Source: Published in The Armenian Observer weekly, March 24, 2010, page 4

An unprecedented case is being tried in the Armenian courts. For the first time ever a lawsuit against the denial of the Armenian Genocide within Armenia has been brought against an Armenian non-governmental organization. The “ARARAT” Center for Strategic Research is suing the Yerevan-based “Caucasus Institute” Foundation for publishing a book that contains an explicit denial of the Armenian Genocide. That a Yerevan-based Armenian organization would think of publishing denialist material is shocking enough. Yet, even more troubling is the handling of this case by the Armenian courts, which have implied that it is permissible to publicly deny the Armenian Genocide in Armenia.

According to the court case filed by the “ARARAT” Center, the “Caucasus Institute” published a book in Yerevan in 2008 entitled “Caucasus Neighborhood: Turkey and The South Caucasus,” which also includes an article by a Turkish expert, Aybars Görgülü. In the said article the author disputes the historical fact of the Armenian Genocide committed in the Ottoman Empire and Western Armenia in 1893-1923 by using explicit statements and enclosing the word genocide in quotation marks. In one passage of the article we read the following:

“Turkey felt aggrieved that Armenia accused Ottoman Turkey of having committed a genocide about which serious doubts remain and intense discussion is still going on.”

In his article Görgülü also uses the expressions “‘genocide’ claims” and “‘genocide’ allegations” numerous times as he decries the international recognitions of the Armenian Genocide:

“On the other hand, even the EP, let alone the parliaments of leading EU member countries such as Germany, France, Belgium, Greece, Italy and Netherlands, adopted the ‘genocide’ allegations.”

So why would any self-respecting Armenian think of publishing this pseudo-academic regurgitation of the Turkish denialist propaganda in Yerevan? According to the director of the “Caucasus Institute” Alexander Iskandaryan, those in Armenia must know what their neighbors think. Mr. Iskandaryan must be reminded that the Diaspora’s decades-long familiarity and ongoing reintroduction to these Turkish “viewpoints” have cost the Diaspora Armenians millions of dollars in various education initiatives on genocide prevention, denial interdiction and efforts to counter campaigns of outright political lobbying by Turkey’s denialist allies. Perhaps the director of the “Caucasus Institute” thinks that the Diaspora should not be the only theater of the denialist Turkish propaganda war and their brethren in Armenia should also savor the taste of this “Turkish delight”? In that case, Mr. Iskandaryan should also communicate his “progressive” ideas regarding this matter to the Israelis so that they too publish the viewpoints of the Nazi henchmen and the Ahmedinejads of this world on the Holocaust.

Asked to Publicly Retract Statement

These same thoughts must also have baffled the director of the “ARARAT” Center Armen Ayvazyan, who has requested that the court compel the “Caucasus Institute” to publicly retract the false statements found in this book, prohibit any further use of the word genocide in quotation marks, and further dissemination of all copies of the book as well as order the payment of a symbolic one Armenian Dram for moral damage.

The outcome of this court case directly affects the national security of Armenia, because denial, as unanimously acknowledged by lawyers and genocide scholars, is the continuation of genocide. Here is what the “Genocide Watch”, a well-respected international organization focusing on the problem of genocide, states regarding this matter:

“Denial is the eighth stage that always follows a genocide. It is among the surest indicators of further genocidal massacres. The response to denial is punishment by an international tribunal or national courts.”

A similar view is expressed by the President of the International Association of Genocide Scholars Gregory Stanton:

“Denial is the final stage of genocide. It is a continuing attempt to destroy the victim group psychologically and culturally, to deny its members even the memory of the murders of their relatives. That is what the Turkish government today is doing to Armenians around the world.”

As a logical consequence of this view, genocide denial has been criminalized in a number of countries. For example:

• In 2007 the Court of Lausanne of Switzerland sentenced the leader of the Party of Turkish Workers Dogu Perinchek to 90 days of provisional imprisonment and sentenced him to pay 3000 Swiss francs, because he had been found guilty of publicly denying the Armenian Genocide.
• In 1995 a French Court ordered Bernard Lewis to pay moral damages for denying the Armenian Genocide in the Le Monde newspaper and publish a retraction of his statement.

As renowned philosopher Bernard-Henry Levi states, “… Deniers are not merely expressing an opinion; they are perpetrating a crime.” Clearly, Alexander Iskandaryan has not read this quote; otherwise, he would know to distinguish valid scientific discussion from criminal propaganda. The lawsuit brought by the ARARAT Center for Strategic Research outlines how this offense directly damages vital national security interests of the Republic of Armenia, in particular:

• The denial of the Armenian Genocide is the continuation and integral part of the genocidal policy adopted by Turkey against the Armenians; i.e. it is implemented within the framework of a long-term general plan to ultimately destroy the Republic of Armenia and the Armenian nation and is an explicit and dangerous hostile act against vital interests of Armenia.
• By denying the Armenian Genocide, Turkey is trying to kill the historical memory of Armenians, deprive them from the political experience achieved at an ineffable and immense price and prevent the authorities of the Republic of Armenia from adopting correct strategic decisions in foreign policy and, in particular, in her policy towards Turkey.
• The denial of the Armenian Genocide is aimed at the ratification and legalization of the consequences of the Genocide, particularly, expropriation and deportation of Armenians from their homes, as well as the colonization of the cultural heritage of the Armenian people by the Turks.
• By denying the Armenian Genocide Turkey maligns the Republic of Armenia and the whole Armenian nation, impertinently accusing them of propagating lies, racial enmity and hatred. Thus, Turkey and its servants compromise the Republic of Armenia at the international level, insult the honor and the national dignity of the whole Armenian nation.

Considering that denial is the continuation of genocide, given the existence of legal precedents of prosecuting genocide denial in foreign courts and the obvious threats that the denial of the Armenian Genocide poses to Armenia’s national security, one would assume that this case would have been a no-brainer for the Armenian courts. Yet, this has not been the case. At every stage of the process this case has been met with challenges and impediments.

The Court Said That There Was Not Enough Evidence

After accepting the case for trial in the Armenian court system, the Court of First Instance determined in December of 2009 that there was not enough legal basis for trying the case, thus, denying the plaintiff his right to a fair trial. Specifically, Judge Karine Petrosyan ruled that the use of the word genocide in quotation marks does not constitute a matter of dispute and, consequently, the case must be dismissed. First, one wonders why the case was accepted for trial if there was no dispute to start with. Second, perhaps we should address Karine Petrosyan henceforth as “Honorable” Judge, or Honorable “Judge”, or both, since her ruling implies that it is not offensive. Furthermore, what the “Judge” missed is the fact that the case did not reside solely on the objection to the use of the word genocide in quotation marks, but it also challenged explicit denial of the Armenian Genocide, as quoted above. It must also be noted that this “Judge” had also failed to name the appropriate body that has the authority to hear this case, as is mandated by the Armenian law in instances when the court is not the appropriate venue. This and other glaring omissions by the Court of First Instance formed the basis for “ARARAT” Center’s appeal to the Court of Appeal. Unfortunately, the Armenian Court of Appeal could not see the gaping holes in the decision of the Court of First Instance and in March of 2010 upheld the latter’s decision. According to Armen Ayvazyan, the “ARARAT” Center is going to appeal to the final authority, Armenia’s Court of Cessation, and, if necessary, go all the way to the European Court of Human Rights.

Something Is Seriously Wrong With the Entire Armenian Legal System

Let us stand back for a moment and try to grasp the reality: the Armenian Genocide has been denied in Armenia and the Armenian courts of justice have only condoned this denial by their posture. If denial can take place thanks to a mere legal technicality, then something is seriously wrong with the entire Armenian legal system. Clearly, the sloppy and incompetent manner in which this case was handled by the Armenian courts also betrays the political meddling of Armenian authorities in these Judges’ decisions. Some senior officials, such as the head of the National Assembly’s Commission on State and Legal Affairs Davit Harutyunyan, were so brazen as to claim that strengthening the punishment of the denial of the Armenian Genocide in Armenia will harm the ongoing Turkish-Armenian negotiations. As a result, now a legal precedent that encourages the blatant denial of the Armenian Genocide in Armenia is being forged.

The Diaspora spends millions around the world combating genocide denial, forcing major publications to overturn their policy of using “so-called genocide” or enclosing the word genocide in quotation marks. What is the value of that effort if the Armenian Genocide can be openly denied in Yerevan and an Armenian Judge may say that the word genocide may be used in quotation marks? Wouldn’t the editors of The Economist refer to this ruling in Armenia to justify their refusal to drop quotation marks or call the Armenian Genocide by its name? As if emboldened by this impunity, the “Caucasus Institute” invited the very same author who had written this article to Yerevan. Only 2 weeks after the decision of the Court of First Instance genocide denier Aybars Görgülü arrived in Yerevan to participate in a seminar behind closed doors. What’s more, the head of Yerevan’s Armenian Genocide Museum-Institute Hayk Demoyan attended the same seminar. One wonders what Mr. Demoyan discussed with a genocide denier behind closed doors. Perhaps, the “Caucasus Institute” and Alexander Iskandaryan next will invite the infamous Justin McCarthy during the centennial of the Armenian Genocide to be the key-note speaker at an event commemorating the “Armenian-Turkish Mutual Massacres of 1915” attended by Yerevan’s ultra-progressive beau monde. If we do not want to witness this, we all should ensure that this seminal case reaches its successful conclusion.

Stepan Sargsyan

“ARARAT” Center for Strategic Research

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