ARFD urges Constitutional Court to declare RA-Turkish Protocols unconstitutional

January 11, 2010 - 20:48 AMT

PanARMENIAN.Net -
During a rally held Monday near Armenia's Constitutional Court, member of ARFD Supreme Body Hrayr Karapetyan handed a letter to CC Chairman on behalf of all protesters.

The letter, according to ARFD parliamentary group member Armen Roustamyan, contains legally substantiated conclusions on Protocols' imposing preconditions on, and posing national security threats to Armenia.

The Armenian-Turkish Protocols are inconsistent with Armenia's Constitutions, as their elaboration and signing procedures did not comply with the norms prescribed by RA Law on International Treaties, Mr. Roustamyan said.

"If bilateral recognition of borders is not the main issue regulated by Protocols, Armenia should introduce a relevant clause to the document," he said, adding that authorities refrain taking such step for now.

According to ARFD parliamentarian, the letter urges Constitutional Court to declare the Protocols unconstitutional or partially constitutional, to enable authorities to introduce relevant clauses therein. "Only thereafter can Armenia start talks with Turkey," Mr. Roustamyan noted.

The Armenian-Turkish Protocols

The Protocols aimed at normalization of bilateral ties and opening of the border between Armenia and Turkey were signed in Zurich by Armenian Foreign Minister Edward Nalbandian and his Turkish counterpart Ahmet Davutoglu on October 10, 2009, after a series of diplomatic talks held through Swiss mediation.

On January 12, 2010, the Constitutional Court of the Republic of Armenia found the protocols conformable to the country’s Organic Law.

Commenting on the CC ruling, the Turkish Ministry of Foreign Affairs said that “it contains preconditions and restrictive provisions which impair the letter and spirit of the Protocols.” ”The decision undermines the very reason for negotiating these Protocols as well as their fundamental objective. This approach cannot be accepted on our part. Turkey, in line with its accustomed allegiance to its international commitments, maintains its adherence to the primary provisions of these Protocols. We expect the same allegiance from the Armenian government,” the Ministry said.

The ARF Dashnaktsutyun

The Armenian Revolutionary Federation Dashnaktsutyun is an Armenian political party founded in Tiflis (Tbilisi, the capital of Georgia) in 1890 by Christapor Mikaelian, Stepan Zorian, and Simon Zavarian The ARF has the largest number of members from the political parties present in the Armenian Diaspora, having established affiliates in more than 200 countries.

The ARF Dashnaktsutyun led the effort toward the establishment of the first Armenian Republic in 1918 and was the party in power for the duration of its existence. Following the Sovietization of Armenia in 1920, the ARF-Dashnaktsutyun was banned by the Communists and its leadership exiled.

In the Diaspora, the ARF Dashnaktsutyun fought Soviet rule over Armenia and championed the cause of Armenian rights and independence; it played a leading role in organizing a social and cultural framework aimed at preserving the Armenian identity.

The ARF Dashnaktsutyun officially re-emerged in Armenia during the dissolution of the USSR, in 1990.

On December 28, 1994, the activities of the ARF-Dashnaktsutyun were "temporarily suspended" by the Armenian authorities. In view of the political nature of the anti-ARF interdictions by the Armenian authorities, the ARF continued to operate in Armenia. On February 9, 1998, less than a week after the resignation of the then president Ter-Petrossian, the Justice Ministry lifted the ban on the ARF Dashnaktsutyun.

Prior to Serzh Sargsyan's election as president of Armenia and for a short time thereafter, the ARF was a member of the governing coalition, even though it nominated its own candidate in the presidential elections.