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Turkish Government Ignores Property Lawsuit, Court Enters Default

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  • Turkish Government Ignores Property Lawsuit, Court Enters Default

    TURKISH GOVERNMENT IGNORES PROPERTY LAWSUIT, COURT ENTERS DEFAULT

    Armenian Weekly
    Thu, Sep 8 2011

    LOS ANGELES-The Turkish government is now in default after ignoring
    a lawsuit brought against it and two Turkish banks over reparations
    for land in southern Turkey seized from Armenians during the Armenian
    Genocide (Alex Bakalian et. al vs. Republic of Turkey, the Central Bank
    of Turkey, and T.C. Ziraat Bankasi et. al, Case Number 2:10-CV-09596,
    Dec. 15, 2010). The default notice was entered on Sept. 1, 2011.

    The land in question is currently home to the Incirlik Air Base,
    which houses the United States 39th Mission Support Group and 39th
    Medical Group. The Air Base is located near Adana, Turkey.

    After refusing to accept service of the lawsuit under governing rules
    of the 1906 Hague Convention, Turkey was served through U.S. Embassy
    channels on June 20. Service was confirmed and the court was notified.

    Turkey had 60 days (by Aug. 19) to answer the complaint, but did not.

    The two bank defendants, Central Bank of Turkey and T.C. Ziraat Bank,
    requested and were given an extension to respond by Sept. 19.

    "The U.S. Department of State had sent a diplomatic note to Ankara
    warning that the country is bound by law to defend against the
    lawsuit," says Vartkes Yeghiayan, with the Yeghiayan Law Firm and
    one of the attorneys representing the plaintiffs. "Choosing to ignore
    the lawsuit won't make it go away."

    The plaintiffs are arguing that their Armenian relatives owned land
    now occupied by the Incirlik Base. Their complaint includes documents
    showing legal ownership. When their relatives were forced to flee the
    then Ottoman Empire, their property was subsequently seized and then
    sold without their permission.

    By refusing to respond, Turkey risks having the court rule against
    it in absentia. Damages could be as high as $100 million.

    Representing the plaintiffs are the Yeghiayan Law Firm in Glendale,
    Schwarcz, Rimberg, Boyd & Rader, LLP in Los Angeles, and Michael
    Bazyler from Chapman University School of Law in Orange.

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