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Doughty Street Chambers Published A Legal Opinion By Geoffrey Robert

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  • Doughty Street Chambers Published A Legal Opinion By Geoffrey Robert

    DOUGHTY STREET CHAMBERS PUBLISHED A LEGAL OPINION BY GEOFFREY ROBERTSON ON ARMENIAN GENOCIDE

    PanARMENIAN.Net
    03.11.2009 17:39 GMT+04:00

    /PanARMENIAN.Net/ Today, the law firm Doughty Street Chambers
    published a legal opinion by Geoffrey Robertson, QC, regarding the
    UK Government's long established view that there is insufficient
    evidence to consider the events of 1915 as genocide. Based on a
    thorough investigation of the written advice provided by the Foreign
    and Commonwealth Office to Ministers since 1997, the opinion concludes
    that the "advice [upon which the government's opinion is based]
    reflects neither the law on genocide nor the demonstrable facts of the
    massacres in 1915-1916, and has been calculated to mislead Parliament
    into believing that there has been an assessment of evidence and an
    exercise of judgment on that evidence.

    "In fact, the FCO's guidance papers and the government position they
    underpin have been formulated, so internal policy memoranda reveal,
    in a hitherto successful effort not to upset the "neuralgic" Turkish
    government. One internal 1999 memorandum further elaborates that that
    "HMG [the government] is open to criticism in terms of the ethical
    dimension. But given the importance of our relations (political,
    strategic and commercial) with Turkey, and that recognizing the
    genocide would provide no practical benefit to the UK or the
    few survivors of the killings alive today, nor would it help a
    rapprochement between Armenia and Turkey, the current line is the
    only feasible option".

    Turkey's decades-long campaign to silence research on, commemoration
    of and the political affirmation of the Armenian genocide in
    Europe and elsewhere has been a subject of controversy in recent
    years. No government in Europe, other than the British government,
    has actively supported Turkey's denial of the Armenian genocide. In
    a typical statement made in 2008 in the House of Lords, Lord Malloch
    Brown, speaking on behalf of the government, said that "neither this
    government, nor previous governments have judged that the evidence
    is sufficiently unequivocal to persuade us that these events should
    be categorized as genocide".

    In fact, successive FCO documents show that hardly any research has
    been done, that existing authoritative documents are systematically
    on the subject, including UN reports and the British Government's
    own reports are ignored while the same three US-based non-Turkish
    denialists are regularly marshaled as evidence of a "debate" within
    the academic community. The British government's position has led,
    in particular, to the bitterly ironic exclusion of the Armenian
    Genocide from the official "Genocide Memorial Day" commemorations
    organized by the British government from 2001 and to the boycott of
    the commemoration of the 80th anniversary of the Armenian genocide
    in by all members of the British government.

    The British government has also shown no interest in pressing for
    freedom of expression in Turkey on this mater, or for encouraging
    Turkey to come to terms with its past, in spite of the country's EU
    accession prospects and friendly relationship with the Britain. This
    legal opinion also refers to the agreement signed on October 14
    between the Republics of Turkey and Armenia to establish relations,
    which it terms a "welcome development". It mentions the protocol's
    provision to "implement a dialogue on the historical dimension"
    of the two countries' relations.

    The opinion concludes by regretting that "there is no recognition
    at all [on the part of the government] of the importance of nations
    acknowledging their past crimes against humanity or of supporting the
    descendents of victims who still, almost a century later, have to live
    with the consequences", suggesting that the contemporary relevance of
    the recognition of a past crime is self- evident to a prominent expert
    in international justice. The legal opinion appears as a searing
    indictment of the cynicism of the policy of a government willing
    to bend the facts to fit a cynical policy. The British government,
    arguably Turkey's closed ally in Europe, was ideally placed to help
    Turkey address a fundamental ethical issue in the context of its
    European accession process, but chose complicity instead.

    From: Emil Lazarian | Ararat NewsPress
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