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  • Locked down for speaking up

    Pasadena Weekly, CA
    Feb 15 2007


    Locked down for speaking up

    Glendale publisher Arman Babajanyan joins the ranks of imprisoned
    journalists from his jail cell in Armenia

    By Carl Kozlowski


    Lusine Kalfayan and Vergine Babajanyan

    Arman Babajanyan was just another immigrant when he arrived in
    Glendale back in 1998. Like others, he came in search of the American
    Dream, but his vision was a bit more politicized than most: he wanted
    to start a newspaper in the Land of the Free, where he could expose
    what he considered to be a hopelessly corrupt government in his
    native Armenia.

    For more than six years he fulfilled his ambitions as the founder of
    Zhamanak Yerevan, a newspaper that made a quick and lasting impact on
    the 300,000-strong population of Armenians living in the Los Angeles
    area. Yet even as he built a power base in his new homeland,
    Babajanyan felt he wasn't doing enough to spur change in his native
    land.

    So last spring, he made the latest of several return visits to
    Armenia - this time planning to stay and launch another edition of
    his newspaper. The chance to finally speak truth to power was too
    great to pass up, and for several heady weeks in May and June
    Babajanyan was making his dream come alive on both sides of the
    globe.

    Then on June 26, his life came crashing down around him when Armenian
    police called him in under the pretense of questioning him on cases
    in which he wasn't directly charged, then threw him in jail. The
    official reason was that Babajanyan had evaded the nation's mandatory
    draft when he moved to America years before. Furthermore, authorities
    said that he had forged documents to do so.

    But his many supporters - ranging from his sister to some of the
    world's most influential journalistic organizations - say that the
    charges were trumped up as punishment for articles questioning the
    independence of the prosecutor general's office. Babajanyan is facing
    a four-year prison sentence, yet Armenian laws only call for two
    years for draft evasion. Something vastly unfair and suspicious is
    happening in his case, supporters say.

    `We did an alert on him right when he was jailed, because he was
    arrested only days after his paper published an article questioning
    the independence of the prosecutor general's office,' says Nina
    Ognianova, the Europe and Central Asia program coordinator for

    the New York City-based Committee to Protect Journalists. `The
    authorities alleged the forgery occurred in 2002 but they did not
    explain why this purported forgery has triggered a much later arrest,
    four years

    after the crime occurred.

    The prosecutor general summoned Arman for questioning in a criminal
    case and then arrested him on the spot for forgery.'

    Ognianova noted that her organization also sent faxes to Armenian
    embassies that were ignored, `which is typical of how these nationals
    handle questions based on freedom.' In addition, the Armenian
    authorities `repeatedly rejected' health documents that could have
    supported Babajanyan's case for avoiding the draft.

    `Ultimately, they either don't care, or they don't even have a case,'
    says Ognianova.

    Back in the USSR
    The Glendale City Council made the extremely rare and perhaps
    unprecedented move on Dec. 12 of writing a letter asking for leniency
    on his behalf from the foreign government of Armenia, making the
    issue explode across the normally bucolic city's political and social
    scenes. As a divided council, which voted 3-2 to send the letter of
    support, and the broader city population divide into polar-opposite
    camps on the issue of whether a city government had any business
    engaging in international politics, the fact remains that he is
    caught in the midst of a dire situation. It's one where even the
    area's congressman, Adam Schiff, has declined to get involved with
    helping, even after being directly confronted by Babajanyan's sister,
    Vergine Babajanyan; not only that, he refused to explain why.

    `I think the reason that Schiff isn't doing anything is that he
    counts on votes from a bloc of people who work with an Armenian
    political party that opposes Arman's views,' says Lusine Kalfayan, a
    close friend of Babajanyan's who is spearheading the quest for his
    freedom along with Vergine. Kalfayan noted that Arman's prison
    treatment is so poor he lost 40 pounds in his first two months there.
    `Arman opposes the current government because it's Robert Kocharian
    in charge and he's a one-man show. He's done two terms and he wants
    to run for a third one too, even though it's nonconstitutional. The
    whole government is corrupt, when the one on top gets what he wants.
    Maybe they're not the Soviet Union anymore, but it may as well be.'

    Judging from the US State Department's official Web site, Kalfayan's
    assertions about the state of Armenia's government are well-founded.
    Since taking power in 1998, Kocharian has ridden out massive unrest
    caused by a string of political assassinations in his nation as well
    as winning reelection in a `contentious election that the
    Organization for Security and Cooperation in Europe (OSCE) and the US
    government deemed well short of international standards.'

    Serious questions also abounded about the fairness of parliamentary
    and presidential elections in 1995, 1999 and 2003, and despite a new
    constitution that was implemented in 2005, Armenia's executive branch
    - headed by Kocharian - `nevertheless retains more power than most
    European countries.' In addition, the government's human rights
    record remained poor in 2005 as the Web site noted `security forces
    beat pretrial detainees,' and reports of `arbitrary arrest and
    detention' were also common. Most tellingly of all, press freedoms
    are listed as being curtailed.

    `None of our business'
    The first people to leap to Babajanyan's aid were Kalfayan and
    Vergine. They called Glendale city officials, including City Council
    members and Mayor Dave Weaver, but only received return calls from
    City Clerk Ardashes Kassakhian, who offered his point of view on the
    situation but said he could go no further. Councilman Frank Quintero
    suggested that the pair come to the next council meeting's oral
    communication session, and the fireworks began soon after.

    `I was the one who emailed everyone at the same time and this was an
    opportunity for everyone to respond,' Kalfayan recalls. `Bob Yusefian
    said that I was trying to make the Armenians on the council look bad,
    and he denied us oral communication because he said that he didn't
    know Arman and so that was going to be all.'

    Yet, Kalfayan notes, Yusefian had in fact had a few meetings over the
    years with Babajanyan in order to buy advertising in his newspaper at
    election times, a fact even Yusefian admitted at City Council
    meetings. But even then, Yusefian opposed the council's letter.

    `He didn't just say no, but he made the whole process dirty. He said
    it wasn't due to journalism, human rights or freedom of speech, but
    that he was opposed to the letter as an individual, saying `What are
    we to do if someone comes from Chile and asks for help? Do we listen
    to them too?'' Kalfayan recalls. `I said we have 6,000 people in this
    community signing a document on this and I'm sure he'd appreciate
    6,000 signatures when he needs to be elected.'

    Rafi Manoukian, Ara Najarian and Quintero all voted in favor of the
    letter, which was sent to Babajanyan's Armenia-based attorney Zara
    Postanjyan so she could determine how best to utilize it in his
    appeals battles. Yusefian was joined by Mayor Weaver in opposing the
    letter, and both men refused repeated requests for comment on their
    decisions.

    The Glendale News Press featured both a house editorial and guest
    columns by citizens opposing the council's letter, stating that the
    council should be focused on local matters like street repair and
    school financing rather than engaging in an international political
    matter. But thanks to Kalfayan's ability to round up more than 6,000
    signatures for Babajanyan's release and the Zhamanak Yerevan's Web
    site showing an average range of anywhere from 600,000 to over one
    million visitors monthly, it is easy to see why Quintero felt it
    important to side with Babajanyan.

    `For me, the basic principle is the freedom of speech issue because
    he was arrested after his newspaper began publication in Armenia. I
    find it interesting that up to that point, he was fine. Then after
    publishing for a month, the arrest suddenly happens,' says Quintero.
    `Lucy Kalfayan initially kept us up to date on the trial as Arman
    learned whether he was eligible to pay his way to freedom by paying a
    fine, and was refused even though the Armenian law provides that
    option for most people.'

    Quintero had no qualms about supporting Babajanyan's cause because he
    found him to be a `solid citizen' here, with a `wonderful ability' to
    work within the immigrant community.

    `You have to take a moral stand: a man's in prison, they gave him
    four years, but those of us on his side say, `Let him come home,'
    that Glendale's his home,' says Quintero. `He had a newspaper and a
    television program and explained American civic life as well as
    Armenian current events, and it was a great and popular service. His
    mother's here, which is very sad, and his sister as well.'

    Najarian, meanwhile, notes that voting for the letter `is not getting
    on his side, but rather is presenting a statement of a series of
    facts concerning his time in the city of Glendale for him to use in
    any way he sees fit.' Furthermore, he sees the letter as akin to a
    police probation report for those convicted in California, in which a
    judge is given a report to which he or she can then decide to give
    small or major consideration when deciding upon a sentence. In this
    case, Najarian felt `the Armenian government may not be aware of what
    he was doing in the United States and it would certainly fill in the
    gaps.'

    `The first thing that everyone agreed on is that Glendale City
    Council doesn't have a right to dictate to any foreign or sovereign
    government whether their decisions are fair or unfair. That should be
    the State Department and foreign officers who have the training to do
    that,' says Najarian, who is also an attorney. `Our dilemma was that
    we wanted to issue some sort of statement about his time in Glendale
    but not overstep our bounds on foreign policy. I think that it is
    merely a statement of fact that no one could disagree with, and sent
    not only to his attorney but to the Armenian consular officer in LA
    so everything was out in the open.'

    While Najarian indicated that the council was willing to be open with
    the Armenian consulate, the consulate does not appear to share that
    openness in return. Repeated attempts to contact the consul staff
    were met by the consulate's answering machine for three weeks, until
    it was made clear they had one last chance to explain their side of
    the story. Even at that point, the consul official spoke under the
    condition that his name would not be published.

    `On Jan. 12, the court of appeal made its final decision on this
    case, and shortened by six months Mr. Babajanyan's sentence, so he's
    going to be imprisoned for three and a half years rather than four,'
    the official says.

    `He was accused of forging the documents to say he had two children
    because a person who has two children is not conscripted to the army
    unless their children are mature. This is a mere criminal case, and I
    don't want to color it politically as his supporters are. I don't
    think journalists in America are allowed to forge documents. He has
    accepted the charges against him from the very first day, and that
    has been commented on in both Armenian and English mass media.'

    Remembering our humanity
    In reality, Babajanyan has admitted skipping on the draft, but he and
    his supporters adamantly deny he ever forged documents. Take a look
    at the roll call of organizations stepping up to defend him. Besides
    the aforementioned immediate alert created by the Committee to
    Protect Journalists, the CPJ has issued numerous press releases about
    his situation and officially included Babajanyan on its global list
    of unfairly jailed journalists. The Overseas Press Club sent an open
    letter to Armenia's president, prime minister, US ambassador and
    permanent representative to the United Nations, noting that the
    editors of seven Armenian newspapers have issued a joint declaration
    calling Babajanyan's arrest `an effort to intimidate Armenia's free
    press.'

    Reporters Without Borders has issued an outraged press release
    declaring Babajanyan's prison sentence `disproportionate.' And, in
    their own letter, Manoukian, Najarian and Quintero of the City
    Council noted his clean criminal record in America, his newspaper and
    his daily television show and the `large audience and many loyal
    constituents' he had established in Glendale.

    To be fair, Schiff has long been involved with other Armenian causes
    and in January sponsored congressional legislation calling for
    official US government recognition of the Armenian genocide. He also
    issued a letter strongly condemning the murder of Armenian journalist
    and Turkish government critic Hrant Dink in Turkey.

    Since Schiff's office refused to comment for him, one prominent
    figure in the fight to help Babajanyan offered his own speculation
    about the reasons for Schiff's silence.

    `The only thing Schiff may have a reluctance to do would be to in any
    way criticize the Armenian government. If you're supporting
    Babajanyan, you're in a backhand way criticizing the government,'
    says the source who did not want to be identified. `He may be
    reluctant to get in without all the details. They have a coalition
    government there with many different parties involved and if you
    criticize the government, you are in effect labeling all the
    political groups there, even ones that are forces for good there.'

    But this is a world in which at least 134 journalists are imprisoned
    in 25 countries as well as Guantanamo Bay, where a man like Dink was
    killed in cold blood outside of his newspaper office in Turkey, and
    where China's dictatorship censors Internet search engines like
    Google and controls all forms of news reporting. It's a planet where
    Jewish-American journalist Daniel Pearl was beheaded in a video
    available on the Internet and even American reporters like Judith
    Miller and Josh Wolf are tossed into prison cells for refusing to
    name sources.

    In such a climate, perhaps it's a little too uncomfortable for some
    officials to help a man like Babajanyan.

    `We try not to isolate ourselves too much. It's important to know the
    world is going on around us. We came out pretty strong in Africa
    against the Sudanese government when Darfur was occurring,' says
    Najarian. `Even if we don't meddle in foreign affairs, we have to
    remember our humanity. We need to maintain our sense of humanity and
    morality throughout without overstepping the bounds into government
    affairs, and that is a fine line. What we did for Mr. Babajanyan did
    not cross that line.'

    http://www.pasadenaweekly.com/article.php?id=432 3&IssueNum=59
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