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May 28, 2012
 
 
 
 
 
 
Columnists 09 February 2012, Thursday 38 0 4 0
ORHAN KEMAL CENGİZ
o.cengiz@todayszaman.com

A Turkish court case against Armenians and Sarkozy

When I first heard I thought it was a joke, but it is not. A Turkish citizen from the city of Gaziantep is suing French President Nicolas Sarkozy and four Turkish-based Armenian foundations at the Gaziantep Court of First Instance and is demanding 50,000 euros in compensation for the pecuniary and non-pecuniary damages he and his family suffered as a result of the French invasion of Maraş and Urfa and the massacres they carried out in collaboration with local Armenians.

What is more amazing than this is the fact that the Gaziantep court has recognized Ahmet Karadağ as a plaintiff in this case and sent the motion to all five defendants, including Sarkozy. Here are the “substantial” arguments put forward by the plaintiff in this court case:

“Akıncı village, formerly known as Seve, where the grandfather of the complainant, the father of his grandfather and other relatives used to live, was destroyed by French troops during the French occupation. Pregnant women were killed. Eighty-five people, including Mustafa Efendi, the father of his grandfather, were murdered in this village alone. Armenian gangs aided the French troops. During this period, three-and-a-half kilograms of gold belonging to Mustafa Efendi was seized by the French troops and Armenian gangs. In addition, hundreds of cattle and livestock were confiscated. Their valuables were robbed by the French troops. Due to these unjust aggressions and genocide, my client, Ahmet Karadağ, and other family members suffered extensively and have led a miserable life in the aftermath; as a result, they remained in poverty for years (Exhibit 1 witnesses).

Subsequent careful review by the court of the exhibits and evidence affixed and those others that I will present, as well as the well-known historical documents and archives at the Turkish Historical Association (Exhibit 2), and books of scholarly value (Exhibit 3) and documents, it will become evident that the complainant and his relatives suffered from the brutal attacks by the French army and their Armenian accomplices in Antep, Maraş and Urfa, where more than 70,000 Turks were murdered, thousands of others were tortured or wounded and their properties plundered. As a result of this inhumane practice of France out of its colonialist and expansionist tendencies, which appears to be a third party that shares no border with Turkey, my client and his family suffered and were hurt.

For these reasons, while the magnitude of the loss and disruption caused by these practices is huge and almost irreparable, the complainant asks 45,000 euros in material compensation and 5,000 euros in moral compensation as a symbolic gesture, as spelled out in the French genocide denial bill.

In addition, even though a long time has passed since the incident, there is no statute of limitations for crimes against humanity and crimes of genocide. Moreover, the genocide denial bill adopted in the French parliament is dated back, therefore it is not possible to claim invalidity based on statute of limitations. For this reason, this is inapplicable to our case considering the rules of international law and the principle of reciprocity.”

To be honest I do not care about Sarkozy but I am really concerned about the situation of poor Armenian foundations. I do not want to think this alternative but if this case progresses, it could be followed by many others, which would spell a kind of legal lynching for Armenian foundations. I hope it will remain at this stage.

I will keep an eye on this case and keep you informed about the future developments.

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COMMENTS
If Armenians and Turks have any evidence to prove their claims and counter-claims, they both separately or together should open a case at an internationally recognized, unbiased, independent court of law, or set up an inquiry of unbiased, honest and independent experts to put an end to this hundred-...
adam orman
Mr. Cengiz, How could you make fun of the suffering of Turks? Especially you, with a 20 year experience in the human rights field. You shouldn’t do that and should apologize for this.
Sandokhan
ask him where his effendi got the gold from in the first place how many he killed to make that much gold at that tame
andrew
I think this is a very bad precedent for the Turkish government to set. Can you imagine the Armenian, Greek, Assyrian lawsuits that can follow suit!!!
Ba
The key is to keep a turk talking, or acting out. It's only a matter of time (a minute or two), until he/she does or says something completely incriminating and devoid of any rational or realistic thought. This lawsuit is another in a long line of examples.
Gavur
Dear Editor, please publish my comment for sake of neutrality and freedom of expression. What will Kurds make out of this? They will now surely pondering about suing the state for 90 years of massacres, cultural genocide, forced assimilation, destruction of property as well villages and livelihood,...
David Palch
Why did you think it was a joke? your attitude is disgusting. it is a genuine and valid court case. Justice is not only for the few. You clearly believe that this man will win his case.The fact that this case could, as you say, be followed by many others proves that "the Armenian genocide" is a lie....
Habace
given all the evidence and exhibits presented, mr karadagh has an excellent case to win back kilograms of gold and 70000 citizens of gazianteb. mr. karadagh should also wake up to the reality asking whether where all those armenians go and who posesses their properties their kilograms of golds their...
haroun
The Truth It is amazing that you Armenians still expect big support from the French, Sarko etc. You Armenians say that the French and the Russians betrayed the Armenians. Then Why not ask fro an apology and a billions of euros compensations for their betrayal?. I just remind you that Turks screwed ...
satrap
First of all my dear Turk friends ask your grand grand parents were they came from and were is your land? You don't have one. You kill everyone living there and now our homeland came yours? Don't forget your homeland is China, not Turkey. I think you all should move to China that's where Turk-Mon...
Karo
The remaining Turkish Armenians from there historic homeland always being used by Turkey as an hostage and propaganda tool. If Turkey would act differently is should be a ?surprise, the rest is for Turkey a business as usual, only the applied methods being modified and adjusted to new realities
Mt Ararat
I have said many time ..most Turks like there politicians have started to believe in there 90 year lies ! Such a stupid action and the destruction of Armenian cemetery in `East Turkey`/Malatya shouldn`t become as a surprise at all. Turkish Ambassador in Paris did openly announce after approval o...
The Truth
This is really exciting, at the end of the day it is Turkey that has the most to lose. Bring it on.
Marcus
I wish it will continue. Then I will be able to sue Turkey for my grandparents homes and lost lives. And it will not be five digit number for sure. My concern is that how many negative responds to your articles are coming out. It is outrageous and ridiculous to hear these people. I'm sure some of th...
Armen
I find it mind-boggling that a Turkish court would entertain such a suit, all the more so in that Mr. Cengiz, an experienced Turkish lawyer, evidently cannot laugh it off as an inconsequential aberration that will be corrected.
Kevin
Some very mentally questionable Turks lurk in these comment pages. Your anti-Armenian mythology can be a study-case for psychiatric institutions.
j2
:to be honest"... Thetrouble with you Mr Cengiz is that you are not honest. An honest man calls a spade a spade and a genocide a genocide, even to the peril of his life.
nicky stern
The same Turkish Courts which ignored injustices perpetrated against Armenians (1915), Greeks (1955) and Cypriots (1974). This is a sham and a farce. Utterly appalling.
Christoph
GeneralSherman, who started it falls into insignificance when you consider the tragic events that unfolded. Every man, woman and child were taken from their homes, just because they were Armenian, and forced on a journey many of them didn't survive. Lands which have been occupied by Armenians for mi...
Baris
It will be interesting to see what the good judge will have to say when this irrefutable fact is brought up in his court: {The Ottoman Empire joined the Central Powers to form the Triple Alliance with the signing of the August 1914 Turco-German Alliance. Turkey formally entered World War I on 28 Oct...
Avery
Yes, do keep us informed. What is wrong about this lawsuit? I am glad that a lawsuit is filed. Thousands more should follow. France and their local Armenian aiders and whoever institutions helped them should pay for the massacres they have done in Turkey in the early 1900s and they should be brought...
Hakan K
More cases for the ECHR? Give them a break.
Johan
You see Mr.Human Right,Armenians are aggressors.They waged war against every country they can.Georgia, Turkey, Azerbaijan. Dera Mr. Human Right Please also write about 1 million azeri refugees in Azerbaijan.I hope you class them as human as well
satrap
Well as long as all of Turkey accepts this as a proper venue, then counter-claims can be filed. It could all work out, but perhaps not as Turkey wishes :)
Jack Kalpakian
Yes, it's a joke and after more and more nations will recognize the armenian genocide, Turkey will have to pay compensations. Following the armenians, will come Cyprus. You will not pay, it will be vary bad for Turkey. It will take 5-10 years, but this will be the final result and the turkish gover...
theo
Leave it to Orhan Cemal Cengiz to complaim about something positive like this. Turks and Muslims in general have been way too congenial with the "let bygones be bygones mentality" while its dirtbag neighbors complain about a papercut. It's for reaons like this that the Circassian genocide goes unr...
GeneralSherman
Baris, they were the guilty party who started it.
GeneralSherman
I smell a rat. As they say, desparate times call for desparate measures. Unlike having the ability to create haphazard crimnal laws within its borders and bribe the judges in Turkey, the Turkish government is feeling desparation because it is unable to dictate desireable course of actions outside it...
Arara
"Poor armenian foundations". They weren't so "poor" when they were financing armenian terrorism. If they are "poor" today (which I doubt) maybe that is the reason.
Gokay
Armenian foundations assisted foreign invading military and collaborated in the killings of Turkish people. Turkey's only crime was being too lenient. These terrorist organziations should have been expelled. Committing treason also means forfeiting rights of citizenship. By refusing justice for the ...
Deniz Bora
These Armenian foundations financed and organized Tashnak terrorism and armed Armenian clans. These are the criminal bodies that assisted foreign invaders of Turkey during WWI. They should not have been allowed to remain in Turkey in the first place.
Yeliz
Surely the Armenians would be able to counter sue. Their losses were far greater. Most of them lost everything they had, including their lives.
Baris
Armenian foundations were responsible for organizing Hunchak and Dashnak Armenian terrorism. The violent activities of Armenian gangs and the cooperation with foreign invading armies were all coordinated by Armenian foundation. They also gained large amounts of wealth in the Muslim/Turkish villages ...
Ayse
What a disgrace, not long ago an Armenian cemetery was bulldozed and now this.
Ceygiz
On what LEGAL basis is this Turkish court consider holding Turkish institutions and people, namely, the Armenian foundations and by extension ethnic-Armenian Turkish citizens, responsible for the acts of unknown persons? On a not unrelated issue, have there been any developments in the California...
Visitor
Armenian foundations were the primary beneficiaries of Armenian terrorism and war crimes against Turkey. Most of the so-called "armenian foundations" in Anatolia were established illegitimately in the mid-19th Century through the illegal usurpation of Muslim land by the Ottoman State under the thre...
Ayhan
Armenian terrorism was not only limited to Van, Erzurum, or Gaziantep. The whole of so-called "armenian state" in the Caucusus was established in the same manner against its Turkish-Azeri MAJORITY. "Armenia" is an illegal terrorist and artificial state founded on TURKISH (AZERI) LAND through a real ...
Serkan
If all injustise which has taken place in Turkey or Europe during the last century (many wars) are about to be settled as individual court cases, there will be millions of them. It is simply not a practical way forward.
Practical mind
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