For Armenians who fight relentlessly for the recognition of the
genocide, the meaning of the right of action in the European Court of
Human Rights is not obvious. Others however, who may not anymore be
among us nowadays, have started to understand their necessity for the
Armenian cause. This is why it is moving to see that a now late
grandfather had already prepared the ground of the right of recourse for
his grandchildren, by carrying with him all the title of ownership
proving the existence of Armenian properties before 1915.
Every Armenian family has souvenirs at home. But these souvenirs are not
all equivalent. Some of them can be transformed into genuine legal
weapons in the hands of experts. These weapons of the Armenian cause are
the title deeds. With them, each Armenian can claim on behalf his own a
deprivation of property. Each Armenian in exile, who has taken refuge in
a country of adoption, must make a European action if he really wishes
to preserve its statute. The European Court of Human Rights enables
its citizens to effectively defend their rights. It is not merely a
potentiality but a reality, as the massive actions against Turkey on
behalf of Cypriots prove it. Because it is not enough to charge the
torturers, they should also be sentenced, if we really want that the
victims to be recognized. From now on the legal instrument exists, it is
the European action.
Any Armenian who can prove that he was an owner, can and must use its
right of action in the European Court of Human Rights which is in
Strasbourg. The procedure to follow is extremely simple. It comprises
the documents initially attesting the existence of a property by the
applicant, the request (Request in French/English - Application Form in
French/English/Armenian) and the Warrant (Pouvoir in French - Authority
in Armenian). These forms are simple and identical for all. Then the
lawyer does not need the presence of the applicant anymore because he
can carry out alone all the formalities. After reception of the
documents, the European Court of Human Rights answers by giving a
protocol number to the affair. This affair will follow the procedure
until the execution of the sentence of the Court, which represents a
fine to be paid to the applicant (nearly a million euros for the first
Cypriot case, paid by Turkey in November 2004). As the right of recourse
is hereditary, even the death of the applicant cannot stop it and the
payment automatically passes to the heirs. Moreover, the right of
recourse is independent of the state in which the applicant lives. Thus
the states cannot exert direct pressures on the procedure. As for the
demonstration of the veracity of these remarks, the Cypriot cases are
there to carry it out de facto.
Every one of us, whether Armenian or defender of the human rights, feels
the need to fight for the Armenian cause. The European right of action
enables everyone to take an active and individual part in this fight.
For some objectives of this cause it is necessary to be a specialist,
but for the right of recourse it is sufficient to be Armenian. But an
Armenian helping its descendants while remembering its ancestors. By
carrying out a European action, each Armenian can play a part in the
Armenian cause. Because while helping himself, while helping his family,
he also helps his people. Each recourse is only one stone. But these are
the stones which can build the building of a Nation.
Annex :
European Convention of Human Rights