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Davis Report Retains All Unacceptable Articles

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  • Davis Report Retains All Unacceptable Articles

    DAVIS REPORT RETAINS ALL UNACCEPTABLE ARTICLES

    Azg/arm
    19 Nov 04

    Armenian Deputies to PACE Grieving

    On November 17 PACE new reporter on Nagorno Karabakh David Atkinson
    represented his report at the session of PACE Commission on Political
    Issues in Paris. The session was chaired by deputy from Russia
    Mikhail Margelov who represented the issue. The session discussed the
    changes suggested by the deputies.

    Armenian deputy at PACE Tigran Torosian suggested 5 possible changes
    only two of which were accepted. A formulation in the 7th article
    saying that the International Court of Justice should examine whether
    Armenia has violated Azerbaijan's territorial wholeness was removed.

    Terry Davis' preliminary report's 7th article read: "In case
    negotiations within the Minsk group framework turn futile, thenā=80¦
    Armenia and Azerbaijan may turn to the International Court of Justice
    as there is a legalistic argument whether Armenia violated
    Azerbaijan's territorial wholeness for defending the right of
    self-identification of Karabakh people or not".

    It's puzzling why the Armenian side considered this very article a
    potentially dangerous one. During last few years Armenia has been
    constantly repeating that Karabakh has never been within the
    boundaries of independent Azerbaijan and that the League of Nations
    did not recognize the Azeri state of 1918-20 because the latter tried
    to join the League with Karabakh behind. Yerevan agreed on finding a
    legal solution for the issue.

    The second change of the Armenian side that was accepted has to do
    with the 11th article which deals with spreading hatred by means of
    mass media. They suggested to remove the equals sign between Armenian
    and Azeri mass media as regards spreading hatred. Now this article
    reads: "The Assembly condemns any call for violence by means of
    Armenian and Azeri media".

    Three more suggestions of the Armenian side were turned down. "It was
    obvious that some representatives' choice to vote for Azeris was
    dictated from above and as result our 3 changes were rejected",
    Torosian said. An "explanation" issued right after the session by the
    Department of Contacts with Public ofthe National Assembly of Armenia
    does not name the states voted for Azerbaijan.

    There were several unacceptable formulations in Davis' report (we do
    not use the term "Atkinson's report" as Mr. Atkinson has only edited
    Davis' report - T.H.) that still retain. In particular terms like
    "ethnic exile" and "appearance of homogeneous ethnic territories". But
    the most unacceptable one was the last sentence in the first article
    that the Armenian side could not force to remove. It reads: "A
    considerable part of Azerbaijan's territory isstill occupied by
    Armenian armed forces and the separatist forces are still in control
    over Nagorno Karabakh".

    The second article repeats that occupation of a CE state's territory
    by another CE state is a violation of CE regulations. In fact, Armenia
    is charged with occupation of Azeri lands. Probably the UN General
    Assembly will accept a formula about "the present state Azerbaijan's
    occupied territories".

    Neither Atkinson's report nor UN's formula have juridical power,
    therefore are not forcible but are important from political and
    propaganda aspects.

    By Tatoul Hakobian
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