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SUMMARY OF THE TRIAL
On December 29th, 2000, Gregorio Hairabedián, with the legal
representation of Luisa S. Hairabedian, submitted a claim for the Right to
the Truth and the Right to Grief, related to the Genocide of Armenians carried
out by the State of Turkey between the years 1915 and 1923, as a result of
which, paternal and maternal relatives of his own, residing at Palú and
Zeitún respectivelly during that period, were specifically victims of
it.
The case is filed with the Federal Court in Criminal and Correctional Matters
Number 5 of the Republic of Argentina in charge of Judge Norberto Mario Oyarbide,
Court Clerck’s Office Number 10 under the responsability of Mr. Pedro
O. Diani.
After appealing unfavorable legal judgements, the Federal Court of Appeals
in Criminal and Correctional Matters, ordered to the Judge of First Instance
to carry out an investigation, within the framework of what it was given into
call ”Trial for the Right to the Truth”, which is currently being
in proceedings.
After a diverse number of procedure diligencies, on October 23rd, 2002, the
before mentioned Court made a Legal Judgement which states in its fundamental
parts: “Buenos Aires, October 23rd, 2002... Resolves:… 2) To request
the government of Turkey, through the Ministry of Foreign Affairs, International
Commerce and Worship of the Argentine Nation, by the channels that may be right
and proper: a) To inform in detail the fate of the paternal and maternal relatives
of Gregorio Hairabedián, indicated on pages 22 and 23, residing at Palú (Jarput)
and Zeitún (Soulemainy), during the events occurred between 1915 and
1923; b) To put the archives related to such events in connection with the
claimant’s relatives, whether related to their disappearance, deportation
or execution, at the disposal of the undersigned. 3) To request the governments
of Great Britain, United States of America, Germany and Vatican State to send
all the information contained in their respective archives in connection with
the events accurred between 1915 and 1923 in Turkey, in the vilayets of Trebizond,
Erzeroum, Bitlis, Diarbekir, Jarput and Sivàs, and to inform whether
their records contain any entry regarding the claimant’s relatives. 4)
To request the United Nations Information Office to send copy of the document
identified as E/CN.4/Sub.2/1985/6 designated “Revised and Updated Report
on the Question of the Prevention and Punishment of the Crime of Genocide” prepared
by Ben Whitaker and approved at the 38th Period of Sessions held in August
1985 at the United Nations, and an authenticated copy of the Proceedings of
the 38th Period of Sessions, Item 4 of the Provisional Agenda... Be it recorded
and notified. (Signature) Norberto M. Oyarbide, Federal Judge”.
Subsequently, the corresponding International Letters Rogattory were served,
which are already radicated in the respective countries. The Federal Republic
of Germany and the Vatican State replied to them informing that the Historical
and Political Archives were opened and avaiable at the disposal of the claimants.
It must be underlined that the documents that might be extracted from those
archives are crucial as documental proof to the Trial for the Right to the
Truth and Grief related to the Genocide of Armenians already taking place in
the argentine Tribunals.
On March, 2005, the Judge Oyarbide, ordered the delivery of new Letters Rogattory
to Egypt, Jordan, Palestine, Iran, Syria, Lebanon, International Comitte of
the Red Cross and the Armenian Church.
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