Tag: Baroness Shreela Flather

  • Reply to Baroness Shreela Flather

    Reply to Baroness Shreela Flather

    Chamcha Girl in sariRe: your question and proposal to the House of Lords -16.06.2011
    House of Lords
    London SW1 OPW

    01/07/2011

    Dear Baroness Shreela Flather,

    The Ataturk Society of the UK has been astonished and dismayed to learn about
    your question and proposal regarding a possible timetable for the British
    Government to recognize the so called Armenian Genocide at the House of Lords on
    the 16th of June 2011. Whilst we appreciate your “right” to ask questions as a
    member of the House of Lords (not as an elected representative), we would like
    to bring the following facts to your attention regarding this matter.

    First of all can we remind you that there is no legal justification for such a
    recognition unlike the Holocaust or Bosnian massacres.

    As a historical event, it is a fact that Suzanne and Gregoire Krikorian took
    their case to the European Court of Justice in 2003 in reference to the so called
    Armenian genocide, and demanded moral and material compensation. However, they
    lost this court case on the 17th December 2003 and were ordered to pay the court
    expenses of 30,000 Euro for unfounded charges.

    This issue began with the passing of an ill conceived resolution C-190 of the
    European Parliament on 20th July 1987 that Turkey cannot become a member of EEC unless she recognizes the so called Armenian Genocide!

    Twelve years later, in 1999, Turkish Prime Minister Bulent Ecevit was
    negotiating with the EEC regarding Turkish candidacy and when the discussions
    were strained, the Turkish P.M. was invited to Helsinki talks. The Helsinki
    European Council decision was to officially invite Turkey into the E.U. Since
    than Turkey has been a candidate member and has many agreements with the EU,
    going back to 1963 Ankara Association Agreement).

    This invitation obviously did not go the way the Armenian Diaspora wanted and
    they opened a court case against:

    *         the European Parliament
    *         the European Union Association Council
    *         the European Commission

    at the European Court of Justice, with reference to the European Parliament’s
    resolution no. C-190, demanding that Turkey acknowledges so called Armenian
    Genocide before being offered membership status, otherwise EU’s contractual
    status would be impaired and therefore insisting on “Responsibility from the
    European Union outside of it’s commitments and without any judicial
    justification”.

    We would like to remind you that this court case was rejected by the First
    Division of the European Court of Justice on December 17, 2003 under decision
    number T-346/03, confirming that there is no legally accepted justification for
    so called ‘Armenian genocide’.

    Still unsatisfied the Armenian Diaspora applied to the “Court of Appeals” for
    the repeal of the referred decision. This application was heard by the Fourth
    Division of the European Court of Justice at the session dated 17.04.2004. It
    was rejected again under the clause No. C-18/04 and the Armenians were charged
    to pay the court expenses of 30,000 Euros.

    Dear Baroness Flather, we would like to ask you to reconsider your question to
    the House of Lords in the light of the evidence presented above and before
    taking a stance against the decisions of the European Court of Justice which is
    an authorised Court set up to deal with these kind of cases and is officially
    recognized by the UK Parliament.

    Turkish people have a right to request that you re-address the House of Lords
    regarding your question and put right the inaccuracies or injustices done to the
    Turkish Nation. We consider your action as biased and prejudiced, and also
    lacking in informed knowledge and the right facts of the matter.

    Yours sincerely,
    Betula Nelson
    Foreign Media Coordinator
    Ataturk Society UK
    London

    Extracts from the European Court of Justice decision number T-346/03;
    Clause 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).

    Clause 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.

    Original  reply in Turkish here by Refik Mor