Armenian Court Ruling Postive Step in Protocols Process: US Ambassador to Turkey

US Ambassador to Turkey James Jeffrey reconfirmed Washington’s position on the Armenian Constitutional Court ruling on the Armenia-Turkey Protocols. In an interview with Sabah, the American diplomat spoke about the process of normalizing Armenia-Turkey relations, the Armenian court’s decision, issues relating to the recently banned Kurdistan Workers’ Party (PKK), and the matter of Cyprus.

Asked whether the Protocols “are dead,” Jeffrey said, “No. Nothing’s dead. With its decision, the Armenian Constitutional Court gave a green light to ratifying the Protocols. There are Nalbandian-Davutoglu contacts.  Read more... (209 words)

“Armenian Constitutional Court Ruling is Untouchable”

Serzh Sargsyan still hasn’t sent the Turkey-Armenia Protocols to the National Assembly for ratification. “A1+” asked head of the NA committee on state-legal issues David Harutyunyan whether the Protocols would be ratified taking the ruling of the Constitutional Court as a basis or not.

“The National Assembly ratifies the Protocols, but by ratifying the Protocols, the NA takes into account the court’s position from the legal angle. Each legal text can be interpreted in different ways. The Constitutional Court presented how the texts should be perceived. From that angle, I believe that although the NA ratifies the Protocols, it definitely takes into account the legal position of the CC”, said David Harutyunyan.  Read more... (284 words)

On Philip Gordon, The Decision of The Constitutional Court

By Ara Papian – Head, “Modus Vivendi” Center

Numerous opinions have been expressed following the decision (on the 12th of January, 2010) of the Constitutio­nal Court of the Republic of Armenia on the Armenia-Turkey protocols. I believe, as I have already had the chance to say, that the decision was extremely significant. Although the decision itself does not resolve any issues in terms of international law, nevertheless, the legal position of the decision – which is mandatory for all, including the legislative and executive branches – creates serious tools for damage control with regards to the potential dangers of the proto­cols. Accordingly, everything henceforth depends on the level of abidance to the law of the president and the National Assembly of the Republic of Armenia.  Read more... (733 words)

Turkey Initiates Legal Consultations Over RA Constitutional Court’s Ruling

Turkey would like to have legal guarantees from Armenia concerning the RA Constitutional Court’s ruling on the Armenia-Turkey Protocols. For that reason, Ankara is beginning legal consultations over the issue.

Ankara wants the US and Switzerland to get involved in the consultations, reports Turkish daily Today’s Zaman. While the US has no direct involvement in the Armenian-Turkish rapprochement, Switzerland is a mediator.

Despite Yerevan’s statement to Turkey that the RA Constitutional Court’s ruling will not affect the normalization process, Ankara insists that that approach be included in a document that has compulsory legal force.

In an interview with Today’s Zaman, a Turkish diplomat said that if the Armenian side thinks the Court’s ruling will not affect the provisions previously agreed upon in the Protocols, then it needn’t avoid including that position in written from.  Read more... (238 words)

Does Turkey Halt The Armenian Normalization Process?

Turkey’s Prime Minister Recep Tayyip Erdogan who is in Saudi Arabia on a working visit has announced that the normalization of Armenian-Turkish relations might be halted, Turkish Anadolu Agency reports.

Erdogan added that the relations between Yerevan and Ankara can be normalized in case the Armenian Constitutional Court reconsiders its decision of January 12 by which the Court found the Armenian-Turkish Protocols as compliant with the country’s Organic Law.

Earlier this week Turkey’s Foreign Ministry announced that the CC decision contains preconditions and restrictive provisions which impair the letter and spirit of the Protocols.  Read more... (151 words)

Turkey Finds Fault with Articles 4 and 5 of the Constitutional Court’s Decision

The Constitutional Court’s January 12 decision established that the Armenian-Turkish Protocols conform to Armenia’s Constitution, but, according to various Turkish media, Article 5 of its six-page decision makes reference to Armenia’s Declaration of Independence in a way that has provoked Turkey.

“The RA Constitutional Court also finds that the provisions of the Protocol on Development of Relations between the Republic of Armenia and the Republic of Turkey cannot be interpreted or applied in the legislative process and application practice of the Republic of Armenia as well as in the interstate relations in a way that would contradict the provisions of the Preamble to the RA Constitution and the requirements of Paragraph 11 of the Declaration of Independence of Armenia,” read the non-official English translation of the court’s reasoning, reports Turkish Weekly.  Read more... (248 words)

Nalbandyan To Call Davutoglu

 ”I plan to call my counterpart Davutoglu to express my doubt and clarify the preconditions that the Turkish side saw in the decision of the RA Constitutional Court and how they contradict the fundamental goal of the Protocols,” announced today RA Minister of Foreign Affairs Edward Nalbandyan in response to the statement issued by the Turkish Ministry of Foreign Affairs.

Yesterday the Turkish Ministry of Foreign Affairs issued a statement according to which the January 12 decision of the RA Constitutional Court contains preconditions that “contradict the fundamental goals of the Protocols”.

“I hope that the Turkish side is not trying to justify its ongoing attempts to set preconditions and conceal the unnecessary process of delaying the ratification of the Protocols through such a statement,” said Edward Nalbandyan.  Read more... (135 words)

Turkey Finds Clauses Contradicting Protocols in Armenia’s Constitutional Court Decision

According to the official website of Turkey’s foreign policy bureau, Ankara believes that there are preconditions which contradict the letter and essence of the Armenian-Turkish Protocols in the Armenian Constitutional Court’s decision.

“On January 12, 2010, Armenia’s Constitutional Court recognized the Armenian-Turkish Protocols signed in Zurich on October 10, 2009, as corresponding with Armenia’s Constitution. That decision was made with a brief announcement. Recently, the Constitutional Court announced the basis for its decision, in which there are restrictive clauses and preconditions that contradict the letter and essence of the Protocols.

“That decision harms the main purpose of the Protocols. We find that approach unacceptable.

“Turkey continues to remain loyal to its assumed commitments in the international arena, including the fundamental clauses of the Protocols.  Read more... (150 words)

Armenia’s Constitutional Court Deprived Ankara of Chance To Accuse Armenia of Possible Failure

In its conclusion, Armenia’s Constitutional Court made clear-cut legal assessment on Armenia-Turkish Protocols, and it’s very good it found documents conformable to Armenia’s organic law, constitutional law expert Vardan Poghosyan finds.

RA CC deprived Turkey of the chance to shift the blame on Armenia in case of possible failure, he told Thursday a news conference organized jointly with Vladimir Vardanyan, Head of International Treaties Department at RA Constitutional Court.

At that, he noted that the court’s decision establishes the framework of relations with Turkey since the conclusion has legally binding effect on all Armenian senior officials, including the President.

Asked by journalist whether National Assembly should make reservations to the Protocols, the expert said he saw no such necessity for that following the verdict of Constitutional Court.  Read more... (239 words)