Category: Authors

  • Catholicosate of Cilicia Refiles Lawsuit Against Turkey

    Catholicosate of Cilicia Refiles Lawsuit Against Turkey

    In 2015 the Catholicosate of Cilicia (headquartered in Antelias, Lebanon) filed a lawsuit against the government of Turkey seeking the return of its historic seat in Sis, Turkey (present-day Kozan district of the Adana Province), which was confiscated in 1921.

    The Catholicosate had initially filed its lawsuit directly with the Constitutional Court of Turkey because the claim raised issues of historical property rights that lower courts would not have jurisdiction over. At the urging of the Justice Ministry, the Constitutional Court referred the lawsuit to a lower court. The Catholicosate then appealed the ruling to the European Court of Human Rights in 2016. The European Court rejected the Catholicosate’s 900-page lawsuit in 2017, finding it inadmissible because it had not first exhausted all local legal remedies, such as the lower courts in Turkey.

    Therefore, the Catholicosate refiled its lawsuit in 2019, this time with a lower Turkish court in Kozan (Sis). After two postponements due to the coronavirus pandemic, a pre-trial hearing finally took place on March 30, 2021 in the Kozan Civil Litigation Court to decide whether a viable cause of action existed to proceed to trial.

    The Catholicosate’s lawsuit against the Municipality of Kozan and the Turkish government’s Treasury Department is being defended by a group of international law experts, as well as Turkish lawyer Jem Sofouoghlu and Turkish Armenian lawyer Setrag Davouthan, who is serving as a consultant.

    The Istanbul-based Jamanak Armenian newspaper reported that according to attorney Sofouoghlu the March 30 hearing was intended to clarify the applicant’s qualifications and authorizations and the possibility of the expiration of the statute of limitations. The Municipality of Kozan and the Treasury Department presented their counter-evidence claiming that the applicant does not have standing — is not a legal entity — and is a foreign litigant. The defendants also stated that, before the hearing could proceed, the applicant as a foreign entity must provide a letter of guarantee corresponding to 15% of the demand’s value, as required by the Turkish legal system. Sofouoghlu was quoted by Jamanak telling the Judge that the Catholicosate had already submitted the required documents to the court. The Judge agreed to go ahead and consider the substance of the lawsuit, meaning that the court rejected the objections raised by the Municipality and Treasury Department, and ruled that the lawsuit could definitively proceed. The next hearing is scheduled for May 6, 2021. Sofouoghlu said that he considers this a very positive development.

    Now the trial will go through several presumable phases. Sofouoghlu anticipates that the court will first assemble the evidence presented by the Catholicosate of Cilicia. For this purpose, the corresponding work will be carried out through the official archives and property registers at governmental bodies. The investigative-exploratory phase then follows the collection of evidence. According to Sofouoghlu, the court, most probably later on, will reach the conclusion that it will be necessary to appoint an expert to carry out this task. Such experts are usually academics from one of the universities in the Adana region. Even though the courts always have the authority to carry out this work on their own, they prefer to appoint an expert.

    At the end, should the Catholicosate’s lawsuit be rejected, as expected, by the lower Turkish Court, it will then be appealed to the Constitutional Court of Turkey and after its probable rejection there, a new, and this time proper, appeal could be filed in the European Court of Human Rights which hopefully will not dismiss it because of a technicality.

    Even though this lawsuit is filed by the Catholicosate of Cilicia to recover its historic seat, it is in fact much more significant than this particular case. The lawsuit is related to the Armenian nation’s larger efforts to pursue its legal demands for the return of all properties and assets confiscated by the Turkish government during the Armenian Genocide of 1915-1923. As Catholicos Aram I has rightly pointed out: “This is the time that we move from the stage of [Genocide] recognition to reparation.” He told the New York Times in May 2015: “After 100 years, I thought it was time that we put the emphasis on reparation. … This is the first legal step. This will be followed by our claim to return all the churches, the monasteries, the church-related properties and, finally, the individual properties.”

  • Ukraine’s another Church dissent is on edge

    Ukraine’s another Church dissent is on edge

    Zelensky
    Photo credit: press-office of Vladimir Zelensky

    The Ukrainian Orthodox Church has blamed Volodymyr Zelensky for pressure by the authorities. Its followers hoped to end persecution with the new Ukrainian President coming to power. Yet, Zelensky who stayed away from the Church affairs during the first months of his presidential term is taking on the course on further Church dissent started by the former Ukrainian President Petro Poroshenko.

    Back in 2019, 49 parliamentarians requested from the Constitutional Court of Ukraine to cancel the controversial draft law “On renaming the Ukrainian Orthodox Church”. This religious organization was obliged to change its name to “Russian Orthodox Church in Ukraine” in order to indicate that it was allegedly “governed by an aggressor country”.

    This bill was passed two years ago. The document was part of a larger strategic plan by President Petro Poroshenko to create an “independent church.” He won the support of Patriarch Bartholomew of Constantinople and then gathered the dissenters together, promising them the role of the leading religious group in the country. This explains why the Orthodox Church of Ukraine has become so powerful.

    But the majority of Ukrainians, followers of the Ukrainian Orthodox Church, did not want to join the Orthodox Church of Ukraine, so the government organized persecutions against them and the canonical church. Moreover, it legalized the takeover of its temples widely known in the world.

    In October 2020, Volodymyr Zelensky with his spouse made a visit to Istanbul to hold a meeting with Bartholomew I of Constantinople. The Ukrainian President made it clear that the Ukrainian authorities will support further expansion of the Orthodox Church of Ukraine. The reaction of dissenters was swift: they announced a new wave of temple seizure making everyone believe that the power was again on their side. The courage that Ukraine has not seen since Poroshenko’s days in the office.

    According to local Ukrainian experts, Bartholomew, who officially calls himself a peacemaker of all Christian world is in fact supporting the religious dissent in Ukraine.

    The Ukrainian authorities, who claimed that the index of religious freedom in the country is equal to the one in Belgium (according to Andrei Yurash, the head of the Religion Division of the Ministry of Culture, this indicator was 3,2 in February, 2021, that points to the high level of religious tolerance), are also fueling the national protests in the country with their hypocritical and at times irrational policy.

  • Shameful Story of Wounded ArmenianSoldier Ignored, Denied Medical Care

    Shameful Story of Wounded ArmenianSoldier Ignored, Denied Medical Care

    Shameful Story of Wounded ArmenianSoldier Ignored, Denied Medical Care

    I read the heartbreaking experience of an Armenian soldier who was wounded in the recent Artsakh War and repeatedly denied medical treatment in Armenia. This is so shameful. The Armenian government should see to it that young men, who risked their lives to defend the homeland, have their wounds treated without any bureaucratic hassles and rude refusals.

    Simon Hovhannisian, a soldier wounded in the 2020 Artsakh War, wrote an open letter in Armenian, published by Hetq (an investigative journal in Armenia) on April 3, 2021, describing how he was turned away from numerous medical facilities when he sought treatment. Regrettably, his nightmarish experience is not unique. Many other wounded soldiers have faced similar inexcusable difficulties when seeking treatment.

    Hovhannisian wrote that on October 3, 2020 he went to the military center in Yerevan and volunteered to fight in the war. On Oct. 25, having received the proper authorization, he was transferred to the Mardakert military unit in Artsakh and served on the frontline from Oct. 27 to November 18.

    On Nov. 10, shortly before the ceasefire, he was hit by missile shrapnel. During the next eight days, he tried to contact military officials seeking medical assistance for him and other soldiers. Facing indifference, he tried on his own to go to the military regiment. On the way, he encountered an ambulance and convinced the driver to take him and two others to a medical facility to get help. They were referred to the temporary hospital in Drmbon village, where he was told that he suffered a contusion. However, since there was nothing they could do for him, they suggested that he go to Yerevan.

    Hovhannisian finally arrived in Yerevan after paying 45,000 drams (around $90) from his own pocket. He went to the military unit there, explained his situation, presented the documents and sought assistance to be admitted to a hospital. The military unit told him: “You are no longer registered with us. It is not our job. Go to the Military Commissariat.” The Commissariat in turn told him: “You are no longer in the service. You have to go to a civilian clinic.”

    At the civilian clinic, he was told: “We do not have the appropriate specialist for your ailment. The ear, nose and throat specialist will return from his vacation in a month. Come back, he will check you. We don’t even know where else to refer you to.”

    At the Commissariat, he was told: “My boy, I am already telling you for the second time, you are not on our list. Go to a civilian hospital.”

    At the privately-owned Asdghig hospital, he was told: “You need to be seen by several specialists. If you need the state to cover your medical bills, then bring a document that you have government insurance. We will then serve you.”

    He then went to the Kanaz hospital where he was told: “Your document from the Commissariat is old. Go get a new document, so we can give you fresh papers.”

    At the Commissariat he was told: “Come back in two days to pick up your new document.” When he went back, the hospital told him: “You are already discharged from the military. We can’t give you such a document and can’t examine you.”

    Tired of the run-around, the wounded soldier went to the Nayiri private hospital. After the examination, he learned that he had a contusion, loss of hearing, and concussion.

    He paid for the medicines and the examination. He then found out that he was eligible for several government programs that could have offered him free medicines and medical care. He was also told that he could have applied for free military care for the handicapped.

    So he applied to the Ministry of Social Services which promptly rejected his application. They said: “You are not on the list of the Defense Ministry.” He then phoned the Ministry of Social Services, explaining his problem. He was told to call another phone number. After two days of no one answering the hotline, he was given a third phone number. He called that number the whole day. Finally, in the evening, someone answered, and rudely said: “Why are you calling me? I do not deal with such matters.”

    He called back the hotline. They told him: “Call the Defense Ministry.” No one answered there. He called the Defense Ministry’s Treatment Center. No answer. He sent an email. Again, no answer!

    He then called the Military Commissariat. They told him: “Brother, why haven’t we received your papers from Artsakh until now confirming where you were?” He told them his whole story all over again. They replied: “We will inquire and call you.” They never called back!

    He called again the Defense Ministry’s Treatment Center. He was told: “Give us the hospital’s medical evaluation, so we can add you on our list.” He responded that he could not provide that document since the hospital had refused to treat him. They told him to go to the Military Commissariat. He applied there one last time and asked for their assistance. He was told: “We have received no papers, all questions remain unanswered. If you want to solve your problem, go to Mardakert, pick up your documents and come back.”

    The wounded soldier then wrote a letter to Antranig Kocharian, Chairman of the Parliament’s Defense and Security Committee, explaining his whole story. He received two ‘absurd’ phone calls saying: “Why did you write a letter? What is the problem?” He told them his story. They told him: “We need you medical evaluation.” He said he did not have it because they did not treat him. They told him: “We will call you,” but he never heard from them again.

    The wounded soldier ended his sad saga with the following powerful words: “Now what? What’s next? Where are you, officials? Wake up! It has been more than six months. There are thousands of other soldiers like me…. Whichever office you go to, sitting with legs crossed, they are drinking coffee, writing posts on social media, saying how patriotic we are, and expressing their regret: ‘Sorry boys, you died for us.’ How did it happen that you got blinded in the last day of the war and you don’t give a damn about anyone’s pain and problems? You are suggesting that this wounded soldier go to Mardakert and bring back documents. In addition to psychological and security problems, I ask you, don’t you see the degree of your cynicism? Are you telling the same things to the parents and relatives of lost soldiers or a badly handicapped volunteer with no documents? Please solve not only my problem, but those of all of us without any delay. Otherwise, we are the ones that will send you to hell and I hope that the public is with us on this issue.”

    This is very shameful. I am surprised that not a single Armenian official has apologized to this wounded soldier and others like him and arrange for their immediate medical care. Otherwise, when the next war happens, no young man will volunteer or want to serve in the army. Regardless of any partisan political issues, these wounded soldiers are the sons of our nation and they deserve the utmost care. They paid their dues to the homeland and now it’s the Armenian government’s turn to take care of them.

  • Saudi Arabia Should Sue TurkeyFor Stealing Prophet Muhammad’s Relics

    Saudi Arabia Should Sue TurkeyFor Stealing Prophet Muhammad’s Relics

    The Arab News published on March 28 an article titled, “Book by Saudi author unravels Ottoman atrocities in Madinah.” The book was written by Saudi historian Muhammad Al-Saeed who exposed Ottoman atrocities against the Muslim population of the holy city of Madinah in Saudi Arabia in 1918 when it was part of the Ottoman Empire.

    Al-Saeed, in his book, “Seferberlik: A Century on from the Ottoman crime in Madinah,” tells the seldom-known story of the deportation and killings of the population of Madinah by Ottoman General Fakhri Pasha. The city was pillaged and its holy relics looted by the Ottoman army.

    The journalist of the Arab News article, Mohammed Al-Sulami, explained that even though some historians use the Turkish/Arabic word ‘Seferberlik — meaning mobilization or collective deportation — when referring to the Armenian Genocide, this term is also used to refer to the mass displacement of the population from Madinah.

    Fakhri Pasha laid siege to Madinah when the city was under attack by the British-backed Arab fighters of Hussein bin Ali, the Sharif of Makkah. Fakhri Pasha deported 40,000 people from Madinah by trains to present-day Syria, Turkey, and Iraq, abandoning them to their fate. Only 140 residents remained in Madinah who suffered from famine.

    Furthermore, the Ottoman army removed the valuable personal effects of Prophet Muhammad from his sacred chamber and smuggled them to Constantinople (Istanbul). Fakhri Pasha converted the Prophet’s mosque into a weapons depot, thus endangering the tomb of the Prophet. Fakhri Pasha also demolished many buildings, starved the remaining population of Madinah and confiscated their possessions, such as farms and crops, reserving the food for his soldiers.

    “The stolen treasures arrived in Constantinople, the Ottoman Empire’s capital, and have been on display for many years at the Topkapi Museum,” author Al-Saeed said. The Arab News article explained that the stolen holy relics included “old copies of the Quran, jewelry, golden candlesticks and swords. Besides the 390 artifacts, visitors to the [Topkapi] museum can see the following possessions of Prophet Muhammad: the Blessed Mantle, the Holy Banner, his sword and bow, a jar, a piece of his tooth and a hair from his beard.”

    Al-Saeed also revealed that “Fakhri Pasha even attempted to have the body of Prophet Muhammad exhumed and shipped to Constantinople. An Egyptian engineer, who was summoned to Madinah to modify the minarets of the Prophet’s Mosque to support the weight of Ottoman artillery, claimed he was ordered to open the tomb, but he refused. Fakhri Pasha asked for his help to exhume the body of the prophet and move it to Constantinople, according to the historical documents written by the French representative in Cairo and sent to the Ministry of Foreign Affairs. The French representative vouched for the account of the Egyptian engineer, who fled the city and did not carry out the crime, thus confirming that the grave in question did indeed house the prophet’s body and the goal was to move the body to Constantinople.”

    Al-Saeed told the Arab News that “Madinah reached the point of famine, forcing its citizens and orphaned children to eat cats, dogs and what remained on the farms and in the streets.”

    Importantly, Al-Saeed said he wrote about the Ottoman Empire’s atrocities in Madinah “because he believes modern Turkey is trying to whitewash its imperial past. He plans to translate his book into several languages to raise awareness of this little-known chapter of Ottoman history.”

    Al-Saeed further said: “I wrote an article in 2015 about the passage of 100 years since this crime and provided details that few people knew about. Reactions to the article varied between people shocked at the information and those who could not believe it, given the Turkish publicity ahead of its publication which attempted to whitewash the Ottoman Empire’s ugliness and its heinous crimes against Arabs. The public was oblivious to the Ottoman crimes. Following the article, the idea of documenting the event was established, so that history would not forget it like other events in Arab history, particularly since the few historical sources that documented Seferberlik are in the Ottoman, English and French archives. Moreover, the sources of information are very limited and the grandchildren of those who were in Madinah at the time do not have many documents. A lot of the city’s inhabitants were displaced. Many of them did not return.”

    In a second publication, Saudi Arabia’s ‘Okaz’ newspaper, Saudi journalist Khaled Abbas Tashkandy, wrote in a 2017 article that “his own grandfather was one of the victims of the mass and forced displacement crimes of the people and sons of Madinah by the orders of the military governor Fakhri Pasha during the Seferberlik and how the Turkish soldiers broke into his family’s house and kidnapped him from his mother’s arms and deported him to Astana.” The Saudi journalist confirmed the details of the persecution of the people of Madinah by Fakhri Pasha and the looting of Prophet Muhammad’s personal effects.

    In a third publication, The NewArab published an article by Kemal Afzali on March 11, titled: “Saudis claim last Ottoman governor planned to ‘steal Prophet Muhammad’s body.’” This article “provoked uproar among Saudi social media users, many of whom believe it to be characteristic evidence of alleged Turkish animosity towards the Kingdom’s holy cities.” The Arabic hashtag #desecration_ of_the_prophets_grave has appeared in over 7,500 posts on Twitter and Facebook as of early March. Many Saudis have decried “the historic act of ‘Turkish blasphemy.’” Some have drawn parallels between Fakhri Pasha’s barbaric actions and Pres. Erdogan’s “contemporary support for ‘insurgent activity against Arab states.’” One social media post read: “Turks are a nation of thieves. They are bandits and criminals.”

    It is incomprehensible to me that the Kingdom of Saudi Arabia, after more than a Century, has not demanded that the Turkish government return the looted sacred relics of Prophet Muhammad. While Turkey brazenly demands that museums in other countries return antiques that were taken out of Turkey, even though many of these items are of Greek or Armenian origin, the Turkish government has not returned the stolen Saudi artifacts. Should Turkey refuse to do so, Saudi Arabia should file a lawsuit against Turkey in the World Court and publicize the Turkish theft worldwide.

    In the past, Turkey and Saudi Arabia enjoyed normal or friendly relations, but that is not the case now. Due to Pres. Erdogan’s dictatorial and military actions in some parts of the world, Turkey and Saudi Arabia are on the opposite sides of various disputes. As a result, Saudi Arabia has blocked the transmission of Turkish programs from its TV stations and has banned the import of Turkish products. This is the right time for Saudi Arabia to act more decisively against Turkey and demand the return of the sacred religious items belonging to the Kingdom. The display of Prophet Muhammad’s personal effects in a Turkish museum is an insult to all Arabs and all Muslims worldwide. These sacred items belong to Saudi Arabia.

  • Azerbaijan, a So-Called Ally of Israel, Friend of Jews, Betrays Israel at the UN

    Azerbaijan, a So-Called Ally of Israel, Friend of Jews, Betrays Israel at the UN

    For three decades, the government of Israel and Jewish-American leaders have been showering Azerbaijan with excessive and undeserved praise for its alleged tolerance for its Jewish community and friendship with Israel. There have been several visits by Israeli leaders and prominent Jewish-Americans to Baku, glorifying the government of Azerbaijan and flaunting the special affinity between them.

    This is hypocrisy of the highest form. The truth is that relations between Azerbaijan and Israel have nothing to do with the treatment of Jews in Baku. The two countries are basically engaged in mutual exploitation, ignoring all humanitarian and ethical concerns. Azerbaijan has purchased billions of dollars of advanced lethal weapons from Israel in exchange for the sale of Azeri oil to Israel, which imports 40% of its oil from Azerbaijan. It is disgraceful that descendants of the Holocaust are arming Azerbaijan to kill survivors of the Armenian Genocide for a fistful of dollars!

    Israel has two other reasons for maintaining good relations with Azerbaijan. The first is Israel’s interest in gathering intelligence on Iran and having access to Azerbaijan’s airfields in case of an Israeli attack on Iran’s nuclear stockpile. This is probably what Azerbaijan’s President Ilham Aliyev meant when he compared his country’s relations with Israel to an iceberg: “Nine-tenths of it is below the surface.” Israel’s second reason is to cultivate good relations with a Muslim country, given the Arab-Israeli conflict and its isolation from the Muslim world. However, in light of the recent rapprochement between Israel and several Arab nations, the value of Azerbaijan to Israel in this regard is diminishing.

    On the other hand, Azerbaijan expects to maximize its political interests in the United States by benefiting from the influence of Israel and Jewish-Americans in Washington, to counter the Armenian-American lobby.

    Nevertheless, Azerbaijan and Israel are concealing some of the irritants in their relationship. First of all, Israel has opened its Embassy in Baku in 1993, whereas Azerbaijan has refused to open its Embassy or even a Consulate in Israel, out of concern for its relations with Arab and Muslim nations, particularly Iran. This fact alone belies the supposed friendly relations between the two countries.

    Another contradiction is Azerbaijan’s anti-Israel votes and speeches at the United Nations and the Organization of Islamic Cooperation. Azerbaijan’s most recent critical action of Israel occurred at the United Nations Human Rights Council meeting in Geneva, Switzerland on March 18, 2021.

    The Simon Wiesenthal Center, a frequent apologist for Azerbaijan, quickly condemned the Azeri Representative’s remarks at the UN by harshly accusing Azerbaijan of committing “a virtual ‘blood-libel’ against the Jewish state.”

    Speaking on item 7 of the Council’s agenda, “human rights situation in Palestine and other occupied Arab territories,” Kamran Seyfullayev, Third Secretary at the Permanent Mission of Azerbaijan to the UN in Geneva, gave a three-minute speech on March 18, in which he severely criticized the treatment of Palestinians by the State of Israel. Here is what he said:

    “I have the honor to deliver this statement on behalf of the Non-Aligned Movement (NAM) [Azerbaijan’s President Ilham Aliyev is the Chairman of the movement which is composed of 120 countries].

    “For many years, the Non-Aligned Movement has maintained a firm position of solidarity with the Palestinian people and their just cause, and the condemnation of massive, flagrant and systematic violations of human rights and of international humanitarian law committed by Israel.

    “The NAM also underscores the need to continue providing political, economic and humanitarian support to assist the Palestinian people and to bolster their resilience and efforts aimed at achieving their legitimate national aspirations, including their inalienable right to self-determination and freedom in their independent State of Palestine.

    “We recognize and commend the efforts of the United Nations and its agencies and particularly the United Nations Relief and Works Agency for Palestine refugees in the Near East and the Committee of Exercise of the Inalienable Rights of the Palestinian people. The Movement encourages continuation of their support. The NAM takes note with appreciation of the report of the Secretary General presented to the 43rd Session of the Human Rights Council on the Israeli settlements in the occupied Syrian Golan.

    “The NAM expresses its grave concern at the continuing Israeli settlement policy and related activities, including the expansion of settlements, the expropriation of land, the demolition of houses, and the confiscation and destruction of property, which has changed the physical character and demographic composition of the occupied territories and the occupied Syrian Golan.

    “The General Assembly, the Security Council and the Human Rights Council have all confirmed that the construction and expansion of Israeli settlements and other related activities in the occupied Palestinian Territory and the occupied Syrian Golan are illegal under international law. The NAM is also deeply concerned over numerous UN official reports, particularly by the recent report of the Secretary General, which have reaffirmed the continued human rights violations of the Palestinian people by Israeli force, throughout the occupied State of Palestine.

    “In this regard, the NAM urges the international community to exert its pressure in order to cease immediately the continuation of this illegal trend by Israel which is a blatant violation of international law.

    “Furthermore, the NAM strongly believes that Israel, as the occupying power, has to be held accountable for its continued grave and systematic violations of both international human rights law and international humanitarian law in all occupied Arab territories, including Syrian Golan.

    “The NAM emphasizes that Israel, as the occupying power, should immediately release all Palestinian prisoners, particularly children and women. It should also cease serious violations of international law and fully lift the blockade of Gaza to remedy the ongoing punitive measures against the civilian population and release Palestinian children in detention in accordance with international standards, in particular the Convention on the Rights of the Child.

    “In conclusion, the NAM extends its full support to the Government of the State of Palestine in its ongoing efforts to put an end to the occupation of the land of the State of Palestine and realize the legitimate rights of the Palestinian people.”

    It is ironic that the Simon Wiesenthal Center officials, after years of kowtowing to Azerbaijan, repeatedly visiting that country, and praising it as a close friend of Israel, are now complaining about Baku’s harsh criticism of Israel. I hope Jewish and Israeli leaders realize that they have been fooled by Azerbaijan all these years and learn the valuable lesson that a wolf in sheep’s clothing cannot be trusted. They should also realize that, as the saying goes, when you go to bed with dogs, you wake up with fleas. Israeli and Jewish officials do not seem to have learned anything from their experience of being deceived by Turkey. After decades of backing Turkey, even going as far shamefully blocking the congressional recognition of the Armenian Genocide, Israeli and Jewish officials are now accusing Turkey of anti-Semitism and hostility to Israel. Armenians kept warning them for years, to no avail, not to trust Turkey and that they will be stabbed in the back when they least suspect it. In this vulgar game of mutual exploitation, Israelis and Jewish Americans got the short end of the stick. The same thing is happening now in their relations with Azerbaijan. It will only get worse, unless they quickly come to their senses.

    Not everything should be measured by oil, weapons and money. There is something much more valuable like humanity, justice and truthfulness than financial gain and self-interest. But in this selfish world, it is too much to expect such decent behavior!

  • Why Did the Superior Court RejectGovernor’s denial of Sassounian’s Pardon

    Why Did the Superior Court RejectGovernor’s denial of Sassounian’s Pardon

    Last month, California Superior Court Judge William C. Ryan rejected Gov. Gavin Newsom’s refusal to accept the Parole Board’s decision to release Hampig Sassounian from jail. I was under the wrong impression that the Governor’s decision on pardons was final and not subject to a review or reversal by the courts. It turns out that the law requires the Governor to consider “all relevant, reliable information available” and his parole decisions must not be arbitrary or capricious. This article is based on a copy of the Judge’s 19-page ruling.

    Hampig Sassounian, not related to this writer, was convicted on June 29, 1984 of first degree murder and sentenced to life without the possibility of parole, but was resentenced to a term of 25 years to life in 2002, making him eligible for parole. Sassounian assassinated Turkish Consul General Kemal Arikan in Los Angeles on January 28, 1982 when he was 19 years old. He is now 58.

    On December 27, 2019, the Board of Parole Hearings, found Sassounian suitable for release on parole. However, on May 25, 2020, Gov. Newsom rejected the Board’s decision based on the prisoner’s crime, “outsized political import,” and that his insight was “relatively new.”

    On August 14, 2020, Sassounian filed a petition to the Superior Court challenging the Governor’s reversal of the Parole Board’s decision. He argued that the Governor’s decision is not supported by evidence that he posed an unreasonable danger to society, if released. Sassounian also contended that the “Governor imposed an unlawfully heightened standard of parole suitability illegally founded upon the circumstances of Sassounian’s life crime.” He contended that there is no evidence that he lacked “insight” and “the Governor’s conclusion that Sassounian has not demonstrated insight ‘for a sufficiently long period’ is an illegal reason to deny parole.”

    On October 7, 2020, the court issued an Order to Show Cause. The Governor’s office filed its response on January 11, 2021, repeating the reasons why he refused parole for the prisoner. Sassounian then submitted his response on January 26, 2021 rejecting the Governor’s claims against him.

    Judge Ryan ruled that Sassounian’s record does not contain any evidence to support the Governor’s contention that he is not suitable for release on parole. In addition, the Judge found that the Governor used an improper standard when considering both the “import” of Sassounian’s offense and the notoriety of his victim, as well as the recency of his insight. Therefore, the Judge ordered the release of Sassounian from jail.

    Judge Ryan, in his verdict, mentioned Sassounian’s description of his background “as an Armenian born and raised until the age of 13 in Lebanon. During this time, they lived in an ‘active war zone and would routinely see dead bodies,’ including those of women and children. His father was an alcoholic who was often gone for weeks at a time, though Petitioner [Sassounian] had a good, loving relationship with his mother. He lived with his many siblings and extended family members, including his grandparents who were victims of the ‘Armenian Genocide.’ His grandmother often told Petitioner of how she lost her entire family to the genocide and that she only narrowly escaped death herself.”

    The Judge continued: “At 13, his [Sassounian’s] family immigrated to the United States to escape the violence in Lebanon, but the family dynamic remained challenging. They moved to Pasadena where there was a large Armenian population. He joined the Armenian Boy Scouts and the Armenian Youth Federation. This is where he met his crime partner, Krikor ‘Koko’ Saliba. They became friendly a year or two before the crime and would discuss politics and the history between Armenia and Turkey, including the genocide. They also noted and discussed that there were ‘a lot of political assassinations going on’ at the time. That is, ‘Armenians were assassinating Turkish diplomats in Europe mostly because they were angry that … after the genocide Turkey would deny the genocide…. Young Armenians were upset about this and — they thought that — Turkey should step up and acknowledge the genocide…and get into dialogue with the Armenian people or make peace with them.’ Because this was not happening, ‘young Armenians decided to resort to violence….[They had] given up that… peaceful dialogue with Turkey was… going to happen.’ During this time Petitioner [Sassounian] and his crime partner, who was a few years older than Petitioner, discussed going to Europe to carry out an assassination like they had been seeing take place. At some point, Arikan, however, made a public address calling all Armenians ‘liars’ and declared there was no Armenian genocide. Saliba showed Petitioner an article regarding Arikan’s statement. ‘Being the grandsons of survivors of the Armenian genocide, we took that to be very insulting. And we took very deep offense about that.’”

    Judge Ryan decided that “there is no evidence in the record to support the Governor’s finding of lack of insight, such the commitment offense of nearly 40 years is still probative of Petitioner’s current dangerousness.”

    The Judge challenged the Governor’s contention that Sassounian’s insight into his crime was “very recent.” Judge Ryan stated that “the case law establishes there is no predetermined amount of time an inmate must demonstrate or possess insight such that it is sufficient for the purposes of suitability.” The Judge ruled that “the insight standard the Governor used to guide his decision was incorrect… and held Sassounian to a different ‘arbitrary’ standard.”

    Regarding the issue of Sassounian being a danger to society, “the court notes that the psychologist found Petitioner to represent a low risk of violence upon release,” wrote the Judge. “Petitioner wrote a victim apology letter to Mr. Arikan’s family, friends, and colleagues, as well as one to the ‘Nation of Turkey, the Turkish government, and Turkish Communities of the World,’” stated Judge Ryan. “The court finds the Governor’s decision was both arbitrary and procedurally flawed,” ruled the Judge. He also noted that Sassounian “has comprehensive release plans for both the United States and Armenia.” This is in reference to Sassounian’s statement that he may relocate to Armenia after his release from prison.

    At the end, the Judge pronounced that Sassounian “committed a murder for which he has been appropriately punished…. The Governor’s reversal is vacated, the Board’s grant of parole from December 27, 2019, is hereby reinstated. The Board is directed ‘to proceed in accordance with its usual procedures for release of an inmate on parole unless within 30 days of the finality of this decision the Board determines in good faith that cause for rescission of parole may exist and initiates appropriate proceedings to determine that question.’” Gov. Newsom decided not to appeal the Judge’s ruling, allowing the pardon go into effect which would set Sassounian free shortly.

    In my opinion, violence is never justified regardless of the reason. Consul General Arikan was not guilty of committing genocide against the Armenian people. He was not even born during the genocide. Armenians have demands from the Government of Turkey, not individual Turks. Sassounian committed a crime for which he was punished by serving almost 40 years in jail. The complaints by the Turkish government about Sassounian’s release are not credible. The Turkish government pressured the Federal Government to urge Gov. Newsom in 2020 and previously Gov. Brown in 2017 to reject the Parole Board’s decisions to release Sassounian. Even less credible, not to say completely shameful, are the protests of the Azerbaijani government against Sassounian’s release. Azerbaijan awarded Azeri axe murderer Ramil Safarov the title of national hero for butchering an Armenian soldier while he was sleeping. Safarov served not a single day in jail in Azerbaijan after his extradition from Hungary.

    Finally, it is completely unacceptable that the Turkish Government would demand excessive punishment for an Armenian who murdered a Turk, while Turkey itself continues to deny the mass murder of 1.5 million innocent Armenians. Only after the Turkish government acknowledges the Armenian Genocide and makes appropriate amends for it, Armenians can consider apologizing for the murder of a single Turk!