Over the years, Armenians have gradually shifted their attention from the recognition of the genocide to the pursuit of legal remedies for their massive losses suffered between 1915 and 1923.
Several lawsuits have been filed recently in U.S. Federal Courts against Western insurance companies and banks. In July, Armenian American attorneys sued the Republic of Turkey and its two major banks, seeking compensation for confiscated properties and loss of income.
A new federal lawsuit was filed last week by attorneys Vartkes Yeghiayan, Kathryn Lee Boyd, and David Schwarcz, along with international law expert Michael Bazyler, against the Republic of Turkey, the Central Bank, and the Ziraat Bank for “unlawful expropriation and unjust enrichment.” The plaintiffs are Los Angeles-area residents Rita Mahdessian and Anais Haroutunian, and Alex Bakalian of Washington, D.C.
The three Armenian Americans, who have deeds proving ownership of properties stolen from their families during the genocide, are seeking compensation for 122 acres of land in the Adana region. The strategic Incirlik U.S. Air Base is partly located on their property.
During the genocide, the Turkish government initially placed all properties belonging to Armenian victims under seal. Subsequently, it directed the Ziraat Bank to hold all proceeds from the sale of seized properties in trust and for safekeeping on behalf of the Armenian owners. These properties were then transferred to the Turkish Treasury and placed under the administration of the Central Bank. The lawsuit accuses the Republic of Turkey, the Central Bank, and Ziraat Bank of unfairly benefiting from the plaintiffs’ seized assets.
The three Turkish defendants are currently engaged in commercial activities in the United States that grants jurisdiction to U.S. courts. The Republic of Turkey operates several state-owned or controlled enterprises in the U.S., such as the Turkish Airlines and Tourism Information Office. Both the Central Bank and Ziraat Bank also have offices in the United States.
In addition to seizing the Armenian plaintiffs’ property, the Turkish government has pocketed the rent paid by the United States for the Incirlik Air Base during the past 60 years. The base is operated by the Army and Air Force Exchange Service—a U.S. Department of Defense entity. Several major American corporations, such as Baskin Robbins, Taco Bell, Pizza Hut, Starbucks, and AT&T transact business and provide services on the base for U.S. troops. These companies have also been profiting from Armenian-owned lands for many years.
The lawsuit claims that the plaintiffs “are suffering harm from the loss of use and proceeds from their property.” Turkey and its Central Bank’s “continued unlawful use of the property causes a direct effect in the United States because a U.S. commercial entity pays money to Turkey to lease the Incirlik Air Base and “is engaged in a long-term business arrangement with defendants….”
The lawsuit also states that the “plaintiffs’ action is additionally based upon their rights in property unlawfully expropriated by defendant Turkey in violation of international law, pursuant to a Turkish campaign of genocide… International law prohibits the taking of property when it is done in a discriminatory way or pursuant to gross violations of human rights. Plaintiffs’ property was taken pursuant to the genocidal campaign of the Ottoman Turkish Empire to destroy, in whole or in part, Armenian Christians in Turkey.”
The plaintiffs assert that after the genocide, the Turkish government transferred Armenian-owned “businesses, factories, shops, farms, and all other economic enterprises into Turkish Muslim ownership.” Yet, the most shocking charge is the accusation that Turkish authorities used “the proceeds derived from the sale of Armenian property to fund their deportation.” It is noteworthy that beyond depriving Armenians of their lives and property during the genocide, Turkish authorities strictly forbade the survivors from reclaiming their properties, by stamping their passports ‘Return prohibited’.”
The Armenian American plaintiffs estimate the current value of the property seized from their families to be $63.9 million, since their land constitutes 3.7 percent of the $1.7 billion “plant replacement value” of the Incirlik Air Base, according to the latest U.S. Defense Department data. The plaintiffs are demanding the current fair market value of their property as well as the accrued rental for the past 60 years, possibly totaling hundreds of millions of dollars. This lawsuit does not include the value of other Armenian properties in Incirlik, including a church and school.
In the coming months, several other lawsuits are expected to be filed in U.S. courts against the Turkish government and other Turkish entities, including a claim for the Turkish Presidential Palace in Ankara, which is located on land owned by the Kassabian family.
It is very encouraging to see momentum building in the defintion of our cause beyond recognition of the genocide. In addition to public recognition, litigation allow us to express the reality of the genocide in a different venue.. the legal system. Aside from the lements of justice, perhaps the legal offensive will provide another motivation to the Turks to abandon their denial and makes ammends. Although this is frightening scenario for Turkey, the best deal for them was yesterday.
Fortunately I have lived long enouigh to see the Armenian ingenuity finally taking fruition on the issue of the Armenian Genocide. Had Armenia been an area where it would profit the U.S. to be a real help to to the Armenian Nation and its diaspora, this issue would have been resolved long ago. Now legal action can become a reality because it is more likely that favorable decisions will be rendered legally than through politics because as Khirimian Hairig said ” we only came with a paper ladle” . Through the courts now maybe we can attend with an iron ladle.
AMEN TO OUR LORD JESUS.. this was a great great news…. I am sooo thrilled to see an advancement in our legal system to persue such a cause..to reclaim what is legally ours….. maybe Turkey can finally see with their ugly eyes that Armenians will not stop and they can’t hide forever.. someone will crack and that will be Turkey … Lies don’t live forever…
I pray for all those lawyers and people who are working on these lawsuits and God’s speed…
Very interesting and impressive article my heartfelt congratulations.
Go for it until the end.
“Justice never dies, get sick and than recovers”. Baruyr Sevag.
Love those Adanatzis!! Shanoravor Soorp Dzunoont !!!!
As an American taxpayer, I resent that efforts of the USA governments have seen fit to advance and embelish the turkeys… paying ‘rents’ for Incirlik, using Incirlik ONLY if a turkey allows (USA built this airport to secure USA needs) and now learn that the lands of the airport were owned by Armenians slaughtered by a turkey!! What has a turkey offered to the USA in return for all the ‘advances and improvements’ which the USA State Department has ‘granted’ to a perpetrator of all the Genocides (19th, 20th, 21st centuries) against the Greeks, Cyprus, Pontians, Syrians, Assyrians, too planned and pursued elimination of the Christian Armenian nation (adopted Christianity in 301AD and then followed by Rome in 307AD). The turkeys have benefitted above and beyond any and all that the turkeys have ‘returned’ in kind. Thus a turkey bullies, tells USA to jump, USA says ‘how high?’ Turkey has benefitted as though a turkey is the 51st state of the USA… via my taxes… committers of Genocides ongoing and unending… Who in Washingotn DC benefits from the turkeys actions (including the destruction of the Woodrow Wilson memorial IN OUR CAPITAL CITY OF WASHINGTON DC… and neither USA State Department nor the White House can speak/acknowledge this desecration of our memorium of a USA president.. Are the USA leaerships “gagged” and beholden to a turkey. Why? Manooshag