph, sentence,

    clause, phrase or word thereof, irrespective of the fact that any one

    or more provision, section, subdivision, paragraph, sentence,

    clause, phrase, or word be declared invalid, illegal, unenforceable,

    or unconstitutional.

    Letter sent by Karahan Mete, TP&J COM. IN CALIFORNIA:

    Turkish Peace and Justice Committee    California

    P. O. Box. 866 Sacramento, CA   95812–866 Tel: 530 297-1655 [email protected]

    AB 961***

    California Assembly member Kerkorian introduced bill AB 961.

    Simple and plain evaluation for AB 961 is: the bill basically forbids the company for betting on California government contracts if they are doing business with countries that proved or assumed to be contributed to holocaust, genocide or atrocity. In his definition, every country in the world can be accused of contributed atrocity and be barred from California government contracts. His first line of the accused countries are Germany, Italy, Austria, France, Pollen, Russia, Cambodia, Rwanda, Serbia, Turkey etc.

    While United States is struggling with huge trade deficits that cannot be sustained for a long period of time, introducing such a very poorly prepared bill will be very destructive for the US economy.

    About the US / Turkish trade relation;

    • US have trade surplus with Turkey.
    • Turkey imports from US is twice as much its export in US
    • US is Turkey’s second largest trade partner after the EU
    • Turkey buys everything from US, from potato chips to computer chips.
    • From seeds to agricultural products.
    • Turkey imports large amounts of grain, rice, corn and others
    • Turkey imports machinery parts and buys engineering and consulting services.
    • Turkey buys almost all the military equipments and parts from US
    • Turkey buys commercial and military aircraft and parts from US.
    • Some of the large utility companies involved for building energy power-plant in Turkey
    • Tourism industries rapidly growing between two countries. US hotel chains are operating hotels and resorts in Turkey.
    • Some of the California satellite-launching companies are negotiating with Turkey for getting multimillion dollar contracts.

    All these companies and others that are doing profitable business with Turkey will be barred from California Government contracts according to AB 961. This same unethical policy will be applied to countries stated in this bill (Germany, Italy, Austria, France, Pollen, Russia, Cambodia, Rwanda, Serbia, Turkey etc.).

    AB 961 is written so poorly that it will scrutinize any business and it will create out-of-control lawsuits that might cost hundreds of millions of dollars from US Companies and strain their competitiveness. In addition, AB 961 will create massive bureaucracy and position state department to undertake imposable tasks.

    At a time when all the trade organizations, Federal and state agencies are working diligently trying to improve US trade, it is hard to understand a lawmaker to take such drastic and unnecessary steps to cause distress in US economy.

    While this bill is an insult to these countries, they can take their businesses somewhere else (another country or States). AB 961 does nothing on these countries stated in this bill but will instead harm the US and California economy. Eventually, this bill will widen US trade deficits and cost US taxpayer millions of dollars, cause job losses and increase unemployment….

    In addition, we all support human rights, democracy and justice, and this bill does not contribute to world human rights, democracy or justice. On the contrary, this bill creates an unjust state of affairs for our own US Companies to compete in the world market.

    Furthermore, the AB 961 subject matter is an international state of affair. State should not be interfering or passing laws that contradict United States international affairs.

    We respectfully ask you to take all the necessary steps to prevent this destructive act against US companies and prevent devastation in US and California economy.

    Respectfully yours,

    Karahan Mete

    [email protected]

    (530) 297-1655

  • MASSIVE ARMENIAN DEFEAT AT THE HIGHEST COURT IN EUROPE

    MASSIVE ARMENIAN DEFEAT AT THE HIGHEST COURT IN EUROPE


    (Kirlikovali’s note: I thank www.TurkishForum.com for letting me know about this fact.)

    ARMENIANS LOSE THE MAJOR COURT CASE AGAINST EUROPEAN PARLIAMENT AND BEAR THE COURT COSTS

    Case: Grégoire Krikorian and Others v European Parliament and Others

    Verdict:

    1. The action by Armenians against The European Parliament is dismissed.

    2. The applicants shall bear the costs. . .

    ——————————————————————————–

    C-18/04 Order of 13/09/2004, Krikorian and others (Unpublished)

    C-18/04 Order of 29/10/2004, Krikorian and others (Unpublished)

    C-19/04 Order of 13/09/2004, Krikorian and others (Unpublished)

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    IMPORTANT LEGAL NOTICE – The information on this site is subject to a. disclaimer and a copyright notice

    Notice for the OJ

    Order of the Court (Fourth Chamber) of 29 October 2004 in Case C-18/04 P: Grégoire Krikorian and Others v European Parliament, Council of the European Union, Commission of the European Communities 1

    (Appeal – Non-contractual liability of the Community – Action for damages – Appeal in part manifestly inadmissible and in part unfounded)

    (Language of the case: French)

    In Case C-18/04 P: Grégoire Krikorian, residing in Bouc-Bel-Air (France), Suzanne Krikorian, née Tatoyan, residing in Bouc-Bel-Air (France), Euro-Arménie ASBL, established in Marseille (France), (avocat: P. Krikorian), the other parties to the proceedings being European Parliament (Agents: A. Baas and R. Passos), Council of the European Union, (Agents: S. Kyriakopoulou and G. Marhic), Commission of the European Communities (Agents: C. Ladenburger and F. Dintilhac) – APPEAL pursuant to Article 56 of the Statute of the Court of Justice, brought on 16 January 2004 – the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur) and J.N. Cunha Rodrigues, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, made an order on 29 October 2004, the operative part of which is as follows:

    1. The appeal is dismissed.

    2. The appellants shall bear the costs of the appeal.

    ____________

    1 – OJ C 94, 17.4.2004.

    IMPORTANT LEGAL NOTICE – The information on this site is subject to a disclaimer and a copyright notice.

    Notice for the OJ

    Appeal brought on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association against the order made on 17 December 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission and against the order made on 17 December 2003 by the President of the Court of First Instance in Case T-346/03 R G. Krikorian and Others v Parliament, Council and Commission between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities

    (Case C-18/04 P)

    An appeal against the order made on 17 December 2003 by the First Chamber of the Court of First Instance in Case T-346/03 (G. Krikorian and Others v Parliament, Council and Commission) and against the order made on 17 December 2003 by the President of the Court of First Instance in case T-346/03 R (G. Krikorian and Others v Parliament, Council and Commission) between G. Krikorian and Others and the Parliament, the Council and the Commission of the European Communities was brought before the Court of Justice of the European Communities on 16 January 2004 by Mr G. Krikorian, Mrs S. Krikorian (née Tatoyan) and the Euro-Armenia Association.

    The appellants claim that the Court should:

    1. set aside in its entirety the order made on 17 December 2003 and notified by registered letter received on 6 January 2004, by which the Court of First Instance of the European Communities (First Chamber), in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission, dismissed, pursuant to Article 111 of its Rules of Procedure, the appellants’ action for damages on the ground that it was manifestly lacking any foundation in law;

    set aside in its entirety the order made on 17 December 2003 and notified by registered letter received on 6 January 2004, by which the President of the Court of First Instance, in Case T-346/03 G. Krikorian and Others v Parliament, Council and Commission, held that as a consequence there was no longer any need to adjudicate on the application for interim measures; allow all the forms of order claimed at first instance and, as a consequence:

    (a) declare that the Resolution of 18 June 1987 by which the European Parliament acknowledged the historic reality of the Armenian genocide – perpetrated by the “Young Turk” Government in 1915 against 1 500 000 innocent Armenian victims – and considered modern Turkey’s failure to acknowledge it an insurmountable obstacle to consideration of Turkey’s accession to the European Union, an act giving rise to legitimate expectations on the part of European citizens of Armenian origin and thus on the part of the appellants, has binding legal force with regard to the European Community;

    hold that by their complete failure to draw political and legal consequences from the abovementioned resolution, the European Parliament, the Council of the European Union and the Commission of the European Communities have committed a sufficiently serious infringement of Community law, which is to the detriment of the appellants;

    order the three abovementioned Community institutions jointly and severally liable to pay each of the appellants the sum of EUR 1 (one euro) by way of damages in respect of the non-pecuniary damage caused to them by that infringement of Community law, attributable to the Community institutions;

    In the alternative,

    Having set aside the two contested orders in their entirety:

    refer the case back to the Court of First Instance for adjudication;

    hold that the Court of First Instance will be bound as regards any points of law decided by the Court of Justice and, in particular, as regards the binding legal force, for the defendant institutions, of the European Parliament’s resolution of 18 June 1987, which gave rise to a legitimate expectation on the part of the appellants that the Community institutions would adhere to the terms of that resolution;

    In any event,

    order the Community institutions jointly and severally to pay the costs.

    Pleas in law and main arguments

    • Procedural irregularities which have prejudiced the appellants’ interests:

    in dismissing the appellants’ action for damages, the Court of First Instance infringed Article 111 of its Rules of Procedure;

    in ordering the appellants to pay the costs, the Court of First Instance infringed Article 87(3) of its Rules of Procedure, and its order is also vitiated by inadequate reasoning;

    consideration of the contested order further shows an infringement of Articles 6(1) and 13 of the European Convention on Human Rights and Article 1 of the First Protocol thereto, as well as a breach of the principle of effective judicial protection;

    • Infringement of Community law: in making the contested order, the Court of First Instance infringed the principles of the protection of legitimate expectations, of legal certainty and of acquired rights.

    Notice for the OJ

    Order of the Court (Fourth Chamber) of 29 October 2004 in Case C-18/04 P: Grégoire Krikorian and Others v European Parliament, Council of the European Union, Commission of the European Communities 1

    (Appeal – Non-contractual liability of the Community – Action for damages – Appeal in part manifestly inadmissible and in part unfounded)

    (Language of the case: French)

    In Case C-18/04 P: Grégoire Krikorian, residing in Bouc-Bel-Air (France), Suzanne Krikorian, née Tatoyan, residing in Bouc-Bel-Air (France), Euro-Arménie ASBL, established in Marseille (France), (avocat: P. Krikorian), the other parties to the proceedings being European Parliament (Agents: A. Baas and R. Passos), Council of the European Union, (Agents: S. Kyriakopoulou and G. Marhic), Commission of the European Communities (Agents: C. Ladenburger and F. Dintilhac) – APPEAL pursuant to Article 56 of the Statute of the Court of Justice, brought on 16 January 2004 – the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur) and J.N. Cunha Rodrigues, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, made an order on 29 October 2004, the operative part of which is as follows:

    1. The appeal is dismissed.

    2. The appellants shall bear the costs of the appeal.

    Therefore the below Judgement from the Court of First Instance still Stands. However, I would like the Judges Reasoning FOR THE APPEAL which is in French ONLY to be translated to English and I would hope you being in Canada could arrange that. The only problem is the Appeal Decision Reasoning was not Published and I would assume you would need to get a hold of that from actual books or transcripts from the Court and not from the Web site. Therefore the below Judgement of the Court fo First Instance Still Stands

    ORDER OF THE COURT OF FIRST INSTANCE

    17 December 2003 (1)

    (Non-contractual liability of the Community – Action manifestly lacking any foundation in law)

    In Case T-346/03,

    Grégoire Krikorian, residing in Bouc-Bel-Air (France),

    Suzanne Krikorian, residing in Bouc-Bel-Air,

    Euro-Arménie ASBL, established in Marseille (France),

    represented by P. Krikorian, lawyer, applicants,

    European Parliament, represented by R. Passos and A. Baas, acting as Agents, with an address for service in Luxembourg,

    Council of the European Union, represented by S. Kyriakopoulou and G. Marhic, acting as Agents,

    and

    Commission of the European Communities, represented by F. Dintilhac and C. Ladenburger, acting as Agents, with an address for service in Luxembourg,

    defendants,

    APPLICATION for compensation for the non-material damage suffered by the applicants on account of, inter alia, recognition of Turkey’s status as a candidate for accession to the European Union,

    THE COURT OF FIRST INSTANCE

    OF THE EUROPEAN COMMUNITIES,

    composed of: B. Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro, Judges,

    Registrar: H. Jung,

    makes the following

    Order

    Facts and procedure

    1. By application lodged at the Registry of the Court of First Instance on 9 October 2003, the applicants brought this action for damages in which they seek compensation for the harm caused to them by, inter alia, recognition of Turkey’s status as a candidate for accession to the European Union, although that State has refused to acknowledge the genocide perpetrated in 1915 against the Armenians living in Turkey.

    2. The applicants claim that the Court of First Instance should: – declare that the resolution of the European Parliament of 18 June 1987 on a political solution to the Armenian question (OJ 1987 C 190, p. 119) (the 1987 resolution) has binding legal force in respect of the European Community;

    – declare that the defendants are in serious breach of Community law to the prejudice of the applicants;

    – order the defendants to pay each of the applicants the sum of EUR 1 in damages;

    – order the defendant to pay the costs, assessed at EUR 30 000, plus interest.

    3. In a separate document, lodged at the Registry of the Court of First Instance on 9 October 2003, the applicants applied for interim measures seeking, in particular, suspension of the procedure for examining the Republic of Turkey’s candidature for accession to the European Union by the defendant institutions and asking that resumption of that procedure be made conditional on prior acknowledgement by that State of the abovementioned genocide.

    Law

    Arguments of the parties

    4. According to the applicants, the first element giving rise to the non-contractual liability of the Community is the fact that, at its meeting in Helsinki (Finland) on 10 and 11 December 1999, the European Council officially recognised the Republic of Turkey’s status as a candidate for accession to the European Union, but did not make that accession conditional on the prior acknowledgement by that State of the abovementioned genocide. Moreover, they note that the Republic of Turkey enjoys an accession partnership, which provides in particular for significant assistance to enable that State to begin the irreversible process of accession. They refer in that connection to several documents, including Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy, and in particular on the establishment of an Accession Partnership (OJ 2001 L 58, p. 1), Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre-accession financial assistance for Turkey and amending Regulations (EEC) No 3906/89, (EC) No 1267/1999, (EC) No 1268/1999 and (EC) No 555/2000 (OJ 2001 L 342, p. 1) and Council Decision 2001/235/EC of 8 March 2001 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Turkey (OJ 2001 L 85, p. 13).

    5. The defendant institutions therefore blatantly failed to have regard to the 1987 resolution. In that resolution, the Parliament declared that the Turkish Government’s refusal to acknowledge that genocide constituted an insurmountable obstacle to the examination of the Republic of Turkey’s possible accession.

    6. According to the applicants, the 1987 resolution is a legal act which, in the same way as recommendations and opinions, can produce legal effects (Case C-322/88 Grimaldi [1989] ECR 4407. In this case, the 1987 resolution has or is intended to have legal effects going beyond the internal organisation of the Parliament’s work (Joined Cases T-222/99, T-327/99 and T-329/99 Martinez and Others v Parliament [2001] ECR II-2823). In that resolution the Parliament intended publicly to lay down a special condition for the Republic of Turkey’s accession, namely the prior acknowledgement by that State of the genocide in question. Moreover, the words used in the resolution leave no room for ambiguity as to the intention of that Community institution.

    7. The applicants note in that connection that, since the entry into force of the Single European Act on 1 July 1987, the Parliament had the power under Article 237 of the EEC Treaty, since repealed, to object to the Republic of Turkey’s accession; they state that the requirement of the assent of the Parliament is now laid down in Article 49 of the Treaty on European Union. They point out that the 1987 resolution was published – and therefore brought to their knowledge – after that date, namely on 20 July 1987.

    8. It follows that the 1987 resolution gave rise to a legitimate expectation on their part that the Parliament would, if necessary, exercise its right of veto on the Republic of Turkey’s accession or, more generally, that that institution would object to examination of the Republic of Turkey’s candidature as long as the latter had not acknowledged the genocide in question. The situation noted in paragraph 4 above constitutes an infringement of that legitimate expectation.

    9. The applicants therefore claim that, since the Community set itself an obligation of conduct and an obligation as to the result to be achieved, the mere fact that there has been a failure to have regard to the requirements of the 1987 resolution suffices to prove a sufficiently serious breach of Community law.

    10. The applicants also rely on an infringement of several fundamental rights, including the right not to be subjected to inhuman or degrading treatment and the right to respect for private life, laid down in Articles 3 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950.

    11. Finally, the applicants claim that, as members of the Armenian community and descendants of survivors of the genocide in question, they have suffered non-material damage.

    12. In that respect, they state that the conduct of the defendant institutions is an affront to their dignity, in view of the fact, as they claim, that the memory of the victims of that genocide and the concern for historical truth are an integral part of the dignity of all Armenians. Moreover, since that genocide is an integral part of the history and identity of the Armenian people, the identity of the applicants is itself irreparably affected by the conduct of the defendant institutions. Finally, calling into question the reality of the abovementioned genocide brings about marginalisation and a feeling of inferiority within the Armenian community. Thus the attitude of the Republic of Turkey has the effect of ostracising the applicants, since they are regarded as second-rate victims. Those circumstances result in the applicants’ harbouring feelings of deep injustice, which also prevents them from completing the mourning process satisfactorily.

    Findings of the Court

    13. Under Article 111 of the Rules of Procedure of the Court of First Instance, where an action is manifestly lacking any foundation in law, the Court of First Instance may, by reasoned order and without taking further steps in the proceedings, give a decision on the action. In the light of the application, the Court of First Instance considers that it is able to give a decision on the substance of the present action, without hearing the observations of the defendant institutions and without opening the oral procedure.

    14. It is settled case-law that, for the Community to incur non-contractual liability within the meaning of the second paragraph of Article 288 EC a number of conditions must be satisfied, namely the illegality of the conduct alleged against the institutions, the fact of damage and the existence of a causal link between the alleged conduct and the damage complained of (Case 26/81 Oleifici Mediterranei v EEC [1982] ECR 3057, paragraph 16; Case T-175/94 International Procurement Services v Commission [1996] ECR II-729, paragraph 44; Case T-336/94 Efisol v Commission [1996] ECR II-1343, paragraph 30; and Case T-267/94 Oleifici Italiani v Commission [1997] ECR II-1239, paragraph 20).

    15. If any one of those conditions is not satisfied, the entire action must be dismissed and it is unnecessary to consider the other conditions for non-contractual liability on the part of the Community (Case C-104/97 P Atlanta v European Community [1999] ECR I-6983, paragraph 65).

    16. In this case, the applicants plead, essentially, two circumstances capable of giving rise to the non-contractual liability of the Community, namely recognition of the Republic of Turkey’s status as a candidate for accession to the European Union by the European Council at Helsinki on 10 and 11 December 1999, and the fact that that State enjoys a European Union accession partnership.

    17. As regards recognition of the Republic of Turkey’s status as a candidate for accession to the European Union, it must be stated that that is the result of an act of the European Council, which is not an institution of the Community within the meaning of Article 7 EC. As has been noted at paragraph 14 above, only the conduct of an institution of the Community can give rise to the non-contractual liability of the Community. In those circumstances, the argument that recognition of the Republic of Turkey’s status as a candidate for accession to the European Union gives rise to liability on the part of the Community must be rejected.

    18. As regards the fact that the Republic of Turkey enjoys a European Union accession partnership, the applicants rely on the argument that the conduct of the defendant institutions is unlawful because it is contrary to the 1987 resolution.

    19. It suffices to point out that the 1987 resolution is a document containing declarations of a purely political nature, which may be amended by the Parliament at any time. It cannot therefore have binding legal consequences for its author nor, a fortiori, for the other defendant institutions.

    20. That conclusion also suffices to dispose of the argument that the 1987 resolution could have given rise to a legitimate expectation, on the part of the applicants, that the institutions would comply with that resolution (see, to that effect, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 59, and Joined Cases C-213/88 and C-39/89 Luxembourg v Parliament [1991] ECR I-5643, paragraph 25).

    21. As regards the alleged breach of fundamental rights (see paragraph 10 above), it is sufficient to note that the applicants merely claim that such a breach took place, without explaining how that follows from the conduct of the defendant institutions complained of in this case.

    22. For the sake of completeness, it should be pointed out, first, that the applicants have manifestly not shown that the requirement of a causal connection is satisfied in this case.

    23. It is settled case-law that there must be a direct link of cause and effect between the fault allegedly committed by the institution concerned and the damage pleaded, the burden of proof of which rests on the applicant (Case T-220/96 EVO v Council and Commission [2002] ECR II-2265, paragraph 41, and the case-law cited). Moreover, the wrongful conduct of the institution concerned must be the direct and determining cause of that damage (orders of the Court of First Instance in Case T-614/97 Aduanas Pujol Rubio and Others v Council and Commission [2000] ECR II-2387, paragraph 19; Joined Cases T-611/97, T-619/97 to T-627/97 Transfluvia and Others v Council and Commission [2000] ECR II-2405, paragraph 17; and Case T-201/99 Royal Olympic Cruises and Others v Council and Commission [2000] ECR II-4005, paragraph 26, confirmed on appeal by order of the Court of Justice of 15 January 2002 in Case C-49/01 P Royal Olympic Cruises and Others v Council and Commission, not published in the ECR).

    24. In this case, it appears from the arguments put forward by the applicants that the alleged non-material damage is the result of the refusal by the Turkish Government to acknowledge the genocide in question rather than of the conduct of the defendant institutions complained of. In those circumstances, the applicants have not in any way shown that the conduct of the defendant institutions complained of is the direct and determining cause of the alleged damage.

    25. Secondly, as regards the requirement that the applicants must have suffered actual and certain damage, the applicants clearly confined themselves in their application to relying in general terms on non-material damage caused to the Armenian community, without giving the least indication as to the nature or extent of the damage which they consider they had suffered individually. Therefore the applicants have supplied no information that would enable the Court to find that the applicants in fact suffered actual and certain damage themselves (see, to that effect, Case T-99/98 Hameico Stuttgart and Others v Council and Commission [2003] ECR II-2195, paragraphs 68 and 69).

    26. In those circumstances, the applicants have manifestly not shown that the conditions under which the Community will incur non-contractual liability are satisfied.

    27. It follows from the foregoing that the claims for compensation are manifestly unfounded.

    Costs

    28. In accordance with Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings.

    29. However, in the present case, pursuant to Article 111 of the Rules of Procedure, the order is made before the defendants have lodged their defence and had the opportunity to apply for costs. It is therefore necessary to apply Article 87(3) of the Rules of Procedure, according to which the Court of First Instance may order the costs to be shared where the circumstances are exceptional.

    30. Since the applicants have been unsuccessful, they must be ordered to pay the costs.

    On those grounds,

    THE COURT OF FIRST INSTANCE,

    hereby orders:

    1. The action is dismissed.

    2. The applicants shall bear the costs.

    Luxembourg, 17 December 2003.

    H. Jung , Registrar

    B. Vesterdorf, President