Newsletter Lra:Yr

Volume 26, Number 1 Armenian Bar Association - Winter, 2015 NEWSLETTER LRA:YR:

A Publication for Members and Friends of the Armenian Bar Association

Volume 26, Number 1 Winter, 2015 ARMENIAN GENOCIDE CENTENNIAL ISSUE years and decades to come, in picture after ing us the way. Because they did not give Chairman’s Message picture, it was one visual dirge, one unmiti- up, because they believed, then we will not Armen K. Hovannisian gated lament after another, a funeral pro- give up and we will believe. cession that lasted for nearly all of her 91 With the stories of these girls embedded years. in my life and the stories of your families Fifty years in this country and she still engraved in yours, we must see to it that The two girls were born three months spoke English in choppy sentences, mis- the chronic pain and continuing effects of and three hundred miles apart in 1909, one conjugated verbs and mixed-up tenses, the Genocide are not dehumanized, that in Kharpert’s Kessrik village and the oth- outstretched arms and expressive eyes. they are not examined only analytically er in Ordu’s seaside hills and dales. Soon She went to no schools in America, made and scientifically, that their significance is enough, my grandmothers as girls were to no friends, played no games. She bent her never lost or forgotten. Though it is now have little in common and were to become, back, swallowed her pride, and went to a hardening scab, we cannot let the bleed- by circumstance, distant strangers in fate work in Fresno’s fields. She married the ing wound to be forgotten. Only when it is and future. quiet and restrained strength of Hovakim personalized will it be real enough to play a On Saturday morning, April 24, 1915, and named her daughters Vartiter and Na- role in the decisions we make. Siroon, who had quickly come to be known zik. The son she lost was to be named Vrej, These memories of hardship may test our as Sarah and whose Nalbandian family had meaning Revenge. Maybe the boy died so hopes and try our conscience, but memory immigrated to the San Joaquin Valley just a that his name would live in us. Khnguhi’s is our sacred duty, not simply to remember, few years earlier, was skipping rope, jump- matchbox-sized house with the thin decay- however, but to act. Let us tell the world ing hop-scotch and picking up jacks among ing roof was similar to the hundreds of not only how our people died, but also friends from her first grade class at Cherry houses which Kaspar gathered. She never how they lived, how they loved, how they Avenue Elementary School. drove a car. Neither did Hovakim. hoped, how they dreamed. She was to graduate from Tulare Union As we mark the centennial of the Ar- The Armenian Bar Association is one of High School, marry early to larger-than- menian Genocide, I struggle to settle on the places where those stories can come life Kaspar, and name her four sons John, a definition of the scope of what was lost, together to be shared and where the bleed- Ralph, Richard, and Vernon into whom she what was taken. Was it only the childhood ing may finally find a way to stop. And cemented security, confidence, America and of Khnguhi and the roots of Siroon? Were although so much has already been writ- the English language. She took the helm as their sorrows and anguish really that much ten and spoken, mere words—mine and naturally in the PTA and at the Emblem different from each other in the end? Were yours--somehow are not enough. Remem- Club as she did the mantle in the Armenian they not both disinherited of their prov- brance without resolve is a hollow gesture. Relief Society and the Ladies Guild at Holy enance, dispossessed of their destinies, Awareness without action changes nothing. Trinity. Her sprawling ranch house with displaced even from themselves? This “Never again” without follow-through the thick wood shingle roof looked onto much I know; but for the Genocide, Siroon means “Wait till next time.” the Sunnyside Country Club. She drove a wouldn’t be playing hide-and-seek in Tu- As we enter the second century after the white four-door Fleetwood Cadillac with a lare and Khnguhi would have played a lot Genocide, we are now poised and prepared soft and purry velure interior. of tennis near the Black Sea. And I’d most to take care of ourselves. Perhaps it’s time Khnguhi Kalyonchian, betraying the likely be somewhere between Erzerum and that we should not coddle public officials so wistful black-and-white photograph on Kharpert. slavishly, we should not grovel to govern- the credenza projecting a thousand year- My grandmothers and yours shared a ments with upturned palms, we should not old darling little girl sporting pigtails in common fundamental characteristic: they seek shallow solace in recognitions, splin- her hair and a tennis racket in her hands, faced the darkness and insisted on a future ters of victory in resolutions. We should not bid adieu to most of her family beginning for their families, took silent oaths to not rely on someone else to make us whole. Be- on that day. Although she “survived” the give up, to say yes to life, to believe in the cause they can’t. They never could. From Genocide, Khnguhi’s smile was turned possibility of justice. To our parents, we say now on, let our redemption begin and end down that day, at once and forever. In the thank you for living strong and for show- with us.

1 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

GENOCIDE REPARATIONS FEATURED AT UNIVERSITY CONFERENCE By Vaché Thomassian

Attaining justice following was introduced by Armenian Bar Associa- leged unjust enrichment, breach of good mass human rights atrocities tion Chairman Ex-Officio, Garo Ghazarian. faith and fair dealing, and money had and is an arduous and complex Ghazarian’s powerful remarks evoked the received from insurance giant New York task involving both criminal spirit of Armenian lawmaker and politician Life (Marootian, et al. v. New York Life In- and civil law. The internation- Krikor Zohrab, calling for a unified front to surance Company). In Marootian, a major al community’s efforts to criminally pun- move forward the reparations movement. hurdle was overcome when the California ish human rights violators have developed Armenian Bar Associ- legislature enacted Civil Procedure §354.4, significantly over the last 70 years—from ation Chairman Armen extending the statute of limitations in Ar- the Nuremberg Trials after World War II to K. Hovannisian then menian Genocide-era insurance cases to the International Criminal Court today. In gave an impassioned 2010 (and later to 2016). That case ended the realm of civil redress for human rights speech, leading with the with a $20 million dollar settlement, dis- abuses, models exist and continue to de- real and rhetorical ques- persed to heirs of victims and community velop. tions, “Is the destruction organizations, along with attorney fees and In the Armenian case, it is important to of a nation quantifiable? costs. The next case Kerkonian discussed note that following World War I, attempts Is the decimation of a people compensable? also involved failure to pay on Armenian to criminally punish members of the It- Is what was lost, what was taken recover- Genocide-era insurance policies. The suit tihadist government for the massacre of able by any stretch of our efforts or of our against French insurance company AXA Armenians (through the Constantinople imagination? Can the decisions of a court eventually settled for $17.5 million in 2005, and Malta Tribunals) ended in dismal fail- of law, in the U.S., in Turkey, in Europe, or with payouts that began in 2007 (Kyurkjian, ure. Abandoned by the international com- anywhere, ever make us whole?” He pro- v. AXA Reinsurance Company, et al.). The munity, the task of bringing the individual vided a comparative analysis of the Arme- last case discussed was brought by Rev- perpetrators to justice was left to a group nian case with that of the Jewish people, erend Vazken Movsesian in 2003 against of extra-judicial avengers called Operation discussing the history of reparations that Victoria Insurance (Movsesian v. Victoria Nemesis. However, there remained the is- followed the Holocaust, with their roots Versicherung AG, et al.). Refusing to settle, sue of restoring the wealth, property, land in the 1951 Conference on Jewish Material Victoria argued that §354.4 was unconsti- and rights of the dispossessed Armenian Claims Against Germany. Hovannisian ex- tutional since the United States government people. For these reasons, growing atten- plained that the Claims Conference was a does not explicitly recognize the Armenian tion has been directed towards legal means coordinated effort by the State of Israel and Genocide. Attorneys for Victoria contend- of attaining monetary and territorial repa- 23 Jewish organizations to gain restitution ed that California, as a state, did not have rations in order to repair the damage felt from post-war Germany. As a result, bil- the ability to pass legislation that conflicted by victims of the Armenian Genocide and lions of dollars in reparations were paid to with federal policy. After several appeals, their descendants. Holocaust survivors, their heirs, and also Continued on page 9 This was the theme of a distinguished funded the infrastructural development of In This Issue panel held at California State University, the fledgling Jewish state. Northridge’s Armenian Studies Program The first panelist, Saro Kerkonian, delved Genocide Reparations 2 one-day conference on January 31, 2015. into the topic titled “Op- Members in The News 3 Co-sponsored by the United Armenian portunities and Chal- April 25, 2015: The Morning After 4 Council of Los Angeles and the Armenian lenges in US Courts.” Law Review from Armenia 6 Bar Association, the conference was part Kerkonian focused his The Eight Orphan Pages of the Zeytun Gospels 10 of a series of commemorative events that presentation on recent the organizations have cases filed in federal Committee Focus: Nomination Committee 12 planned to commemo- court that aimed to re- Scholarship Recipient Triumphs 13 rate the centennial of cover property owed to Scholarship Program Announcement 14 the Armenian Genocide. Armenian Genocide victims and heirs. Genocide Denial on Trial 14 The session entitled “Le- He reviewed three recent cases and their Members Honored at Diocese Gala 15 gal Responses to Geno- procedural history. The first case involved On the Move: Melineh Blackwell Verma 15 cide-Related Liabilities” a class of roughly 10,000 people who al- Genocide Centennial in Istanbul 16 Call for ArmenBar Law Journal Papers 17 Creative Corner 17 The Armenian Bar Association requests the pleasure of your Raffi Yessayan Appointed MA Justice 18 Students’ Day in Court 19 company and the benefit of your participation. Forget-me-not 20 Become a member today! Southwestern Law School Student Event 21 Legal Education and Winter Soiree 22

2 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

MEMBERS IN THE NEWS AND ON THE MOVE

Michael Ashjian was family law cases. The full text of the article the Rittenhouse Hotel in Philadelphia, PA. appointed the 2014 Festi- may be found: http://www.avvo.com/le- The annual award recognizes leaders in the val Director of the Arpa gal-guides/ugc/discovery-in-family-law-. legal profession for excellence and for their International Film Festival. Judge Samuel Der- contribution to the legal community. The Started in 1997, Arpa’s mis- Yeghiayan was one of recipients of this award embody much of sion is to create a dynamic twelve dignitaries to ride what Judge Hand represented – the right of forum for international and local filmmak- on the first American Ar- the individual and the importance of dem- ers who explore such issues as diaspora, menian float in the 126th ocratic values in an orderly society. Mr. war, genocide, dual-identity, exile and Rose Parade. On January 1, Momjian is a nationally- renowned family multiculturalism. Mr. Ashjian is a gradu- 2015, the float entered by the American Ar- law attorney and regarded as the dean of ate of Southwestern Law School, where he menian Rose Float Association called Cradle the Pennsylvania family law bar, who re- excelled in intellectual property and enter- of Civilization was one of 40 floats showcas- cently retired from Schnader Harrison Se- tainment law. He was President of the En- ing “Inspiring Stories” and won the Presi- gal & Lewis LLP. Mr. Momjian co-chaired tertainment Law Society and wrote articles dent’s Award for most effective floral use the Committee to Consolidate Pennsylva- about trends in the entertainment industry and presentation. Judge Der-Yeghiayan is nia Family Laws and served as a consultant and has worked with Universal Pictures, a United States federal judge for the North- to the Pennsylvania House and Senate Ju- Starz Entertainment, William Morris En- ern District of Illinois. Confirmed in 2003, diciary Committees during passage of the deavor, and Ramo Law. he was selected as a float VIP because he is 1980 Divorce Code. His landmark treatise, Sarkis Jacob Babacha- the first Armenian immigrant federal judge Pennsylvania Family Law, is often cited by nian was appointed to the in the United States. the Commonwealth’s appellate courts. Board of Directors of the Malvina Mardirosyan Raffi Ohanian recently joined Thon Beck Glendale Bar Association. recently joined the legal Vanni Callahan & Powell. His practice is in He has over 20 years of ex- department of Integrated the areas of catastrophic personal injuries. perience in both criminal Electrical Services, Inc. Mr. Ohanian is a graduate of Southwestern and civil litigation, and mediating litigated (“IES”) as an Assistant Law School where he was the president of cases in both state and federal courts. He Corporate Secretary where the Armenian Law Students Association. is a graduate of Southwestern Law School she concentrates in corporate governance He currently serves on the board of the and for many years has served as the attor- and securities law. Prior to joining IES, South Bay Youth Sports Network, a non- ney-coach for the Armenian Sisters Acad- Malvina was an associate with the Mas- profit organization that serves underprivi- emy Mock Trial team. terCard Incorporated - Office of the Cor- leged youth through sports activities. A former Armenian Bar porate Secretary. Malvina helped promote Talin Yacoubian was board member, Ara Baba- among Armenian Bar members the crea- appointed Chairwoman ian was selected as a 2015 tion of an Online Museum by the Near East for the Armenian General Super Lawyer in the field Relief Historical Society which will launch Benevolent Union West- of Business/Corporate in April 2015 in commemoration of the ern District. In the west- law. Super Lawyers recog- approaching centennial of the Armenian ern region of the United nizes 5% of attorneys in each state, follow- Genocide. She is an active member of the States, the AGBU is headquartered in Pas- ing a screening and voting process. Ara’s Armenian Bar and has played an important adena and serves the Armenian commu- practice focuses on entity formation, man- role in connecting law students to the As- nity through its chapters, special groups, agement of companies, contracts, intellec- sociation. community centers, two schools with a tual property, securities transactions, and Craig Missakian has thousand students, a Saturday school, cul- mergers/acquisitions. He often acts as out- been appointed Deputy tural, artistic, social, and youth-oriented side general counsel for many of his clients, Chief Counsel for the U.S. programs such as sports and scouts, a who are in a range of industries, including House of Representatives theater company, and a mentorship pro- technology, financial services, healthcare, Select Committee on Beng- gram. manufacturing and distribution, profes- hazi. The House formed Lucy Varpetian was also sional services, real estate, restaurants, hos- the special committee in early 2014 to in- appointed as a member of pitality, entertainment, and media. Ara’s vestigate the events surrounding the at- the AGBU Western District firm is called Encore Law Group, which is tacks on the Department of State and CIA Board. based in Beverly Hills, California. www. facilities in Benghazi, Libya on September Alice Yardum-Hunter encorelaw.com. Please let us know if you 11, 2012--attacks that left four Americans, has again, for the 14th year in a row, won are a Super Lawyer too. including Ambassador Chris Stevens, dead. the Super Lawyers Award for 2015, pub- Patrick Baghdaserians, certified family The investigation, which is expected to last lished by Thomson Reuters in the speciali- law specialist, accredited minor’s counsel until 2016, will result in a report to Con- zation of Immigration and Nationality Law. and mediator was named partner in the gress on the committee’s findings. Prior Law Offices of Donald P. Schweitzer. Pat- to his appointment, Mr. Missakian worked rick is a graduate of Southwestern Law as a prosecutor for nearly ten years for the Please send your job announcements, School. He has published in the area of U.S. Attorney’s Office in Los Angeles. press releases, articles and noteworthy infor- Albert Momjian discovery in family law, specifically, how was the recipient of the mation to Saro at [email protected] to use discovery tools properly to settle Judge Learned Hand Award at a dinner at

3 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

April 25, 2015: The Morning After By Karnig Kerkonian

Law is the business of so- tirely possible that neither language, Union more generally, was an event cial ordering. So it is par- location, vocation, cuisine, culture, which few—including the leading ticularly fitting, on the eve religion, nor even genetics links one Western Soviet scholars at the time— of the Genocide Centen- Armenian to another to the extent the came even close to predicting. The Re- nial, for Armenian lawyers Genocide does. This should disturb us. public was not the result of a national to give some thought as to the state of It should frighten us that we are left intellectual movement to save the Ar- our present social order. This is a com- holding more hands in our trauma than menian nation and it was not the great plicated undertaking for a number of in our dances, left sharing more pride white horse for ending the indignities reasons, as such consideration neces- in our protests than in our literature against the Armenian people. Israel, sarily touches on our history, on our and left embracing one another more on the other hand, was both for the politics, on our pride and, of course, on in commemoration than in celebration. Jews. our very insecurities as a people. But We are not historic artifacts; we are a A cursory review of Theodore Her- it is further complicated by something living nation, surely with stories yet to zl’s late-nineteenth century work, monumentally deeper—something tell and epics yet to write. Judenstaat, immediately introduces the not necessarily easily articulable: the It is time to hand the evidence over to reader to a national agenda, a national inescapable reality that our nation’s our lawyers and let them prosecute the plan to create a nation-state for Jews historic disenfranchisement has left crimes of inhumanity perpetrated on in either Palestine or Argentina for the none of us untouched, has left none of our people. And it is time for the rest purpose of saving the Jews from wide- us unscathed and has left none of us of us to begin rebuilding our national spread and incessant persecution, par- able to deny that the very blood flow- consciousness, rediscovering our na- ticularly in Europe. Herzl’s intellectual ing through our veins today, which we tional identity and re-entrenching the seed sprouted nationalist sentiment pass to our children and theirs, stained value of that identity in our children, among Jewish intellectuals through- desert sand just a century ago for no wherever on this earth they may sleep. out Europe and awakened a national justifiable reason. For lawyers trained It is time for us to champion our pro- consciousness that fueled an emerging to value reason over emotion, the chal- gress, not our perseverance. We must Zionist platform. The lectures given at lenge is clear. awake on April 25, 2015 with a national the various Jewish World Congresses, consciousness that rises above the Gen- particularly the First Zionist Congress That Which Binds Us ocide, that embraces Armenians living in 1897, only buttressed the intellectual in a Republic and an ever-growing Di- foundation upon which the concept of The Genocide was a national trauma aspora and that insists that we as Ar- a Jewish state was rooted. When the of unspeakable proportion; and our na- menians forevermore define our iden- State of Israel emerged in 1948, thou- tion today still lives in a post-traumatic tity by what we have done rather than sands of Jews waiting aboard massive period. We cannot underestimate the what has been done to us. ships in coastal Mediterranean waters impact on the psychology of our iden- arrived on the new land fulfilling a po- tity; on our own self-perception of who Missing the Forest for the Trees litical and intellectual agenda nearly a we are. We cannot pretend that the last century in the making. century’s discourse of disenfranchise- The Republic of Armenia, in and of This type of nationalistic foundation ment has not utterly consumed, and itself, is not the solution to defining a is absent from the independence of the perhaps even confused, our view of comprehensive national conscious- Republic of Armenia. The Republic our own identity today. It is axiomatic ness. Our nation is larger than the Re- gained its independence as a result of that we are more than the Genocide— public of Armenia—we have to accept a political and economic implosion of but trauma skews perspective, it blurs this and assume the responsibility it the Soviet Union with which the rest the horizon and it renders the future a imposes. Of course, the Republic is of of the Armenian nation, institution- mirage. You see, this is the purpose of vital importance to us as Armenians, ally and particularly in the Diaspora, Genocide itself—to erase the people, an integral element of the survival of played at best a nominal role. As much to erase the nation in the minds of the the Armenian people, and we must do as the demonstrations in Yerevan for people who remain, and to erase every- everything we can to support its devel- unification of Karabagh with Arme- thing else from the identity of the rest opment and ensure its stability. How- nia contributed to the world’s visual of us. It is a disgusting truth; but it is ever, the Republic is neither the Arme- of the great Soviet collapse unfolding, precisely what Genocide is. nian nation nor its savior. it would not be accurate to claim that Look around. Today, the Genocide I say this not to belittle the impor- these demonstrations substantively may be our single most commonly tance of an independent state, but we caused the downfall of the Soviet Un- shared trait of group identity, particu- cannot pretend that its emergence was ion and the independence of Armenia. larly outside of Armenia. Even a quick something different than it was. The The refusal to see the Republic in this survey of those who we consider, or Republic was not born as our Israel. context is escapist rhetoric that has would consider themselves, Armeni- The independence of the Republic of led the Diaspora into a near complete ans quickly demonstrates that it is en- Armenia, as was the fall of the Soviet abandonment of any vital Armenian 4 Volume 26, Number 1 Armenian Bar Association - Winter, 2015 issue outside of the Republic and be- Understanding national conscious- menia was a pipe dream. It was easy to yond the Genocide. ness in this context is important to us protest Genocide in those years when We must be fair to ourselves. We as Armenians. We have had the for- we were unschooled in international must place our Republic in its fair con- tune of strong cultural forms and de- law and the law of reparations. And all text. We cannot coax ourselves into fining historical moments; yet the dis- of this was so massively important: we complacency believing that the work course of our national consciousness survived, we did so much to hold on to of building a national consciousness— has not been comprehensive, progres- one another. But the greatest challeng- one that exists beyond the Genocide sive or teleological. In the Diaspora, it es to our survival as a nation may still and beyond the Republic—is some- has been largely a singularly focused, lie ahead; dare I say that the “simpler” thing that the Republic will do for us. retributive political agenda; in the Re- days are over. The challenge of defin- Did we really need to wait for the trag- public it has been a survivalist, eco- ing a national consciousness that will ic suffering of the Armenians of Alep- nomic one—both for good reason and shape, and with which we will survive, po, the gutting of our historic presence both of necessity. But neither discourse our next century together will be a so- in Kessab and the emptying of the Ar- has sufficiently espoused a whole of phisticated, tough and extraordinary menian Quarter in Jerusalem to realize which it is only a part; neither has seri- undertaking. that Yerevan is not our only home and ously defined the Armenian nation as With the Republic a reality, the Geno- that the Genocide, not our only trav- existing beyond its own understand- cide Centennial upon us and a people esty? We know better; but, the truth is, ing. Without a national consciousness strewn all over the globe, it is time for shaping a national consciousness that that rises above the passions de jure, we Armenian lawyers to think earnestly unifies us is not only physically, but in- risk the unsharing of our national val- about our present social order and how tellectually, laboring work. ues, as what is valuable to one Arme- we must structure, perhaps even gov- nian begins to be weighed differently ern, our nation in the years to come. Toward a Post-Genocide by other Armenians and, ultimately, We are at the threshold of something Armenian Identity national identity diverges. This is not immensely precarious, yet unavoid- theory: it is happening today as Arme- able: to define who and what the- Ar National identity is a product. It is nians weigh the role of the Genocide menian nation is and who and what the result of certain things that are, that and the Republic in their own lives— the Armenian nation will be. There is, occur and, sometimes, that people sim- and the conversations voice a diver- I guess, an eerie simplicity to the whole ply want. There are cultural factors, of gence which decades ago would have thing: what will it mean to be an Arme- course: language, art, music and oth- been unspeakable. nian? But, mind you, it will not be a ers. And then there are the formative Of course, to us as Americans, we judge who will ask you the question...it historical events: wars, calamities and think of this divergence as simply di- will be your ten year old. prominent figures, for example. But versity within a national identity. But, sometimes, there is a third element— you see, the American experience al- forces of engineering, of structuring lows us to see divergence as diversity and of teleology—moving with a pre- because the American identity is par- Karnig Kerkonian, determined resolve to shape a national ticularly defined to champion precisely of Chicago, Illinois, identity. this—whether in the 14th Amendment, is a distinguished Modernist scholar of nations and na- high school textbooks teaching the civil graduate magna tionalism, Benedict Anderson, spoke of rights movement, the very concept of cum laude of Har- the nation as something “imagined be- the “melting pot” or, for that matter, vard University who cause the members of even the smallest the belief that everyone should share holds two law degrees—a Doctor- nation will never know most of their in the American Dream. Whether the ate in Law from the University of fellow-members, meet them, or even dream has been achieved, of course, Chicago and a post-doctoral Diplo- hear of them, yet in the minds of each is the very beauty of the American ma in International Law from Cam- lives the image of their communion.” experiment: that no matter where we bridge University, England. Since He attributed national consciousness are on the path, we know in principle 1999, Karnig has represented nu- to, among other things, advances in the goals to which we are aspiring as merous U.S. companies and mul- communications which targeted peo- a society. This is the benefit of a struc- tinational entities in transactional ple and martialed their interests to- tured national identity, one reinforced matters as well as complex busi- ward a desired end. This analysis sees through institutions and, in the Ameri- ness litigation matters. He is well national consciousness as a product of can example, based on principles, the recognized for his work in interna- a discourse that reaches, teaches and rule of law and certain concepts of so- tional law, both public and private, propels a people who may never meet cial justice and equality. and has been tapped as specialized one another toward a shared goal. Na- The problem we face as Armenians counsel in cross-border matters as tional identity is not the simple byprod- is that divergence without structure is uct of shared territory, it can be shaped not diversity within the nation—it’s well as a leading speaker before through discourse and a unifying ob- just plain divergence. It is separation, a law associations on various inter- jective—particularly in this era where parting of ways. It was easy to rally na- national legal issues. technological advances in communica- tional consciousness by chanting “tebi tion have contributed to revolutions. yergir” when the idea of an actual Ar-

5 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

LAW REVIEW HA#ASDANIX FROM ARMENIA In an effort to foster a better understanding of the rule of law in Armenia and to help keep our readers updated on current legal issues, the Newsletter staff endeavors to bring to you periodically legislative and other legal developments from the Republic of Armenia. Between Reform and Reactionaryism: Armenia’s Pension Plan By Garen Nazarian

There is little disagreement amongst po- ment of a pension system similar to the ernment argued, increased the chances of a litical circles in Armenia that serious and 401K plan in America, but with one major reliable return on investment and seriously lasting reforms to the pension system are difference – the contributions in Armenia reduced the risk of corruption. Although needed and inevitable. With an aging pop- would be made mandatory. Under this new the Law on Funded Pensions was much ulation and a labor force that is not set to system called the Law on Funded Pensions, more detailed, the previously-mentioned increase anytime in the foreseeable future, citizens born on or after January 1, 1974 components were the most essential, affect- even paying the low pensions that are now would be required to pay 5 percent of their ing the overwhelming majority of partici- distributed to pensioners, an average of ap- gross income into a pension fund with the pants. proximately $85 per month,1 may be a dif- government matching the contribution. As stated above, the transition to this ficult task for the government in the future. Upon reaching the age of retirement, the new pension law, which took effect on Thus, the fight is not over whether to imple- individuals who paid into this new system January 1, 2014, was anything but smooth. ment pension reform but the type of system would receive a monthly pension calcu- There was a powerful show of public oppo- to adopt. Until recently, the pension system lated according to the amount accumulated sition, which spawned the well-organized worked much like Social Security does in during their working years.2 Those taxpay- and popular “Dem Em” (I am against) the United States, where the employed pay ers born before 1974 would continue to movement.3 With frequent protests outside a specific tax which funds current pension- pay into and receive their pension under government buildings, sit-ins blocking city ers. However, in 2013 significant changes to the previous system. A key element of the streets and marches, the leaders of the pro- the pension system in Armenia took place new law, which the government believed test movement vowed to also organize mass - changes that are still not fully resolved made the pension plan reliable and worthy worker strikes if the government did not re- and ones met with a tremendous amount of of support, was the fact that the mandatory call the part of the law which made the pen- public and political resistance. contributions were to be paid into a fund sion contributions mandatory. Moreover, a For several years, the ruling Republican managed by two internationally-recognized substantial number of employers honored Party pressed forward with the develop- private financial institutions. This, the gov- the wishes of their employees by refusing to withhold the legally-required amount from their employees’ paychecks. This fight eventually ended up in Armenia’s Consti- tutional Court when thirty-six members from various opposition parties of the Na- tional Assembly filed a case on December 16, 2013, calling on the Court to declare the new pension law unconstitutional.

Constitutional Court Challenge

After one round of oral arguments and a few months of deliberations, the Constitu- tional Court announced its ruling on April 2, 2014, in a 64-page decision. Much to the joy and surprise of the public, the nine justices found the pension law to be unconstitutional. An overwhelming segment of The Constitutional Court of the Republic of Armenia

6 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

the working population was relieved that and with prior equivalent compensation.” pension withholdings and tax withhold- they would no longer be required to make Citing the Court’s 2006 decision, the appli- ings, argued the applicants, was the desti- the mandatory monthly contribution. With cants argued that the pension plan did not nation of the funds. In the case of tax with- average wages in Armenia at approximately rise to the level of “exclusive cases of emi- holdings, the funds are paid into the state $400 per month,4 many felt their finances nent public interest.” Thus, the government budget and subsequently spent according did not provide them the luxury to con- did not have the authority to “appropriate” to the government’s budget plans. The contribute beyond the taxes they were already such wages for the purposes of paying fu- tributions to the pension plan, on the other required to pay. Many were also surprised ture pensions. In other words, the eminent hand, were to be paid directly into a fund that the Court had reached a decision that domain standard had not been met. The managed by private financial institutions. went against the wishes of the ruling party. applicants put forward a second Article 31 (Participants were given the opportunity to Not long before the Court’s decision, Presi- argument as well, contending that the law pick between one of two financial institu- dent Serzh Sargsyan publicly announced also violated this article by depriving an in- tions that had been chosen to manage the that he was in complete support of the new dividual from the right to “freely own, use pension system.) This is where the Court’s pension plan and that his party would push [and] dispose” of the private property which ruling in case SDO-753 becomes relevant. forward and implement the reforms despite belongs to him or her - wages in this case. In that case, the Court ruled that a tax is the fact that “80 percent” of the population,5 It is indisputable that providing pensions legal under Article 45 of the Constitution in his own words, was not in favor of the to retirees is one of the most fundamental if the funds collected are paid into the state changes. Mr. Sargsyan stated that the pen- duties of any government. Thus, the with- or local budget.8 Because the new pension sion plan was a “conscious step we took for holding of wages or income to pay for pen- law mandated that the contributions be di- the sake of Armenia’s future, for our chil- sions appears to be well within a govern- rected into a fund and not the state budget, dren and grandchildren.”6 ment’s domain. So what else was it about as required by the Court’s interpretation of One of the arguments put forward by the this new pension law that violated the Article 45, the applicants argued that the applicants in their petition to the Constitu- Constitution according to the applicants? pension law was unconstitutional. tional Court related to a legal concept akin To answer this question we must turn to The applicants also offered a philosophi- to the law of eminent domain in the United Article 45 of the Constitution and then to cal argument against the pension law – a States. In 2006, the Constitutional Court in the Constitutional Court’s decision in case philosophy or principle they argued is case SDO-6497 held that one’s wages are that SDO-753. Article 45 states: “Everyone shall enshrined in Armenia’s Constitution. person’s personal property under Article 31 be obliged to pay taxes, duties and other The applicants claimed that the new “self- of the Armenian Constitution. According compulsory fees in conformity with the pro- financing” pension system, where each to Article 31, the government can deprive cedure prescribed by law.” This provision is citizen funds his/her own retirement pen- one of his or her personal property only in clear and unequivocal. The applicants did sion, violated the fundamental principle of “exclusive cases of eminent public interest.” not contend that the government does not “harmony between generations” codified in The relevant language of Article 31 reads: have the authority to tax its citizens or re- Article 36 of the Constitution, which states: “Everyone shall have the right to freely own, quire them to pay “other compulsory fees.” “Parents shall have the right and obligation use, dispose of and bequeath the property be- In fact, before the new pension law took ef- to take care of the education, health of as well longing to him/her. Private property may be fect, all pensions in Armenia were paid with as the full and harmonious development of appropriated for the needs of society and the funds collected through a social tax and the their children. Able-bodied adults are obliged state only in exclusive cases of eminent public constitutionality of this tax was never chal- to take care of their disabled and needy par- interest, in the manner prescribed by the law lenged. The crucial difference between the ents.” Read together, these two elements of

7 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

Article 36 essentially state that in Arme- tions for management.10 system. Private sector employees have been nian society adults are obliged to care for The Court also agreed with the applicants given a three-year exemption.12 This is not the young when the young are incapable of finding that the pension system violated the end of the story, however. Opposition taking care of themselves and the young are Article 31 of the Constitution by denying members of the National Assembly have obligated to take care of the elderly when citizens the right to “freely own, use, dispose once again filed a case with the Constitu- the elderly are incapable of taking care of of and bequeath the property belonging to tional Court challenging the latest version themselves. According to the applicants, him/her.”11 The thing to keep in mind re- of the law. The court is set to hear the case this principle of “harmony between genera- garding this particular finding is that the on March 31, 2015.13 Given that many of tions” is an essential and fundamental ele- Court considered the contributed funds to the changes to the new law stem from ex- ment of Armenian society and is appropri- be private property, not a tax, because they plicit suggestions made by the Constitu- ately and correctly reflected in the pension were being paid directly to fund for man- tional Court, it appears that the applicants system the new law aims to replace.9 agement by private financial institutions will have an uphill battle in winning this In its lengthy decision, the Court dealt instead of the state budget. Although the time around. with many elements of the law, which it government has the right to levy “taxes, found to be in violation of the Constitu- duties and other compulsory fees” under Garen Nazarian tion, even going beyond the arguments put Article 45, it does not have the authority to earned his J.D. degree forward by the applicants. Nevertheless, require citizens to contribute such fund to from UCLA School the Court was persuaded by the applicants’ private financial institutions, even if those of Law and his B.A. claim that the new pension law violated payments will eventually be returned in the from UC Berkeley. Article 45 of the Constitution because the form of pensions. In other words, a tax is an He spent a number of funds were to be deposited with private unconstitutional tax if it is not paid into the years in the Los Angeles County Public fund managers and not the state budget. state budget. Defender’s Office before being selected The Court held that this was an unconstitu- to serve as the first Legal Fellow of a tional assignment of the government’s du- Law on Funded Pensions unique program of the Southwestern ties, which includes oversight and ultimate University School of Law and Republic responsibility over the pension funds. The Not too long after the Court’s decision, of Armenia’s Ministry of Justice (with Court stated that the law requiring collect- the government of Armenia made changes the participation of the Armenian Bar ed taxes be paid into the state budget is not a to the Law on Funded Pensions taking into Association) working directly with the mere formality but a mechanism to provide account the Court’s ruling. There are two Ministry to strengthen Armenia’s le- the state the necessary control over taxpay- key differences between the unconstitu- gal system. At the conclusion of the er money. In speaking about the destination tional version and the latest version of the program, Mr. Nazarian remained in of the pension funds, the Court highlighted law, which went into effect on July 1, 2014. Armenia, and currently serves as the three benefits that would be gained from The first is that the contributions are now Criminal Law Specialist for the Ameri- depositing the funds into the state budget: considered a “target social payment” and can Bar Association Rule of Law Initia- 1) it would give the National Assembly di- not a “mandatory cumulative payment” as tive and manager of the Mining Legisla- rect oversight of the funds, which would before. The second and more important dif- tion Reform Initiative at the American raise the level of good governance and the ference is that the collected funds are now University of Armenia Center for Re- guarantee that the funds would be returned paid into the state budget. Currently, only sponsible Mining. to pensioners; 2) it would solidify the gov- state employees are required to pay into the ernment’s duties in the pension system in terms of effective oversight and public ac- 1- http://news.am/eng/news/236923.html countability; and 3) it would significantly 2- http://arka.am/en/news/economy/armenia_s_president_gives_full_support_over_ raise the public’s confidence in the trust- government_s_pension_reform/ worthiness of the pension system. Fur- 3- http://www.armstat.am/en/?nid=126&id=08001 thermore, the Court explicitly set-out the 4- https://iwpr.net/global-voices/mass-protest-movement-against-armenian-pension- mechanism through which this element of reform the law, the destination of the funds, could 5- http://www.armenianow.com/society/pensions/52916/armenia_pensions_rally_reform_ be made to comply with the Constitution demam_activists in a future version. The Court stated that 6- http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (Pages 4-5) 7- http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (Pages 26-27) the contributions ought to be a “social pay- 8- http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (Pages 16-17) ment” collected by the government, com- 9- http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (Page 18) ingled in reasonable proportion with other 10-http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (pages 44-45) taxes not foreseen for social security, paid 11-http://concourt.am/armenian/decisions/common/2014/pdf/sdv-1142.pdf (Page 62) into a special account of the state budget, 12-http://www.armenianow.com/society/pensions/55333/armenia_government_pension_ and through contract or by law, with clear reform guarantees and government responsibility, 13-http://www.panorama.am/en/law/2014/11/05/concourt-parliament/ be assigned over to private financial institu-

8 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

On February 20, 2015, the Los Angeles City Council unanimously approved Council Member Paul Krekorian’s (center) motion to allocate $60,000 for the Armenian Genocide Centennial Commemoration, March for Justice on April 24, 2015. AGCC-Western USA Co-Chairman and Armenian Bar Chair Ex-Officio Garo Ghazarian (far right) spoke in favor of the motion. Also appearing before the Council were (L-R) ANCA-WR Govern- ment Affairs Director Tereza Yerimyan and Armenian Bar Member and ANCA-WR Chairwoman Nora Hovsepian. Pictured next to Mr. Krekorian is Los Angeles Council Member Mitch O’Farrell.

GENOCIDE REPARATIONS term that was brought into legal existence in 1948. Accordingly, Kerkonian advised Continued from page 2 that a case at the ICJ should be based tac- Movsesian made it all the way to the Ninth ly sealed. He balanced his thoughts by cau- tically on “crimes against humanity,” rather Circuit Court of Appeals where the court tiously pointing out obstacles that would than on the moral term “genocide.” decided en banc that the legislation intrud- hinder such efforts, including statutes of Overall, the reparations panel laid a good ed on the federal government’s exclusive limitation and international and bilateral historical foundation while highlighting power to conduct and regulate foreign af- treaties. Minassian concluded by stressing contemporary challenges and possibilities. fairs by recognizing the Armenian Geno- the importance of col- A recurring theme echoed by the panellists cide. A Petition for a Writ of Certiorari lecting and preserving was that reference to the word “genocide” was sought at the US Supreme Court and Armenian Genocide-era or proving up the crime of genocide is not denied. The Armenian Bar filed an amicus deeds and titles in order necessarily a condition to recovery for the brief with the Supreme Court by a team of to bring these claims. great losses suffered by the Armenian peo- lawyers led by founding Chairman David The final speaker in ple during the Genocide. Claims of repa- Balabanian. the session was Karnig rations can be established irrespective of The second panelist, Kerkonian whose talk whether the element of genocide is shown. Co-Vice-Chair of the was titled “Opportunities and Challenges Additionally, it underscored the intersec- Armenian Bar Asso- in International Courts.” With a post-doc- tionality between law and politics neces- ciation Edvin Minas- toral diploma in International Law from sitating us to further our efforts on both sian, spoke on the topic Cambridge University, England, Kerko- fronts in order to bring about proper justice of “Opportunities and nian’s presentation focused largely on a for the Armenian Genocide. Challenges in Turkey’s potential Armenian Genocide case at the Courts.” Born and raised International Court of Justice (ICJ). He Vaché Thomassian is in Istanbul, Minassian discussed the com- explained that there are two means to seek a founding partner of plex legal frameworks that were established redress within the framework of the ICJ: KJT Law Group, LLP by the Turkish government during and fol- through an advisory opinion or through a (www.KJTLawGroup. lowing the Armenian Genocide to attempt contentious case. Since ICJ advisory opin- com). Vaché’s practice to legally dispossess Western Armenians of ions are non-binding and do not pertain focuses on personal land and property. Minassian pointed out to issues of historical relevance, the right injury, worker’s compensation and em- the irony that today’s Republic of Turkey means would be for a state (likely, but not ployment law. He is a graduate of Loy- may hold available and proper venues to necessarily the Republic of Armenia) to ola Law School and holds a Masters in adjudicate Armenian Genocide restitution bring a case against the Republic of Turkey. International Affairs from Columbia claims and urged that these courts be uti- Kerkonian noted key challenges includ- University. Vaché currently serves as lized, even though they may seem mired ing the retroactive applicability of treaties. a member of the Armenian Revolu- with difficulty. According to Minassian, the Here, he emphasized the point that “crimes tionary Federation – Western Region discovery process could be used in these against humanity” have long been under- Central Committee. He can be reached cases to uncover troves of information in- stood to be unlawful and part of custom- at [email protected]. cluding records and deeds that are current- ary international law, while “genocide” is a

9 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

THE EIGHT ORPHAN PAGES OF THE ZEYTUN GOSPELS

Seldom is thought given In about 1915, the Zeytun Gospels were lios, to Khachatur Vartaped Der Ghaz- to the other victims of geno- taken from the Church of the Holy Mother arian, Prelate of the Armenian Church of cide when what is at stake is of God in Zeytun and handed to Prince Marash, who gave 22 mecid for “freeing human life. When the goal Asadur Agha Sourenian who, because of an extraordinary national treasure.” Kha- is complete annihilation of a people, then his prominent family connections with chatur Vartaped Der Ghazarian, before his naturally, with it there often is complete de- the Turks, was amongst the last to leave own deportation, entrusted the Gospels to struction of artifacts, literature, churches, Zeytun when all Armenians were ordered Reverend James K. Lyman, a missionary in and culture. And when the goal is survival exiled. Prince Asadur and his family were Marash. Dr. Lyman sent word from Mar- – survival beyond one’s own life, survival not ultimately deported to Marash until late ash to the Zeytun Compatriotic Union in of a people – then naturally, much beyond 1915, at which point he brought the magi- Aleppo that he was in possession of the the individual becomes a priority. It was cal Gospels to Marash with him in order Gospels and was prepared to transfer them the survival of a people that the Zeytuntsis, to save them from certain destruction, and for safekeeping. 100 years ago, were concerned about when also to be protected by their divine power. During a subsequent trip to Aleppo, Dr. they took on the responsibility of saving the In the spring of 1916, the Sourenian fam- Lyman was visited by a delegation of Zey- Zeytun Gospels. ily, which was continuing to safeguard the tuntsis. At the time, Turkish laws were The Zeytun Gospels were illuminated by Zeytun Gospels in Marash, was ordered ex- extremely strict about allowing objects the master artist Toros Roslin* at the scrip- iled to Der Zor in the Syrian desert. Also with historical value to be taken out of the torium in Hromkla for Catholicos Constan- in Marash with the Sourenians was their country. Thus, Dr. Lyman told the delega- tine I in 1256. Prior to the Genocide, the friend and doctor, Dr. H. Der Ghazarian, tion that he could not bring the Gospels out entire Zeytun Gospels were located in the who was working at the German hospital. himself from Turkey, but was ready to en- city of Zeytun and in the joint possession He discovered the Sourenians were going to trust them to the Zeytuntsis if they would of the Sourenian family and their parish be deported and asked to borrow the Zey- send someone to Marash. Otherwise, Dr. church in the same city. The parish church tun Gospels the day before they were ex- Lyman wanted to entrust the Gospels ei- was under the jurisdiction of the Armenian iled. Dr. Der Ghazarian’s ardent requests to ther to the American “Bible House” in Is- Catholicosate of the Great House of Cilicia borrow the Gospels ultimately saved them. tanbul, or to the Armenian Patriarchate through a direct line of elected Catholicos- The doctor, because of his work at the hos- there. With the consent of the Patriarch es from the time of Catholicos Constantine pital, was allowed to stay in Marash longer of Marash, Dr. Lyman was told to pass the I, who commissioned the Gospels, to the than most others. The Sourenian family, Gospels on to the Patriarchate of the Arme- present Cilician Catholicos, His Holiness along with 1.5 million other Armenians, nian Church in Istanbul. Aram I. Through the centuries, the Zeytun fell victim to the Genocide. In the late 1960s, with the consent of Ca- Gospels had become a cultural treasure for With the Sourenian clan exiled to the tholicosate of the Great House of Cilicia, the Armenian Apostolic Church. desert, the Gospels remained temporar- the Armenian Patriarch of Istanbul Arch- Armenians believed that manuscripts ily with Dr. Der Ghazarian in Marash. It bishop Shnork, in an effort to prevent the like the Zeytun Gospels wielded supernatu- is believed that Dr. Der Ghazarian and his Turkish government from sequestering ral powers that would protect and save all sister(s) fled Marash together in the spring sacred church objects, took the Gospels to those associated with its creation and proof 1920 following the retreat of the French Armenia and entrusted them to Catholicos tection. For over six centuries, the Zeytun Army. As the Turkish troops were moving Vasken in Echmiadzin. The Gospels, mi- Gospels were venerated by the Armenians in and the Armenians were under fire, in nus the eight folios containing the Canon of Zeytun – especially during times of war. order to save her life, Dr. Der Ghazarian’s Tables, were then presented to the Matena- During the critical days of the Genocide, sister was forced to leave behind the Gos- daran. The Matenadaran, located in Yere- the full Armenian church hierarchy in pels she was carrying as she fled the city. van, a state museum and the main reposi- procession paraded the Zeytun Gospels Subsequently, a Turkish man found tory for ancient Armenian manuscripts, through every street in Zeytun in order to the Zeytun Gospels and brought them to is where the Zeytun Gospels are currently create a divine firewall of protection around Melkon Atamian in Marash for him to sell. preserved. the city. It is believed that Atamian cut away eight By the late nineteenth century, the Gos- folios or sixteen pages bearing the eight The Canon Tables and Getty’s Acquisition pels were in joint possession of the church Canon Tables and returned the manuscript and the Sourenian family. The Gospels to the Turk stating that he did not want to The eight stolen folios containing the were placed in an iron chest in the wall of handle it. Canon Tables were maintained in the pri- the Church of the Holy Mother of God, se- vate collections of the Atamian family for a cured by two locks. The Church had the The Gospels Without the Canon Tables period of 90 years. The folios were loaned key to one of the locks and the Sourenian to the Pierpont Morgan Library in 1994 for family had the key to the other. The Gos- The Turk, still in possession of the Gos- an exhibition entitled, “Treasures in Heav- pels could only be “freed” by the insertion pels, had nightmares and subsequently en.” The Atamian family’s name remained of both keys at the same time. took the manuscript, minus the eight fo- anonymous at the time of the exhibition.

10 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

Thereafter, the Canon Tables were acquired by the J. Paul Getty Museum.

The Complaint

When Vartkes Yeghiayan heard about the eight loose-leaf pages of the Zeytun Gos- pels at the Los Angeles Getty Museum, he thought of them as Genocide orphans and resolved to help them find their way home. Yeghiayan flew to Antelias, Lebanon to meet with His Holiness Catholicos Aram I. He then traveled to Yerevan, Armenia and met with officials at Matenadaran. Then came the lawsuit. The complaint was filed in the Superior Court of the State of California in 2011 on behalf of the Western Prelacy of the Ar- menian Apostolic Church of America,** established in 1973, headquartered in La Crescenta, California and currently head- ed by His Eminence Archbishop Moush- egh Mardirossian. The Second Amended Complaint alleges the following causes of actions: (1) Replevin; (2) Conversion; (3) Damages under California Penal Code §496; (4) Quiet Title; and (5) Declaratory Relief. In its demurrer, the J. Paul Getty Mu- seum*** argued that Plaintiff’s claims are time-barred under any statute limitations that could apply to this case. In Septem- ber 2010, California enacted AB2765, codified in California Code of Civil Procedure §338, which extended the statute of limi- Circuit (Cassirer v. Thyssen-Bournemisza tations on claims for “the specific recov- Getty argued that the Church discovered all Collection Foundation, Case No. 12-56159), ery of a work of fine art brought against of the necessary information no later than affirmed its constitutionality. a museum, gallery, auctioneer, or dealer,” the mid-1940s. Western Prelacy v. Getty Museum has where the claim involves “an unlawful tak- There was no written opinion, but rather been restored to active status. The parties ing or theft,” to a period of six years from the judge issued his one-word ruling deny- have resumed discovery, with depositions the actual discovery of (i) the identity and ing the Getty’s demurrer from the bench. scheduled. Trial is scheduled for Novem- the whereabouts of the work of fine art and The action was then stayed pending set- ber 2015. (ii) information or facts that are sufficient tlement discussions. Concurrently, a sepa- to indicate that the claimant has a claim for rate case relating to CCP §338, pending a possessory interest in the work of fine art. in the U.S. Court of Appeals for the Ninth

* Art historian Levon Chookaszyan has made the following observation: Scholars engaged in the study of Roslin’s artistic legacy have overlooked a very important detail in the colophons of the artist about himself: “Toros makanun Roslin.” The word “makanun” means “surname” in Armenian, i.e. he wrote, “Toros surnamed Roslin.” However, only Armenians of noble origin had a surname in the Middle Ages; therefore, Roslin indicated that he belonged to nobility; and yet the surname of Roslin does not figure among the noble Armenian families. This means that the surname of Roslin should be looked for beyond Armenia. We propose a new version explaining the appearance of the surname of Roslin in the Armenian milieu. In Scotland, not far away from Edinburgh, there is a village called Roslin and, in close vicinity of it, a fortress and a chapel of the same name, well known far outside the country. The owners of this territory, the family of the Sinclairs or Saint-Clairs, took part in the Crusades. In particular, Henry Sancto Claro or Sinclair, known as baron of Rosslyn/Roslin, fought with Godfrey de Bouillon during the campaign of 1096. If we assume that Crusader Henry Sinclair married an Armenian, and the family was Armenianized in the 11th -12th centuries, then possibly, the roots of the genealogy and surname of Toros Roslin should be sought for here. S. Der Nersessian’s opinion that almost all famous Crusaders who came to the East were married to Ar- menians counts in favor of this hypothesis as well. [http://armenianstudies.csufresno.edu/ArmeniaDigitalProject/biography/biography.html#3] ** Plaintiff is represented by Vartkes Yeghiayan and Michael J. Bazyler, of counsel with Yeghiayan Law Firm, P.C., and Kathryn Lee Boyd and Rajika L. Shah of Brownstein Hyatt Farber Schreck LLP *** Defendants are represented by Luis Li and Fred A. Rowley, Jr. of Munger, Tolles & Olson LLP.

11 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

COMMITTEE FOCUS: NOMINATIONS COMMITTEE

The principal responsibility of the nutshell, the goal of the Nominations Nominations Committee is to deter- Committee is to work all year to help mine the nominees for election to the put together a Board of Governors that Board of Governors of the Armenian will continue to allow our organization Bar Association. The Board is com- to achieve the highest levels of contri- posed of 17 members, divided into bution to the community.” three classes of six, six and five mem- Michael R. Amerian is a Deputy City bers, each member serving a three-year Attorney with the Los Angeles City At- term. The activities and affairs of the Michael Amerian Gary Moomjian torney’s Office. For more than eight Association are managed by or under years, he worked as a prosecutor for the direction of the Board of Gover- mittee is further charged with balanc- that office. For more than three years, nors. The Executive Committee, ap- ing the re-nomination of productive Michael has worked in the City At- pointed by the Board, manages day-to- incumbents with the desirability of torney Office’s Police Litigation Unit, day affairs. bringing on new members with fresh which defends the City of Los Ange- In recent years, as the status of the ideas. les and its police officers in both state Armenian Bar Association has grown, After the Nominations Commit- and federal courts against alleged civil the desirability of holding a Board tee determines a suggested slate, it is rights violations. Michael earned a position has grown commensurately. generally distributed to the member- Bachelor of Science in Foreign Service Accordingly, there is no shortage of ship before the Annual Meeting. While from Georgetown University and a qualified candidates from whom the there is desirability for the number of Juris Doctorate from the University of Nominations Committee must choose. persons on the slate to be equal to the Southern California Law School. The Nominations Committee is number of positions open, it is possible Gary Moomjian is a corporate/secu- composed of two Co-Chairs: Michael that there will be more nominees than rities lawyer in the law firm of Moom- Amerian, based in Los Angeles, and openings. The Bylaws also allow for jian, Waite & Coleman, LLP, Jericho, Gary Moomjian, based in New York. nominations from the Annual Meeting New York, which firm focuses primar- Throughout the year, Michael and floor and such nominations have been ily on acquisitions, corporate finance, Gary are in regular communication. made over the last several years. At the general corporate and litigation. Gary They also communicate with other Ar- Annual Meeting, all nominees are pro- is a graduate of NYU School of Law menian Bar members in their quest to vided an opportunity to make a state- and began his career at Wachtell, Lip- obtain valuable nominee information. ment of intent and interest to the mem- ton, Rosen & Katz, N.Y., N.Y. Prior to any final determination as to a bership. Thereafter a membership vote If you have suggestions, or if you candidate, either Michael or Gary will is held, and those persons receiving the would like to nominate a candidate interview the possible nominee. most votes, up to the number of vacan- for consideration, please email Gary at The Committee considers a number cies, are elected. [email protected] or Michael at of criteria in making its determina- According to Gary Moomjian, “In a [email protected]. tions. One critical factor is the past contributions to the Armenian Bar made by the candidate, as well as anticipated future contributions. Related are the nominee’s accomplishments outside of the Armenian Bar. As Michael Amerian points out, “we are not only looking for someone who shows up for three in-person Board meetings per year, but for someone who is willing to work year-round for the cause in and outside his/her community.” Balance is also sought in terms of geography and gen- der. With respect to geography, Board Annual Meeting and 25th Anniversary Gala Banquet membership currently covers the west June 12-14, 2015 coast, east coast, middle America and Montage Beverly Hills Canada. Board members are also en- Details to follow couraged to donate financially to the Armenian Bar. The Nominations Com-

12 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

ARMENIAN BAR’S SCHOLARSHIP RECIPIENT TRIUMPHS AT JESSUP MOOT COURT REGIONALS

Alexander Bedrosyan, a recipient of the Armenian Bar Association’s 2014- 2015 scholarship, along with Katy Akopjan, another Armenian student on the University of Pennsylvania’s team, took first place honors at the Phillip C. Jessup International Law Moot Court U.S. Regional competition in Wash- ington, D.C. By winning the U.S. regional competition, they will represent the United States in the international rounds in Washington, D.C. this April, where they will compete against teams from over 100 countries. In addition to winning the overall national competition, they received the award for the best memorial (brief), Victorious teammates Alexander Bedrosyan, Katy Akopjan and Pinky Mehta placed first in the preliminary round- was not to familiarize himself with the submits a written memorial (50-page robin, and won a number of best oralist field of international law, but rather essay) presenting the country’s argu- awards. This year’s Jessup case, titled to develop his oral and written skills. ments. Then, each pair defends those “The Differences Between the States Alexander is an Executive Editor on arguments in oral rounds at the region- Concerning the Secession and Annexa- the University of Pennsylvania Law al competition. In the oral rounds, each tion of East Agnostica” is based on a Review, the oldest law review in the pair speaks for 45 minutes (22.5 min- fact pattern similar to the recent events country. This summer, he will work in utes for each oralist) and answers fre- in Russia, Crimea, and Ukraine. the area of international arbitration for quent questions from a panel of three Born in Baku, Katy came to the the law firm Hughes Hubbard & Reed judges. The judges consist of former United States as a refugee during the in Washington DC. Justices at the International Court of anti-Armenian pogroms in 1988. She In an email to the Armenian Bar, Justices as well as other practitioners graduated from NYU in 2012. A phe- Alexander stated: “The issues in the of international law. Oralist advocates nomenal public speaker, she has seven competition revolved around the self- are evaluated on their knowledge of years of mock trial experience from determination of peoples. Your schol- the law and the facts of the case, their her high school and undergraduate arship assistance has thus helped me ability to answer questions, and overall years. In addition to oral skills, she is gain the skills necessary to advocate on presentation style. also a gifted writer; she is one of only issues of great relevance to Armenia. “We went an undefeated 7-0 in oral 18 third-year law students at Penn Thank you for investing in me.” rounds over the weekend. Our team who have been selected to teach first- The Jessup competition presents a also won the award for best written year students legal writing skills. Katy dispute between two fictitious coun- memorial. I am not sure if any team adapted these oral and written skills tries before the International Court of has ever won both the oral and written to the field of international law for this Justice. This year’s dispute mirrored components of the regional competi- competition. After graduation in May, the events taking place in the Crimea, tion before,” Alexander said. Katy will work for the law firm Lowen- in which one country encouraged a se- The international rounds, tak- stein Sandler LLP in New York. cessionist movement by its ethnic kin ing place from April 5-11, 2015, in Born and raised in Toronto, Canada, in the neighboring country. The added Washington DC, include one or two Alexander came to the United States twist was that the region that seceded winning teams from all of the fol- for his undergraduate studies, which contained valuable natural resources, lowing regional and national com- he completed at Columbia University which the two countries had agreed to petitions (https://www.ilsa.org/ in 2012. He has had a strong interest regulate pursuant to a bilateral treaty jessuphome/2014-08-15-09-28-30/ in international law and internation- between them. Thus, the dispute con- national-rounds). Singapore and Aus- al issues, learning several languages cerned issues of self-determination, tralia are historical favorites. Penn’s (French, German, Russian) and work- sovereignty over natural resources, goal, if not to win the world champi- ing abroad on numerous occasions, and treaty interpretation. onship, is to advance farther than any for example through AGBU’s Moscow Competing teams consist of two of the American teams in the interna- Summer Intern Program. Thus, un- pairs, each of which represents one tional rounds, in order to make a claim like Katy, the challenge for Alexander of the fictitious countries. Each team to being the best team in the country. 13 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

GENOCIDE DENIAL ON TRIAL AND ON WORLD’S COMPUTER SCREENS

By Harry Dikranian

As was widely reported Mr. Robertson’s representations be- inçek really is and why he is on this because of the involvement gin immediately after the Armenian relentless campaign to deny the Arme- of Ms. Amal Clooney, on government’s representative Gevork nian Genocide.” January 28, 2015, a hearing Kostanyan at 1:30:15 and Ms. Cloon- As repeated during oral argument took place in Sorbonne, France, before ey’s at 1:42:30. It is also accessible by and Professor Akhavan agrees: “Clear- the Grand Chamber of the European selecting intervenants in a scroll down ly, the case is not about whether in- Court of Human Rights. menu and selecting “Tiers Intervenant: ternational lawyers could dispute the The case involved Doğu Perinçek, Arménie.” legal classification of those events as the leader of the left nationalist Turkish Although somewhat colorful, the genocide, and it would be a mistake to Workers’ Party, who had been found Armenian government’s position was go to Court and argue that it is a geno- guilty of “denying the Armenian geno- cogently made and an overall positive cide as if that is the issue. The issue is cide for racist motives” in three speech- contribution to the debate. whether Perinçek has discriminatory es in Switzerland, contrary to Swiss It is worth noting, since it was not motives and (given his actions, associa- law. part of oral argument, that there were tions and previous criminal conviction) The Turkish government intervened written submissions by a third party the answer to that question is rather in the case to support Perinçek even non-state intervenor. This intervenor obvious.” though in 2008 the Istanbul Penal was a coalition of non-governmental The case has been taken under ad- Court had convicted him for having organizations (NGOs) initiated by the visement. The parties and the interve- been a member of ultra-nationalist Er- Institute for Genocide and Human nors will be advised as soon as a judg- genekon group. In 2008, the Turkish Rights Studies (IAGS and Zoryan In- ment is rendered which is expected 6 court held that Ergenekon was a secret stitute). months after the oral argument but terrorist organization and Perinçek, as After having pressured the Swiss could take longer. a member of that group, was found government to move the appeal to guilty of plotting against the govern- the Grand Chamber, through a mas- ment. Other members were again con- sive publicity campaign in Switzer- victed in 2011. land, with lobbying also by the Swiss Harry Dikranian is a Before the Grand Chamber, the Ar- Armenian community, the IAGS’s ef- Montreal commercial, menian government was, like Turkey, forts brought in both the Turkish Hu- civil and human rights considered a third party member-state man Rights Association, the oldest and lawyer practicing with intervenor. As a result, it was allowed largest human rights NGO in Turkey, Sternthal Katznelson to make oral representations. Widely and the Truth Justice Memory Centre Montigny. He has suc- written about in the Armenian and for- (Hakikat Adalet Hafıza) in Istanbul. cessfully challenged the application of eign press, the Armenian government According to McGill Law Professor illegal provincial laws in Quebec and was represented by British human and international human rights lawyer Turkey. He is a graduate of Bachelor rights attorney Geoffrey Robertson QC Payam Akhavan, who acted on behalf of Civil and Common Law from the and his associate Ms. Amal Clooney. of the intervening NGOs, the Turkish McGill University’s Faculty of Law The entire hearing is available at the government’s intervention “argues and has served two terms as a mem- website of the Court: desperately that only what Perinçek ber of the Armenian Bar Association http://www.echr.coe.int/Pages/ did in Switzerland is relevant; that the Board of Governors, currently as Co- home.aspx?p=hearings&w=2751008_2 Court could somehow ignore who Per- Vice Chair. 8012015&language=fr&c=&py=2015

NOW ACCEPTING APPLICATIONS FOR ANNUAL SCHOLARSHIP PROGRAM The Armenian Bar Association a strong commitment to the Armenian internship programs and presenta- is pleased to announce that it is ac- community, particularly in humani- tions by legal scholars. cepting applications for its Annual tarian and/or law-related endeavors. Students interested in applying for Scholarship Program. The Program The Scholarship Program is primarily an Armenian Bar Association schol- is designed to support meritorious funded by donations and by fundrais- arship should obtain an application students of Armenian descent at- ing events hosted by the Armenian Bar at the Armenian Bar Association’s tending, or accepted for admission Association. In addition to the Schol- website (www.armenianbar.com). to, an approved law school in the arship Program, the Armenian Bar As- The application must be received no United States, Armenia or elsewhere. sociation supports Armenian law stu- later than midnight (PST) on Friday, Recipients must demonstrate an out- dents through its varied programs and April 17, 2015. standing academic record as well as events including the mentorship and

14 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

(L-R) Saro Kerkonian, Stella Chalian, Peter Hosharian, Azniv Ksachikyan (L-R standing) Jacqueline Pelaez, Lucy Varpetian, Irene Sassounian, Archbish- Armen K. Hovannisian, Garo Ghazarian op Hovnan Derderian, Armen K. Hovannisian; (seated) Garo Ghazarian, Saro Kerkonian, Hovanes Margarian MEMBERS HONORED AT WESTERN DIOCESE CHRISTMAS BALL

The Eleventh Annual Christmas Ball The festivities began with a reception opportunity to share their accomplish- of the Western Diocese of the Armenian and a tree lighting ceremony followed ments with us all.” Church was held on Saturday, Decem- by a sumptuous dinner. His Eminence United States Congressman Adam ber 6, 2014, at the Diocesan Complex Archbishop Hovnan Derderian, Pri- Schiff was in attendance and added in Burbank. Each year, the Western mate of the Western Diocese of the his remarks as well. Also present was Diocese recognizes several individuals Armenian Church, addressed the 400 Armenian Bar Chairperson Armen for their professional accomplishments guests in attendance, shedding light K. Hovannisian and past Armenian and for their contributions benefitting on the theme for this year’s ball: “Our Bar honorees of the gala event, Garo both the Armenian and American com- theme this year, ‘Shine Your Light,’ Ghazarian, Saro Kerkonian and Lucy munities. Among the ten honorees se- truly captured the spirit and purpose Varpetian. Guests were entertained by lected in 2014 were the Armenian Bar of its mission to recognize the talent of live musical performances of several Association’s Pro Bono Committee Co- a group of dedicated men and women well-known singers and quite literally Chairpersons, Azniv Kasachikyan and of our community. We are proud of danced the night away. Peter Hosharian, as well as attorney the opportunity to shed light on their Arthur S. Charchian. achievements and to allow them the

Melineh Blackwell Verma on Embassy Row in New Delhi Former Armenian Bar Board Mem- ber Melineh Blackwell Verma partici- pated in the swearing-in of her husband, Richard Verma, who recently was confirmed U.S. Ambassador to In- dia. Secretary of State John Kerry pre- sided over the event. Melineh, Ambas- sador Verma, and their children were on hand to receive and welcome Presi- dent Obama and First Lady Michelle Obama last month as they stepped off Air Force One on his January visit to India. “It is a great honor for our family to be here in India furthering U.S. relations with the world’s largest de- mocracy,” she said. You can find the Secretary of State John Kerry administering oath of office to Ambassador Richard Verma Embassy’s website at http://newdelhi. of course there has been a strong asso- great place for us to teach our own chil- usembassy.gov/. “India is a land rich ciation of Armenians in India for many dren about the importance of diversity in diverse cultures and languages, and centuries, and Rich and I feel this is a and appreciation of different cultures,”

15 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

ARMENIAN BAR MEMBERS FIGURE PROMINENTLY IN GENOCIDE CENTENNIAL COMMEMORATION IN ISTANBUL Groups To Bring Together Turks and Armenians from Around the World

Turkish and Armenian- American organizations are working together to commemorate the centennial of the Armenian Genocide on April 24, 2015, and to encourage Armenians from around the world to attend. The concerted campaign by Ottoman leaders a century ago resulted in the deaths and exile of the vast majority of their Armenian citizens. While Turkish groups have organized memorial events in Istanbul for the past several years, DurDe and Pro- ject 2015, a US-based organization, are working to ensure that a large contin- gent of Armenians come to Turkey for the historic centennial commemora- mittee. “For many of us, this is a first ready.” tion. return to the lands of our ancestors, DurDe is one of Turkey’s leading “We encourage and welcome Ar- who lived here for thousands of years civil and human rights organizations, menians from around the globe to before their murders and expulsions working to combat racism, nationalism assemble with citizens of Turkey in 100 years ago.” and hate crimes. It is an activist net- Istanbul to participate in these memo- Discussion of the Armenian Geno- work that in recent years has played an rial events,” said Levent Sensever of cide in Turkey remains a highly sen- important role in organizing commem- DurDe. “As Turks, we want to express sitive subject in Turkey and subject to orations of the Armenian Genocide in our solidarity with Armenians as we criminal sanctions. The Turkish gov- Istanbul. Project 2015 is a US-based pay our respects to the victims and sur- ernment has prosecuted journalists, non-profit organization comprised of vivors of this terrible crime, and press writers and academics for making Armenians, Turks and Americans to our government to recognize the Geno- reference to the Armenian Genocide. encourage wide participation in the cide.” However, past commemorations of the commemoration events in Istanbul. The events in Istanbul will include a Armenian Genocide in Istanbul have “Commemorating the Armenian public assembly in Taksim Square on taken place without incident, and with Genocide in the place where the crimes the evening of April 24. It will also in- the benefit of municipal police protec- took place will be a deeply meaning- clude a memorial service at Şișli Arme- tion. ful experience,” said Nancy Kricorian, nian Apostolic Cemetery (Șișli Ermeni In 2014, then-Prime Minister Recep Project 2015 board member. “Our pres- Gregoryen Mezarliği), where Sevag Tayyip Erdoğan expressed his condo- ence in Istanbul will be a form of resist- Şahin Balikçi is buried; Balikçi was an lences to the grandchildren of “Arme- ance to erasure and denial.” Armenian soldier serving in the Turk- nians who lost their lives in the context For more information about Project ish military and murdered by a Turkish of the early 20th century” but failed to 2015 and the planned commemoration soldier on April 24, 2011. Information acknowledge the role of the Ottoman events, visit: about the planned events can be found government in systematically causing http://www.armenianproject2015.org/ Facebook: https://www.facebook.com/Ar- at www.armenianproject2015.org. these losses. The Turkish government menianProject2015 “As Armenians, we are going to Is- has refused to recognize the massacres Follow on Twitter: @2015_Project tanbul to memorialize the brutal mas- of the Armenians as genocide. Email for questions: armenianproject2015@ gmail.com sacre of our family members, and to “As Turks, we are striving to broaden remind the world that 100 years later, the space to discuss the events leading For more information about DurDe, visit: we are still seeking justice and account- to the near total destruction of one of https://www.durde.org Facebook:https://www.facebook.com/yuzy- ability from the Turkish government,” the region’s oldest indigenous com- illik.yuzlesme said Sarah Leah Whitson, board mem- munities,” Sensever said. “We want to Follow on Twitter:@DurDeTr ber of Project 2015, active Armenian demonstrate to the world that while For information about the Armenian Geno- Bar Association member from New the Turkish government may not be cide, visit: York, and former Chairperson of the ready to come to terms with this coun- http://www.armenian-genocide.org/geno- Armenian Bar’s Rights Watch Com- try’s past, we as citizens of Turkey are cidefaq.html

16 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

CALL FOR LAW JOURNAL PAPERS CREATIVE CORNER

On the occasion of the centennial of the Arme- WESTERN DIOCESE CHRISTMAS BALL nian Genocide, the Armenian Bar Association December 6, 2014 will publish a law journal encompassing a collection of manuscripts focusing on the range of To the parish council of St. Leon’s crest, potential legal responses to the events of 1915-1923, which to Archbishop Derderian and the Diocese of the West. resulted in genocide and dispossession. A call for papers To the Armenian Bar Association which I represent, has been initiated and is directed exclusively to students to my fellow brethren of Armenian descent. currently enrolled in any law school in the world. The authors of the top three articles will be awarded monetary I stand before you as a humble honoree, scholarships, with $3,000 for first place, $2,000 for second atop the shoulders of those who came before me. For I had the fortune of being the son, place, and $1,000 for third place. The deadline to submit of parents who led our community as one. manuscripts is April 24, 2015. Armen K. Hovannisian, Chairman of the Armenian Bar As a child I watched Maestro Hosharian tether, Association, described this important research, writing and the cultural strings that hold us together. implementation initiative as follows: “Turkey pirouetted Whether it was promoting young Armenian stars, to the vulgar dance of denialism throughout most of the or cooperation between Tashnaks and Ramkavars. first century after the Genocide. While the tricksters’ spins and swirls of indecency will reappear, probably stronger So I set it upon myself at an early age, still, in the second century after the Genocide, they had bet- to advance my talents on and off the stage. A dancer, musician, athlete and writer with modest skills, ter get used to having some company. A whole nation will I became an attorney--so I could pay my bills. lie in wait little longer. Though many years and several lifetimes have passed between the wrongful acts and their In my 20 years as an Armenian/American lawyer, judgment days yet to come, we-and not time--will heal our I’ve had more adventures than Tom Sawyer. own wounds.” But nothing has brought me greater glee, Contributors are asked to concentrate their efforts on the than a client saying that I saved his family. following: Research, analyze, and write on the viability of legal claims, under the laws of the United States and/or When a grown person joyfully weeps in your embrace, under international law, to reparations and restitution for the meaning goes far beyond the underlying case. I would be remiss if I didn’t credit my wife, damages and losses resulting from the Armenian Genocide. whose beauty, intellect, and dedication exalt my life. Please discuss who (i.e., descendants of victims/survivors, the Republic of Armenia, Armenian Churches, etc.) has My inheritance bestows upon me an 11th commandment, standing to sue, the applicable substantive law, the appro- to work tirelessly for our spiritual enhancement. priate forum for the prosecution of claims, and any appli- So it is with this glorious vision in sight, cable judicial/tribunal precedent. Included in the discus- that I will always shine my God given light. sion should be an analysis of the status of the Republic of Turkey as a successor state to the Ottoman Empire and the On the occasion of his esteemed honor and award, Peter Republic of Turkey’s legal responsibility to pay damages Hosharian composed the above inspiring rhyme. Peter Ho- and make reparations for events that occurred during the sharian is a solo practitioner in Glendale, CA. His practice focuses on Personal Injury and Immigration. Ottoman Empire. In addition, a critical study of the anticipated defenses (i.e., statutes of limitation) and a discussion of a claimant’s potential arguments against such defenses The Creative Corner is a place for sharing essays, poems and short should be made. stories. Space restrictions may limit our ability to publish all en- The editorial board offers the following recommenda- tries, but we encourage those of you with a creative drive to share tions: the articles to be printed will analyze the given is- your creations with our readership. Please email your inquiries or sue and suggest a solution. Such analysis usually articulates submissions directly to [email protected]. some background information to inform the reader, before turning to an existing or novel argument. Along these lines, published articles regularly follow a traditional roadmap of electronically, preferably in Microsoft Word format, to info@ introduction, background, analysis/argument, and conclu- armenianbar.com. Articles must be under 12,500 words in sion, and provide a comprehensive treatment of a particular length—the equivalent of 25 law review pages—including area of law. Articles tend to be formal in both the author’s text and footnotes. Please use footnotes rather than end- tone and in the obligation to ground information and analy- notes. Footnotes should conform to the 19th edition of The sis in comprehensive substantive support via consistent ci- Bluebook. Please also include a table of contents, a current tation. CV, and a cover letter with the author’s name, address, tel- We encourage contributors to submit their manuscripts ephone number, and email address. 17 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

RAFFI YESSAYAN APPOINTED JUSTICE OF MASSACHUSETTS SUPERIOR COURT

By David Boyajian Raffi Nerses Yessayan has begun gration law. His clients ranged from serving as a justice of the Massachu- children, the poor, the mentally ill, and setts Superior Court. Nominated by the drug-addicted to businesspersons then-Governor Deval Patrick in Sep- and police officers. tember 2014, he was unanimously ap- In 2010, the Quincy (Massachusetts) proved two months later by the eight- Bar Association gave him its Public member, elected Governor’s Council. Service Award. The Massachusetts A graduate of the New England House of Representatives appointed School of Law, the University of Mas- him to its Gun Advisory Group in 2013 sachusetts at Boston, and Boston Latin because of his expertise in prosecuting School, Yessayan, 46, moved to the gun offenses. United States from Lebanon with his As a justice, Yessayan was required family in 1970. to give up his private practice. He was born in Khalil Badawi, a Bei- He has authored two crime novels rut suburb, to Nerses Yessayan and published by Ballantine Books/Ran- Azniv Garabedian Yessayan. dom House: 2 in the Hat and 8 in the Among the reasons for Berman’s loss From 1995 to 2007, Yessayan was an Box. Each focuses on the hunt for a se- were his large, questionable contribu- assistant district attorney (ADA) for rial killer in Boston. tions to political candidates, and a lack Suffolk County, which includes Boston. On arriving in America in 1970, the of candor about having asked then- During his tenure, the Brian J. Honan Yessayan family settled in West Rox- State Senator, now Congresswoman, Charitable Fund gave him its award for bury, a mainly blue-collar and middle- Katherine Clark to call governor’s “excellence in the courtroom and com- class white and Irish Catholic neigh- councilors on his behalf. mitment to the communities we serve.” borhood of Boston. The father, Nerses, Another factor was Berman’s po- Yessayan was a board member of the owned a local Mediterranean imports sition as a national commissioner of George Lewis Ruffin Society. Named business. the Anti-Defamation League (ADL), after the first African American (1834- When Raffi was 7, his mother Azniv known for diminishing the factuality 86) to graduate from Harvard Law passed away, leaving her husband, of the Armenian Genocide and work- School, it serves minority communi- three daughters, and four sons. The ing with Turkey against a congression- ties. Yessayan was also board president oldest children, Hasmig and Hagop, al resolution on that genocide. Though of the Dorchester Community Center helped to raise their siblings. Their fa- Berman claimed to have opposed the for the Visual Arts, which offers art ther died in 2008. ADL’s anti-Armenian policies when classes for children. For Read Boston, Raffi Yessayan’s paternal grandfa- they made national and international a literacy program for children, he read ther, Yessayi Yessayan, hailed from the headlines in 2007, there was little proof to students and helped to select books city of Aintab. Though he survived the of that. for its annual awards. Says Yessayan of Armenian Genocide because the Turks Associate Superior Court Justice Car- his community work, “I am trying to needed his carpentry skills, he later ol S. Ball testified for Yessayan at his make a difference.” died in his mid-20s in Aleppo, Syria. Governor’s Council hearing. She called He co-produced “Understanding His wife’s name was Serpouhi. him “extremely intelligent and talent- Violence,” a gang prevention film and Raffi Yessayan’s maternal grand- ed” and “blessed with common sense curriculum intended for young people, mother, Rebecca Tashjian Garabedian, and great compassion.” teachers, and mental health profession- was from Severeg in the Dikranagerd/ He is one of about 80 Superior Court als. Diyarbakir province of Western Arme- justices in Massachusetts. Justice Yes- In his first years as an ADA, Yessay- nia. She was the only member of her sayan’s wife, Candice, teaches college- an prosecuted violent felonies, drug family to survive the genocide. Rebec- level English. trafficking, illegal firearm possession, ca’s husband, Krikor, survived the gen- Yessayan has addressed Armenian and juvenile offenses. As a rapid in- ocide that killed his family. They met in organizations, including the Men’s dictment prosecutor, he brought shoot- an orphanage in Jibeyl, Lebanon. Club of St. James Armenian Apostolic ing cases before grand juries within 48 Many Armenian Americans are fa- Church in Watertown, Mass. hours. miliar with the Superior Court because He is apparently the first Armenian In 2002, he became chief ADA for the of the unsuccessful candidacy of at- American to sit on the Massachusetts “Gang Unit.” Working with federal and torney Joseph Berman. Nominated Superior Court. state agencies and the Boston Police, he by Governor Patrick in 2013, Berman supervised gang-related prosecutions. failed to win approval by the Gover- David Boyajian is a freelance Armenian- After leaving the DA’s office in 2007, nor’s Council after a long, heated bat- American journalist. Many of his articles are Yessayan began a private practice fo- tle that aroused Boston media and the archived at Armeniapedia.org. This Article was cusing on criminal defense and immi- legal establishment. Originally printed in the Armenian Weekly.

18 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

THEIR DAY IN COURT: ARMENIAN MIDDLE SCHOOL STUDENTS AT THE LECTERN

By Sarkis Jacob Babachanian

Evan Shem stood in court, accused of grand theft. Prosecutors alleged Shem, an art student, used a position of trust to steal Fletcher Yazoo’s Treason, switching the valuable painting for his own expert copy. Evan’s good name, budding career and free- dom were all on the line, entrusted to his defense team, an intrepid band of middle- schoolers from Armenian Sisters Academy (ASA) in Montrose! Welcome to the Constitutional Rights Foundation California Mock Trial Pro- gram. Here, students from 6th through 12th grade spend countless hours prepping with Lawyers of tomorrow, in chambers with Los Angeles Superior Court Judge Gregory Keosian and moot court detailed fact sheets, witness statements and mentor Sarkis Babachanian real-world rules to zealously litigate crimi- “It’s an interesting transformation to see,” at the Stanley Mosk Courthouse to make nal cases in actual courtrooms. says Sarkis Jacob Babachanian, an ASA opening statements, conduct direct and Under the able supervision of teach- attorney-coach and Armenian Bar Asso- cross-examinations, and deliver closing ar- er-coach Will Bassett, ASA has fielded a ciation member who volunteers along with guments. Time limits are strict and coaches middle school Mock Trial team (the only Saro Kerkonian, an Armenian Bar Associa- are relegated to the role of spectators as Armenian middle school team in the pro- tion’s Executive Board Member. “New team the team goes it alone. Volunteer judges gram) for over six years now. Each autumn, members come in enthusiastic but intimi- - California jurists and lawyers – render teens and tweens become prosecutors, de- dated, find their comfort spots, put their judgment and keep score. What ultimately fense counsel, lay and expert witnesses, noses to the grindstone and work. Soon counts isn’t so much a decision of guilty or bailiffs, clerks, timekeepers and, often, you see their metamorphosis into confident not guilty, but the numbers – how well the courtroom artists. The team spends months trial advocates in command of the law and team performed. And they’re all aiming to in an elective class, after school practices – facts. It makes me smile.” make it to the finals. and on occasional weekends – honing their And as much as winning is important, so, ASA’s team has always performed val- research, critical thinking, public speak- too, is the experience. Says Babachanian, “A iantly, often competing against large ing and pizza-eating skills. In preparation couple of years back, a key witness, over- schools with student populations in the for trial, students apply the advocacy tech- come with stage fright, hid out in a phone thousands. This year, two students – Rita niques they’ve learned to principles of con- booth at Mosk Courthouse. With gentle en- Bedrosian and Elizabeth Hovakimyan – stitutional and criminal law, criminal pro- couragement, she went forward, played her won first place awards as the best witnesses cedure and evidence. In essence, the team role well and signed up again the following for their roles in the competition. Both girls learns how to create and deliver persuasive year. The program builds confidence.” received awards from the Constitutional legal arguments. When trial time comes, students gather Rights Foundation and later this month will be recognized by the Los Angeles County Board of Supervisors. ASA’s 2014 team made very positive strides and will work to advance even farther next year.

Sarkis Jacob Babacha- nian has over 20 years of experience in both criminal and civil litigation, and mediating litigated cases in both state and federal courts. He is a graduate of Southwestern Law School and for many years has served as the attorney-coach for the Arme- nian Sisters Academy Mock Trial team. This year, Sarkis was appointed to the Board of Di- rectors of the Glendale Bar Association. Broad smiles and bright futures gather in court, with left to right (standing) team coaches Sarkis Babachanian and Will Bassett, and Los Angeles Superior Court Judge Zaven Sinanian

19 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

Forget-me-not: honoring the history of Japanese and Armenian Americans

By David Mas Masumoto

The article below appeared in the Fresno Bee on February 14, 2015. It was with something far beyond interest that we read about the ties that bind our communities--shared, if not somewhat different, experiences of undeserved inhumanity followed by generations of silent sacrifices and, finally and hopefully, the balm of redemption. The article, most of all, refreshed the meaning of the Armenian Bar Association’s recent pilgrimage to Manzanar.

Forget-me-not. A small, Remembrance Day of the Armenian folded for almost a decade. delicate, five-petal flower. Genocide, and this year, 2015, marks The government of Turkey has re- Legend says when this tiny the 100th anniversary. jected this history, claiming no pre- flower was created, color In the 1980s, Japanese Americans meditation in deaths and no systematic was missing. The flower cried out, received some recognition when a re- attempt to destroy a people. Compli- “Forget me not!” and a small dash of dress campaign was launched. My cated by international politics and stra- blue was added so all will remember. family received an official letter of tegic military geography, many in our Prefers moist habitats where not native. apology from the U.S. government and own government have refused to ac- Chosen as the flower to commemorate President George Bush. But for many knowledge the genocide, often citing the 100th anniversary of the Armenian Armenians, they still wait; some politi- the need for an ally in the Middle East. Genocide. cians even deny the genocide occurred. Acknowledgment and recognition. While growing up in a small Japanese That’s why I pause to remember the For decades, my family carried the se- American farm community south of meaning of Feb. 19, the day President cret of Japanese American internment. Fresno, I had lots of Armenian friends. Franklin D. Roosevelt signed Execu- My family had been shamed: It took I did not know it at the time, but we tive Order 9066 in 1942, which granted public recognition to free themselves all carried secrets and wounds that our authority for the military to arrest and of this burden. families spoke little about. There were intern all Americans of Japanese ances- Likewise, the Armenian Genocide no communitywide recognition events, try. And that’s why this year, for this must also be remembered. There are each family bore the weight of history special anniversary of the Armenian few, if any, direct survivors of the kill- privately. Genocide, I also stop to remember. Our ings. But their stories enable us to relive During World War II, Japanese Amer- two communities share a tragic history this history and make it real. Then we icans had been rounded up, forced to and a burden of a past we should never can put our personal family histories in evacuate and were interned in reloca- forget. context — why one community, trau- tion camps. My family spent years be- “Remember and demand” was cho- matized by atrocities, left a homeland hind barbed wire, because they looked sen to commemorate the 100th an- in order to begin new lives. like the enemy. niversary of the Armenian Genocide. This is all part of a hidden history In 1915, Armenians began to flee a April 24, 1915, the date when hundreds when wounded families were com- reign of terror in their native homeland of Armenians were rounded up and pelled to privately carry a dark, unspo- in Eastern Europe; hundreds of thou- killed, marking the beginning of the ken tragedy. This silence can dismiss sands were killed and displaced. Many first genocide of the 20th century. His- history. Or it can demand we remem- families fled to the Central Valley of torians estimate that 1.5 million were ber. California to start anew. murdered, in addition to the rape and By instilling memory and repeating I grew up in wounded communities. beatings of countless others. the story of this past, we can reclaim Japanese and Armenian Americans Genocide is the targeting and kill- this history. Japanese and Armenian could never escape the scars of the ing of a specific people, often by race Americans are descendents of a trag- past. For years, we carried the burden or ethnicity. During the collapse of the edy, and we bear the responsibility to of history privately. Ottoman Empire in the early 1900s, the remember. Only with stories can we This is a story about remembering Young Turk movement seized power become living monuments to a past never to forget. Many Valley residents and sided with Germany during World that forever changed our communities. share a past too often ignored. Feb. 19 War I. Armenians were deemed the en- Acknowledge history so that it may has been declared a Day of Remem- emy, because they had supposedly sid- never be repeated. Honor those before brance for the Japanese American ed with Russia in that war. A campaign us by repeating their stories of struggle internment. April 24 is proclaimed of mass executions and massacres un- Continued on page 21 20 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

Federal Magistrate Judge Jacqueline Chooljian and Zepur Simonian imparting California Dept. of Transportation’s Steven Dadaian offering information and words of wisdom insight

Gathered to give and receive career counseling and opportunities Los Angeles County Assistant District Attorney Fred Mesropi drawing a crowd and extending advice ARMENIAN BAR ASSOCIATION PARTNERS WITH SOUTHWESTERN LAW SCHOOL AT SEMINAL STUDENT EVENTS By Tonya Moralyan On Saturday, January 31, 2015, South- Dimijian; Sevan Gobel; Lauren Hazari- professors, where they also had the op- western Law School, in collaboration an; Naris Khalatian; Lina Melidonian; portunity to ask questions, seek advice, with the Armenian Bar Association, Fred Mesropi; Tigran Palyan; Zepur make friends, and wrap up the day welcomed approximately one hundred Simonian; Sona Tatiyants; and Lucy with tours of the campus, including the current and prospective Armenian- Varpetian. Dean’s Office as well as the on-campus American students to its special annual Meanwhile, eager prospective stu- LEED Platinum-certified Residences at event at the historic Bullocks Wilshire dents received a reality-based glimpse 7th. landmark campus. The day’s events of law school by sitting in on a mock “We are excited to welcome everyone ran on two tracks – one for current law class taught by distinguished professor to our vibrant and friendly campus, students and one for prospective law Rachel VanLandingham. The program and to extend to fellow prospective students. followed with a panel of Armenian Armenian-American students a real The first session saw the unveiling Law Students Association members taste of law school here at Southwest- of a distinguished and diverse panel who shared with future law students ern,” said members of the ALSA Board. of practitioners offer career pointers tips on how to succeed in law school, Southwestern, with more than 100 Ar- across a broad spectrum of disciplines, and advice on particular courses, hon- menian law students, boasts the larg- followed by a speed networking com- ors programs, and career paths. Over est Armenian student body of outside ponent for current law students. The fifty prospective students then enjoyed of the Republic of Armenia. students welcomed the opportunity a luncheon with current students and to network with prominent South- western alumni and members of the Armenian Bar Association from various areas of the legal profession–from David Mas Masumoto ment. In the spring, they will bloom entertainment to family law, and from and commemorate the Armenian Gen- solo practice to the judicial bench. “I’m ocide. I dream of our two communities so thrilled to have Southwestern Law Continued from page 20 filled with thousands of these delicate School and the Armenian Bar Associa- and survival. By bearing witness, we tion afford us this invaluable experi- flowers, a crescendo of whispers unit- ence to network with successful Ar- are able to confirm true our family’s ed in a single cry: Forget me not. menian-American lawyers,” remarked private and personal stories and shine first year student, Daniel Repchian. a public light on their proper place in This article has been reprinted with per- Special thanks go to principal or- history. I hope we can demand nothing mission of the author. Award-winning ganizaers Professor Anahid Gharakha- will be forgotten. author and organic farmer, David Mas nian and Armenian Bar Board Member Hovanes Margarian, as well as to the This month I will plant forget-me-not Masumoto of Del Rey writes about the San panelists: Sally Avitsian; Judge Jacque- flowers in honor of Japanese Americans Joaquin Valley and its people. Email: mas- line Chooljian; Steven Dadaian; Harout who endured evacuation and intern- [email protected]. 21 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

(L-R) Chairman Armen K. Hovannisian, Sponsor John Andraos, Judge Suzanne (L-R) Tina Odjaghian, Anna Sarukhanyan, Tina Eshghieh and Sara Bedirian Bruguera, S. Paul Bruguera, Ashod Mooradian and Board Member Gerard Kassabian TWO BIRDS, ONE STONE, MANY SMILES AS LEGAL EDUCATION BRIDGES TO FUN-FILLED RECEPTION

On December 17, 2014, the Armenian major shortcoming is the problem of tinued with participants having the Bar Association hosted its second an- obtaining fees in advance and then opportunity to develop camaraderie nual Continuing Legal Education and failing to deliver services and making with fellow members of the Bar while Winter Soiree program at the pictur- promises about results that cannot be enjoying the ambience of an art exhibit, esque Beverly Hilton Hotel’s Stardust obtained. music performed by a live band, and Penthouse. Following Mr. Mooradian’s pres- scrumptious refreshments. The ever-popular series provides entation, California Deputy Attorney Armenian Bar Association Chairman members with both continuing legal General S. Paul Bruguera provided an Armen K. Hovannisian stated that “We education credits in those hard-to- ob- interesting lecture about “Court Report- are so pleased to once again provide to tain subjects such as legal ethics and ers and Their Impact on Litigation and our members in one evening and un- substance abuse prevention and an Appeals.” Mr. Bruguera noted that in der one roof valuable education credits opportunity to network and socialize this era of courts operating under severe and to bring together large numbers of with colleagues in various practice ar- financial cutbacks, one of the areas that Armenian attorneys together to forge eas of the law. have been winnowed down has been and foster professional relationships. With over 150 guests in attend- the courts’ provision of official report- We are grateful to our sponsors South ance, the evening started with a CLE ers. Mr. Bruguera raised the point that Western Financial Network & Insur- program moderated by Los Angeles litigators must now often deal with the ance Services, Oak Brook Realty and Superior Court Judge and longtime question of whether to incur the cost The Beverly Hilton for their financial Armenian Bar Association member, of hiring a court reporter to provide an support in making this evening possi- the Honorable Suzanne G. Bruguera. adequate record of the proceedings. He ble.” The first presentation entitled “State emphasized the importance of having Hovannisian concluded: “We also Bar Discipline and Ethical Practice of a court reporter present so that an ade- wish to thank our Board Member Law” featured Senior Trial Counsel for quate record of the proceedings is docu- and Social Media Committee Chair- the Office of the Chief Trial Counsel mented upon which an appellate court man Gerard Kassabian and all of the of the State Bar of California, Ashod may rely in the future. He cautioned members of the committee for organ- Mooradian. Mr. Mooradian gave the that failure to have a court reporter may izing such a wonderful event. We audience an informative lecture of the require the parties to try to reconstruct very much look forward to the next pitfalls to which many attorneys are the record on appeal after trial, and this educational and social program, which susceptible and suggestions as how to may result in an inadequate record for a undoubtedly will be the next install- avoid them. He discussed the types higher court. ment of these stand-out events that our of conduct which most frequently re- Following the presentation, the pan- members have now come to know and sult in discipline, such as trust account elists fielded many questions from the appreciate.” violations, failure to communicate, and audience concerning the topics they To see more pictures from this event, most recently in the area of mortgage presented. visit: https://www.armenianbar.com/ refinancing and foreclosure. Another The evening’s festivities then con- gallery/2014/winter-soiree/.

22 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

The present volume, which celebrates the contributions of American-Armenian women to the United States is the fifth in our Yes, We Have series of books.

Awe-inspiring in scope and diversity, the achievements of American-Armenian women pertain to fields of endeavor ranging from military service and political activism to law and from literature, music, the visual arts, and journalism to the cosmetics and entertainment industries. In all of these spheres, American-Armenian women have excelled with their outstanding service or pioneering ideas, and often been honored with prestigious awards.

102 American Armenian Women 120 pages, 6 X 9 Black and White, Paperback $20 + Shipping www.TheArmenian.com

23 Armenian Bar Association - Winter, 2015 Volume 26, Number 1

2014 – 2015 BOARD MEMBERS AND LIFETIME HONORARY MEMBERS MEMBERSHIP APPLICATION Vicken I. Simonian† Vanna Kitsinian Chairman Emeritus Los Angeles, CA Name [email protected] Executive Committee Armen K. Hovannisian Nigol Manoukian Firm or Chairman Glendale, CA Los Angeles, CA [email protected] Organization [email protected] Hovanes Margarian Address ______Harry Dikranian Glendale, CA Co-Vice Chair [email protected] Montreal, Quebec Phone [email protected] Sonya Nersessian Dedham, MA Edvin Minassian [email protected] Email ______Co-Vice Chair Glendale, CA Tina Odjaghian [email protected] Los Angeles, CA Law School [email protected] Gary T. Moomjian Co-Vice Chair Advisory Board Year of Graduation ______Jericho, NY Honorable Larry A. Burns [email protected] San Diego, CA Admitted to Bar

Saro Kerkonian Hon. Dickran Tevrizian (Jurisdiction/Year) ______Treasurer Los Angeles, CA Glendale, CA [email protected] Administrative Assistant Areas of Practice ______Lisa Boyadjian ______Kathryn L. Ossian Los Angeles, CA ______Secretary [email protected] Detroit, MI [email protected] Honorary Members ______

Garo B. Ghazarian Hon. Alice E. Altoon Chair Ex-Officio Hon. Armand Arabian Interest in Committees: Encino, CA David M. Balabanian [email protected] Hon. Marvin R. Baxter h Armenia Programs Members At-Large Hon. Larry A. Burns h Armenian Rights Watch Gerard L. Cafesjian† Raymond Aghaian h CLE Los Angeles, CA Hon. Samuel Der-Yeghiayan h [email protected] Hon. George Deukmejian Grants

Hon. Jack Hoogasian† h Membership Michael Amerian h Van Nuys, CA Raffi K. Hovannisian Newsletter [email protected] Norma Karaian† h Pro Bono Hon. George Keverian† h Website Sara Bedirian Glendale, CA Carolyn G. Mugar [email protected] Hon. Frank Pallone, Jr. Enclosed please find my check for: Hon. Charles Poochigian Christine Engustian Hon. Aram Serverian East Providence, RI h $1,000 Annual Sponsor Hon. Dickran Tevrizian [email protected] h $125 Annual Membership Dues Vartkes Yeghiayan Gerard Kassabian John Yervant † h (Free) First-Year Admittees and Law Students Beverly Hills, CA h Other [email protected] † deceased

______Message from the Editors Signature Date

The Newsletter was the great passion of Vicken I. Simonian. He was the author of many of the articles that were featured over the years. We hope to con- Please print this application and mail it with your tinue in Vicken’s tradition of writing informative articles for the Armenian Bar check to: Association members and friends. The Newsletter Committee extends its appreciation to Stepan Partamian for his significant and kind voluntary efforts in the preparation and production of Armenian Bar Association the Armenian Bar Association Newsletter. For several years in our organization’s P.O. Box 29111 early history, Stepan helped distinguish our publications in the most favorable, Los Angeles, CA 90029 positive and colorful of ways. We welcome Stepan back to our “newsroom” and thank him for bringing along his inimitable flair and standard professionalism. www.ArmenianBar.com Saro Kerkonian and Lucy Varpetian

24 Volume 26, Number 1 Armenian Bar Association - Winter, 2015

AIMS AND STRUCTURE ACTIVITIES AND BENEFITS

The Armenian Bar Association is a Some of the Association’s operations non-profit, non-partisan organization, include: formed in 1989 to enable attorneys of Armenian heritage to better serve the • Worldwide network of attorneys law, the legal profession, and the Arme- nian community. • Continuing legal education seminars & The Association provides pro bono workshops services and legal education in Armeni- an communities across the country and • Pro bono program sponsors programs to promote democ- • Rule of law projects in the Republic of racy and the rule of law in the Republic Armenia of Armenia. Coming together socially and pro- • Armenian Rights Watch fessionally, members from around the world have the opportunity to learn • Annual and mid-year national from one another as they join their dif- meetings ferent backgrounds and experiences in Association activities. • The Newsletter The Association is a democratic organization. It is supported and directed by • Membership directory its members, who approve its bylaws, elect its Board of Governors, nominate • Amicus curiae submission on issues of prominent jurists as honorary mem- interest bers, and set the Association’s annual goals and policies. • Topical and regional practice groups The Armenian Bar Association is committed to serving the profession of law, • Cooperation with other bar associa- addressing the legal concerns of the tions and lawyers’ societies Armenian community and fostering respect for human and civil rights.

COMMITTED TO SERVE

The Newsletter is published periodically by the Armenian Bar Association. Members and friends of the Association receive a subscription to the Newsletter as part of their membership. Opinions expressed in the Newsletter are those of the authors of the articles and/or the editors of the Newsletter and do not necessarily represent the views of the Armenian Bar Association. © Copyright 2015. Armenian Bar Association. All Rights Reserved.