Law 10:52 25/10/2017 World

Harut Sassounian: European Court finds Catholicosate’s suit inadmissible; and could not be appealed

The Armenian Catholicosate of Cilicia (headquartered in Antelias, Lebanon) filed a lawsuit on April 25, 2015, against the government of Turkey seeking the return of its historic seat in Sis (present-day Kozan district of the Adana Province) which was confiscated in 1921.

The first of its kind lawsuit was filed in the Constitutional Court of the Turkish Republic because the claim raised issues of property rights that lower courts would not have jurisdiction to overturn the maze of laws adopted by Turkey in 1915 and succeeding years. At the recommendation of the Justice Ministry of Turkey, the Constitutional Court referred the Armenian Church lawsuit to the lower courts. The lawyers for the Catholicosate of Cilicia, however, decided to appeal the case directly to the European Court of Human Rights (ECHR) in Strasbourg, France, on December 8, 2016.

The issue of sidestepping submission of the Catholicosate’s lawsuit to a lower court in Turkey is critical in view of the requirements of the European Court of Human Rights that before any case is brought to the ECHR, all local legal remedies must first be exhausted, starting with the lowest court and ending with the highest court of the country being sued.

On October 19, 2017, addressing the conference of the Armenian Cause in the European Parliament in Brussels, His Holiness Catholicos Aram I of the Great House of Cilicia criticized the single judge from ECHR who had rejected the Armenian Church’s lawsuit finding it inadmissible. Until this announcement, there was no news about the status of the lawsuit. I contacted the ECHR headquarters in Strasbourg inquiring about the Armenian Church’s claim. I was informed that a single judge indeed has the authority to reject any lawsuit, which in this case was not first submitted to a lower court in Turkey in order to exhaust all local remedies, and that the letter of rejection was sent to the Catholicosate in March 2017. More ominously, I was told by ECHR that the judge’s decision could not be appealed!

I then contacted Payam Akhavan, a member of the Catholicosate’s legal team and Professor of International Law at McGill University in Montreal, Canada, inquiring why no announcement was made earlier by the Catholicosate regarding the rejection of the lawsuit six months ago. Prof. Akhavan explained that the ECHR judge had sent the letter to the wrong address! The Catholicosate then wrote to that judge “expressing serious concern on miscarriage of justice; that a single judge could throw out what was clearly a well-argued case, and waited until recently for a standard response that there is no appeal, and the decision is final.”

In his Brussels speech on Oct. 19, 2017, Catholicos Aram the First harshly condemned the ECHR for rejecting the Church’s lawsuit: “Why would the European Court of Human Rights so easily reject our case knowing that no lawyer would dare to bring such a case before the Turkish courts? How could a single judge throw out a 900-page Application, historically and legally well substantiated by some of the best international lawyers? Why was our legal team not given a chance for a hearing? Is everybody now afraid to confront Turkey’s appalling record of human rights violations? We are astonished and, in fact, deeply disappointed at this miscarriage of justice, particularly at this crucial juncture of modern history when Europe is expected, in faithfulness to its values and principles, to consider justice above geopolitical interests…. Europe is essentially a community of values, not merely political and economic interests. Therefore, I still hope that the European Court of Human Rights will reconsider the admissibility of the case on the basis of justice and human rights. In spite of the denial of justice, the Armenian people will continue to struggle for justice.”

Prof. Akhavan called the ECHR judge’s decision “scandalous.” He then added in his email to me: “By the measure of several highly experienced ECHR lawyers, this decision is totally unacceptable. It shouldn’t be forgotten that our counsel was Tim Eicke QC [Queen’s Counsel], who is now the British judge on the ECHR. He of course is conflicted from involvement in the case, but there is a sense among many that the Court is too afraid of confronting post-coup Turkey with such controversial cases.”

Prof. Akhavan also stated that the next steps for this lawsuit “are either to re-submit the case with some new facts such as the impossibility of going back to the Turkish courts under current circumstances, or to go back to the Turkish courts, waste a lot of resources, and come back to the ECHR once again. It is a ludicrous decision because everybody knows that is exactly what will happen. It is a hot potato the ECHR doesn’t want to handle….”

In conclusion, I would suggest that the Catholicosate of Cilicia make public the complete files of its lawsuit, including the 600-page submission to the Turkish Constitutional Court and its response, and the 900-page filing to the European Court of Human Rights and its response. After all, this is not a private lawsuit, but one dealing with the Armenian nation’s property demands from Turkey!

By Harut Sassounian
Publisher, The California Courier
www.TheCaliforniaCourier.com



Source Panorama.am
Share |
Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

17:15
Armenian authorities in no rush to leave EAEU, says senior Russian MP
The Armenian authorities will hardly rush to leave the Eurasian Union (EAEU), claims Russian MP Konstantin Zatulin, the deputy chairman of the...
16:45
It's been the hardest year of my life, Prince William says
The Prince of Wales has described the past year as the "hardest year" of his life. Speaking to reporters at the end of his visit...
16:36
Armenia inclined towards cooperation with Russia, former PM says
Armenia is inclined towards cooperation with Russia, former Prime Minister Tigran Sargsyan said at the Valdai Club debates on Friday. When...
16:14
Dozens of French politicians call for boycott of COP29, demand release of Armenian hostages
Around three dozen French politicians have urged the French government to boycott the upcoming COP29 UN climate summit in Baku and demanded the...
15:34
Yerevan court allows cleric to visit Armen Ashotyan
A Yerevan court on Friday allowed Archbishop Arshak Khachatryan to visit opposition politician Armen Ashotyan who is currently under house...
15:12
Serzh Sargsyan trial judge to challenge his dismissal in ECHR
Judge Vahe Misakyan, who acquitted former Armenian President Serzh Sargsyan earlier this year, plans to challenge his dismissal in the European...
14:36
Conference League: Chelsea defeats FC Noah 8-0
FC Noah suffered a crushing 0-8 defeat to Chelsea in the Conference League on Thursday.  "A tough loss in London....
14:14
Yerevan theater employees stage sit-in
Employees of Yerevan’s Goy Theater on Thursday resumed a sit-in outside the Gabriel Sundukyan State Academic Theater, demanding the...
13:33
Trump's second term will be different, expert says
Donald Trump's second presidency will look nothing like the first, political analyst Suren Sargsyan claims. “Times and realities...
12:46
Israeli football fans attacked in Amsterdam
Assailants attacked Israeli soccer fans in Amsterdam on Thursday, with the Dutch prime minister vowing those responsible would be “tracked...
12:34
Armenia's Gyumri heading for snap elections
Snap municipal elections will be held in Armenia’s second largest city of Gyumri. In a statement on Friday, Knarik Harutyunyan, the...
12:05
Reducing sugar in first 1,000 days of life may protect against chronic diseases, study says
A study published on Friday in the journal Science found that reducing sugar in the first 1,000 days after conception – through...
11:30
Armenian sends 20 players to European Individual Chess Championship
The European Individual Chess Championship 2024 is being held in Petrovac, Montenegro from 7-20 November. The championship is an...
11:15
Iran to develop relations with neighbors regardless of US election results, leader says
Iran plans to expand partnership with neighboring and Islamic countries regardless of whom America elected as its new leader, TASS...
11:00
Pashinyan, Macron meet in Budapest
Armenian Prime Minister Nikol Pashinyan and French President Emmanuel Macron met in Budapest on Thursday. The meeting was held on the...
17:03
Senator Jadot urges French government to boycott COP29 in Baku
French Senator Yannick Jadot has called on the French government to boycott the COP29 UN climate summit in Baku. “COP29...
16:32
Deputy FM: Armenia hopes for full normalization with Turkey
Armenia hopes for full normalization of relations with Turkey, including the opening of their shared border, Deputy Foreign Minister Vahan...
16:03
Analyst: Trump and Biden only US presidents who held no meetings with Pashinyan
Donald Trump and Joe Biden have become the only U.S. presidents who have held no meetings or phone calls with Armenian Prime Minister Nikol...
15:31
Temperatures to rise in Armenia next week
Clear weather is expected in all parts of Armenia on Thursday and in the next few days. The capital Yerevan will also see rainless...
15:14
Russia sees preconditions for improvement of South Caucasus situation
Russian Security Council Secretary Sergei Shoigu says that Moscow sees prerequisites for improvement of the situation in the South...
14:36
Armenia to take €236 million loan from EIB for North-South road construction
The European Investment Bank (EIB) is lending €236 million to Armenia to finance the construction of the Sisian-Kajaran road. The...
14:06
Armenia seeks to intensify talks with Azerbaijan, deputy FM says
Deputy Foreign Minister Vahan Kostanyan says that Armenia and Azerbaijan have not yet finally agreed on all terms in the bilateral peace treaty....
13:30
US pushing Armenia to 'suicide', Russian intelligence says
The US is determined to force Armenia down an anti-Russian path and towards “national suicide,” the Russian Foreign Intelligence...
13:00
Turkey's Erdogan visits Budapest for EPC summit
Turkish President Recep Tayyip Erdogan and his wife Emine Erdogan on Wednesday travelled to Budapest, Hungary, to attend the fifth summit of the...
12:36
Armenian government approves Mesrop Mesropyan's candidacy for PSRC head
The Armenian government on Thursday approved the candidacy of Mesrop Mesropyan as the new head of the Public Services Regulatory Commission...
12:08
Opposition MP: Armenian leadership has illusions about normalization with Turkey
Armenia’s authorities have illusions about building relations with Turkey, a country whose leader called Azerbaijani victory in the 2020...
11:38
15 cutting-edge Apple devices for Byblos Bank Armenia Mastercard Digital cardholders
Byblos Bank Armenia, in partnership with Mastercard, has launched a new campaign featuring a giveaway of 5 iPhone 16 Pros, 5 Apple Watch SE (2nd...
11:33
Lawmakers express grave concerns about U.S. participation in COP29 in Baku
Senator Roger Wicker (R-MS), Senator John Cornyn (R-TX), and Senator Thom Tillis (R-NC), along with Congressman Gus Bilirakis (R-FL),...
11:15
Trump's election victory likely upends all criminal cases against him
Donald Trump's presidential victory is also a win as he seeks to resolve his four criminal indictments. His win may largely free Trump...
11:00
Leopard again caught on camera in Armenia's Zangezur Biosphere Complex
A female leopard, named Misty, has again been caught on camera in Armenia's Zangezur Biosphere Complex, WWF Armenia reported....

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}