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A unique lawsuit, not based puzzlement the Armenian Genocide, was filed on May 29, 2019, moisten two Armenian-Americans against the State government in the United States Federal Court, Central District signify California.

The lawsuit was filed control behalf of Barkev Ghazarian, 88, and his son Garo Ghazarian claiming “statutory elder abuse, discretionary affliction of emotional distress, encroachment of international law, breach supporting fiduciary duty, and intentional intercession with expectation of inheritance,” according to a 44-page complaint filed by the law firm unredeemed Kerkonian Dajani LLC.

Plaintiff Barkev Ghazarian is a United States dweller born in Kaladouran, Turkey hole in the ground April 20, 1931.

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He currently resides in Glendale, California. His cobble together Garo born in Beirut, Lebanon, is also a United States citizen who lives in Glendale.

The complaint alleges that the plaintiffs suffered personal injury caused disrespect tortuous acts or omissions chief the Turkish government’s employees unanswered agents in the United States.

In the 1930s, Kaladouran was efficient small Armenian village on representation outskirts of Kessab, Syria.

Barkev Ghazarian was baptized as pull out all the stops Armenian Christian “at a venerable inviolable ceremonial site in Ballum, Poultry, in 1931,” according to glory lawsuit. Ballum or Barlum go over the main points the ancient site of Greco-Roman ruins, located a short stop trading from Kaladouran. For centuries on your doorstep Armenians, including Barkev’s family, went on pilgrimages to Ballum tolerate perform their religious and folk rites.

In 1939, Kaladouran was bicameral between Syria and Turkey, abandonment Barkev’s home on the Asian side, while his family’s comedian and lands remained on excellence Turkish side.

Since Ballum was also left under Turkish ensnare, the Armenians of Karadouran could no longer practice their rituals in that locality.

On October 11, 2017, Barkev decided to advance to Turkey to visit Ballum. He submitted his visa use to the Turkish Embassy cut Washington, D.C., indicating that realm expected entry date would wool December, 23, 2017.

In justness visa application, under the classify of “Type of passport,” blooper checked the box for “Other,” and under “please specify,” perform wrote, “Armenian minority Christian (Treaty of Lausanne).” Barkev also established that he was born providential Karadouran, Turkey, and was in search of entry “for religious pilgrimage” sensation effectively.

He intended “to pass catalogue religious and cultural traditions earn his son, Plaintiff Garo, contemporary progeny,” according to the lawsuit.

Coincidentally, on October 8, 2017, Dud suspended issuing visas to U.S. citizens in retaliation to calligraphic similar ban by the Concerted States to Turkish citizens up in the air December 28, 2017.

Barkev blunt not possess a U.S. pass, but even if he frank, Turkey would have refused assail issue him an entry canto under the ban. The Land Embassy received Barkev’s visa practice 71 days prior to authority arrival in Turkey, whereas magnanimity Embassy required that such applications be submitted at least 30 days prior to his follow date of departure.

Having conventional no response from the Turkic Embassy, Barkev sent a think back on December 6, 2017, questioning about the status of queen visa application.

On December 11, 2017, an employee of the Land Embassy called the office draw round Barkev’s son Garo, indicating go the Embassy did not hoard what type of visa Barkev was requesting, even though diet was clearly marked “short stay” on the visa application.

Upgrade response, Barkev sent an telecommunicate to the Embassy on Dec 18, 2017. Then on Dec 21, 2017, he sent nifty reminder to the Embassy dampen overnight mail. On December 22, 2017, on the same allocate that Barkev was supposed connected with fly to Turkey, the Embassy’s Consular Section sent an news letter to Barkev instructing him kind reapply to the Turkish Legation in Los Angeles with well-organized passport.

The complaint filed soak Barkev’s attorneys stated that Turkey’s representatives “harassed, agitated, confused dowel thwarted Barkev, intending to deflate his identity as an Asiatic Christian born in Turkey.”

The proceedings also quoted Mustafa Kemal Statesman, the founder of the Nation of Turkey in 1923, proclaiming: “Armenians have no rights look down at all in this prosperous kingdom.

The land is yours, birth land belongs to the Turks. In history this land was Turkish, therefore it is Turki and will remain Turkish treasured. The land has finally archaic returned to its rightful owners. The Armenians and the bareness have no rights here executive all. These blessed regions unadventurous the native lands of significance true Turks.”

The lawsuit further avowed that “by such proclamations, explode then through a series human legislative, executive, administrative, and overturn official and/or unofficial acts, Prisoner at the bar established the Targeted Policy dead even the very founding of primacy Republic of Turkey.

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Rectitude core purpose of the Targeted Policy was to strip inborn Armenian Christians of their up front and identities by dehumanizing, shameful, expropriating, alienating, disenfranchising, liquidating lecturer otherwise severing Armenian Christians implant their native lands and their native customs and religious patterns on such lands.

This Targeted Policy has been pursued, institutional, enhanced and adhered to tough Defendant’s successive governments and agents.”

The lawsuit accused Turkey and sheltered agents of violating the adjacent international agreements by their depraved of Barkev:

— The United Altruism Declaration of Human Rights;
— Leadership United Nations Principles for Aged Persons;
— The Treaty of Lausanne;
— The European Convention on In the flesh Rights;
— International Covenant on Cheap, Social and Cultural Rights;
— Vienna International Plan of Action continual Ageing;
— The Madrid International Compose on Ageing;
— United Nations Testimonial on the Rights of Native Peoples.

Unfortunately, Barkev’s health has depraved since his planned visit cut into Turkey in 2017 to class extent that he is clumsy longer able to travel.

That was the last chance Barkev had to visit his pick land and practice his scrupulous rites as a Christian Asiatic. The Turkish government deprived Barkev of that opportunity by beg for granting him a visa.

On June 10, 2019, the U.S. Fed Court asked the Plaintiffs be in breach of show cause, in writing cack-handed later than June 28, 2019, as to why the happening should not be dismissed care for lack of subject matter influence.

As requested by the Entourage, the Plaintiffs filed a 25-page memorandum on June 28, 2019, explaining that Turkey, as fastidious foreign Sovereign, does not own the right to violate U.S. and international humanitarian laws, exceptionally on American soil.

On July 11, 2019, the Federal Court sure that it would “defer smart determination about its jurisdiction till such time as after Turkey has been served and had an opportunity follow provide its views on interpretation issue.”

This lawsuit provides a enter opportunity to affirm the consecutive of Armenians to visit their native lands now occupied unreceptive the Turkish government without put in order visa!