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ARMENIANS SUE TURKEY CLAIMING U.S. AIR BASE LAND
Panorama
Dec 21 2010
Armenia
Over the years, Armenians have gradually shifted their attention from
the recognition of the Genocide to the pursuit of legal remedies for
their massive losses suffered between 1915 and 1923.
Several lawsuits have been filed recently in U.S. Federal
Courts against Western insurance companies and banks. In July,
Armenian-American attorneys sued the Republic of Turkey and its two
major banks, seeking compensation for confiscated properties and loss
of income.
A new federal lawsuit was filed last week by attorneys Vartkes
Yeghiayan, Kathryn Lee Boyd and David Schwarcz, along with
international law expert Michael Bazyler, against the Republic of
Turkey, the Central Bank, and Ziraat Bank for "unlawful expropriation
and unjust enrichment." The plaintiffs are Los Angeles-area residents
Rita Mahdessian and Anais Haroutunian, and Alex Bakalian of Washington,
D.C.
The three Armenian-Americans, who have deeds proving ownership of
properties stolen from their families during the Genocide, are seeking
compensation for 122 acres of land in the Adana region. The strategic
Incirlik U.S. Air Base is partly located on their property.
During the Genocide, the Turkish government initially placed all
properties belonging to Armenian victims under seal. Subsequently, it
directed the Ziraat Bank to hold all proceeds from the sale of seized
properties in trust and for safekeeping on behalf of the Armenian
owners. These properties were then transferred to the Turkish Treasury
and placed under the administration of the Central Bank. The lawsuit
accuses the Republic of Turkey, the Central Bank and Ziraat Bank of
unfairly benefiting from the plaintiffs' seized assets.
The three Turkish defendants are currently engaged in commercial
activities in the United States which grants jurisdiction to U.S.
courts. The Republic of Turkey operates several state-owned or
controlled enterprises in the U.S., such as the Turkish Airlines and
Tourism Information Office. Both the Central Bank and Ziraat Bank
also have offices in the United States.
In addition to seizing the Armenian plaintiffs' property, the Turkish
government has pocketed the rent paid by the United States for the
Incirlik Air Base during the past 60 years. The base is operated
by the Army and Air Force Exchange Service -- a U.S. Department of
Defense entity. Several major American corporations, such as Baskin
Robbins, Taco Bell, Pizza Hut, Starbucks, and AT&T transact business
and provide services on the base for U.S. troops. These companies
have also been profiting from Armenian-owned lands for many years.
The lawsuit claims that the plaintiffs "are suffering harm from the
loss of use and proceeds from their property." Turkey and its Central
Bank's "continued unlawful use of the property causes a direct effect
in the United States because a U.S. commercial entity pays money" to
Turkey to lease the Incirlik Air Base and "is engaged in a long-term
business arrangement with defendants...."
The lawsuit also states that the "plaintiffs' action is additionally
based upon their rights in property unlawfully expropriated by
defendant Turkey in violation of international law, pursuant to
a Turkish campaign of genocide.... International law prohibits the
taking of property when it is done in a discriminatory way or pursuant
to gross violations of human rights. Plaintiffs' property was taken
pursuant to the genocidal campaign of the Ottoman Turkish Empire to
destroy, in whole or in part, Armenian Christians in Turkey."
The plaintiffs assert that after the Genocide, the Turkish government
transferred Armenian-owned "businesses, factories, shops, farms,
and all other economic enterprises into Turkish Muslim ownership,"
Yet, the most shocking charge is the accusation that the Turkish
authorities used "the proceeds derived from the sale of Armenian
property to fund their deportation." It is noteworthy that beyond
depriving Armenians of their lives and property during the Genocide,
Turkish authorities strictly forbade the survivors from reclaiming
their properties, by stamping their passports "Return prohibited."
The Armenian-American plaintiffs estimate the current value of the
property seized from their families to be $63.9 million, since their
land constitutes 3.7% of the $1.7 billion "plant replacement value" of
the Incirlik Air Base, according to the latest U.S. Defense Department
data. The plaintiffs are demanding the current fair market value of
their property as well as the accrued rental for the past 60 years,
possibly totaling hundreds of millions of dollars. This lawsuit
does not include the value of other Armenian properties in Incirlik,
including a church and school.
In the coming months, several other lawsuits are expected to be
filed in U.S. courts against the Turkish government and other Turkish
entities, including a claim for the Turkish Presidential Palace in
Ankara, which is located on land owned by the Kassabian family.
From: A. Papazian
Panorama
Dec 21 2010
Armenia
Over the years, Armenians have gradually shifted their attention from
the recognition of the Genocide to the pursuit of legal remedies for
their massive losses suffered between 1915 and 1923.
Several lawsuits have been filed recently in U.S. Federal
Courts against Western insurance companies and banks. In July,
Armenian-American attorneys sued the Republic of Turkey and its two
major banks, seeking compensation for confiscated properties and loss
of income.
A new federal lawsuit was filed last week by attorneys Vartkes
Yeghiayan, Kathryn Lee Boyd and David Schwarcz, along with
international law expert Michael Bazyler, against the Republic of
Turkey, the Central Bank, and Ziraat Bank for "unlawful expropriation
and unjust enrichment." The plaintiffs are Los Angeles-area residents
Rita Mahdessian and Anais Haroutunian, and Alex Bakalian of Washington,
D.C.
The three Armenian-Americans, who have deeds proving ownership of
properties stolen from their families during the Genocide, are seeking
compensation for 122 acres of land in the Adana region. The strategic
Incirlik U.S. Air Base is partly located on their property.
During the Genocide, the Turkish government initially placed all
properties belonging to Armenian victims under seal. Subsequently, it
directed the Ziraat Bank to hold all proceeds from the sale of seized
properties in trust and for safekeeping on behalf of the Armenian
owners. These properties were then transferred to the Turkish Treasury
and placed under the administration of the Central Bank. The lawsuit
accuses the Republic of Turkey, the Central Bank and Ziraat Bank of
unfairly benefiting from the plaintiffs' seized assets.
The three Turkish defendants are currently engaged in commercial
activities in the United States which grants jurisdiction to U.S.
courts. The Republic of Turkey operates several state-owned or
controlled enterprises in the U.S., such as the Turkish Airlines and
Tourism Information Office. Both the Central Bank and Ziraat Bank
also have offices in the United States.
In addition to seizing the Armenian plaintiffs' property, the Turkish
government has pocketed the rent paid by the United States for the
Incirlik Air Base during the past 60 years. The base is operated
by the Army and Air Force Exchange Service -- a U.S. Department of
Defense entity. Several major American corporations, such as Baskin
Robbins, Taco Bell, Pizza Hut, Starbucks, and AT&T transact business
and provide services on the base for U.S. troops. These companies
have also been profiting from Armenian-owned lands for many years.
The lawsuit claims that the plaintiffs "are suffering harm from the
loss of use and proceeds from their property." Turkey and its Central
Bank's "continued unlawful use of the property causes a direct effect
in the United States because a U.S. commercial entity pays money" to
Turkey to lease the Incirlik Air Base and "is engaged in a long-term
business arrangement with defendants...."
The lawsuit also states that the "plaintiffs' action is additionally
based upon their rights in property unlawfully expropriated by
defendant Turkey in violation of international law, pursuant to
a Turkish campaign of genocide.... International law prohibits the
taking of property when it is done in a discriminatory way or pursuant
to gross violations of human rights. Plaintiffs' property was taken
pursuant to the genocidal campaign of the Ottoman Turkish Empire to
destroy, in whole or in part, Armenian Christians in Turkey."
The plaintiffs assert that after the Genocide, the Turkish government
transferred Armenian-owned "businesses, factories, shops, farms,
and all other economic enterprises into Turkish Muslim ownership,"
Yet, the most shocking charge is the accusation that the Turkish
authorities used "the proceeds derived from the sale of Armenian
property to fund their deportation." It is noteworthy that beyond
depriving Armenians of their lives and property during the Genocide,
Turkish authorities strictly forbade the survivors from reclaiming
their properties, by stamping their passports "Return prohibited."
The Armenian-American plaintiffs estimate the current value of the
property seized from their families to be $63.9 million, since their
land constitutes 3.7% of the $1.7 billion "plant replacement value" of
the Incirlik Air Base, according to the latest U.S. Defense Department
data. The plaintiffs are demanding the current fair market value of
their property as well as the accrued rental for the past 60 years,
possibly totaling hundreds of millions of dollars. This lawsuit
does not include the value of other Armenian properties in Incirlik,
including a church and school.
In the coming months, several other lawsuits are expected to be
filed in U.S. courts against the Turkish government and other Turkish
entities, including a claim for the Turkish Presidential Palace in
Ankara, which is located on land owned by the Kassabian family.
From: A. Papazian