Last week Armenian-American businessmen and philanthropists Carolann and George Najarian were in Yerevan . They discovered that regarding their court case no progress has been made. They sent a letter to General Prosecutor Aghvan Hovsepyan expressing their surprise that nothing had changed regarding their case.

The Najarians have decided to appeal to the US Court System to defend their rights. In this case, the Republic of Armenia would be accused of wrongdoings.

June 6, 2005
His Excellency Aghvan Hovsepyan
General Prosecutor of the Republic of Armenia

Dear Mr. Hovsepyan:

After investigating our case regarding the fraudulent misappropriation of our property for many months, and after interrogating witnesses, including us, for scores of hours, the gathering of hundreds of documents and, after the humiliation of having to confront the criminal during the course of this investigation, your subordinates made an illegal decision to dismiss the case, and claimed that there was no crime committed against us, and suggested we go to civil court.

The courts' ruling terminating your subordinates' illegal decision was appealed by your subordinates twice. The public court hearings on the case made it obvious that your subordinates have acted as the representative of the criminal through the whole process. The court hearings showed, as well, that the decision your subordinates made to dismiss the case was based on falsified evidence aimed at supporting the criminal while all key evidence and proof confirming that a crime was committed against us, was ignored. Specifically, one of the arguments used in court by your subordinates for defending the criminal was the fact that we offered him a settlement, a settlement which you personally led Carolann Najarian to believe was the only way to regain our properties during your last meeting with her.

As a result of actions by your subordinates, and almost a two year long process over an obvious crime committed against us, our property has been expropriated and remains expropriated, while your subordinates continue helping the criminal to escape from justice.

Three levels of Armenian courts confirmed through public hearings that our property was misappropriated and expropriated; your subordinates violated the law, deprived us from our lawful rights, impeded the fair investigation of the case and wrongly dismissed the case. However, instead of obeying court decisions after coming into force more than a month ago, your subordinates continue to violate the law, ignore the court decisions, and summon witnesses who previously gave accusing testimonies against the criminal, with the express purpose of exerting pressure on them to change their affidavits. They have also denied lawful petitions from our representatives to be part of the course of the case, have refused to name the criminal and now, even are trying to interrogate our lawyers in response to their lawful appeals - which is, as you know, illegal under Armenian and international law. We are also aware of your subordinates' attempts to illegally influence persons involved in the decision making on the case.

The practice of protecting the criminal, keeping our property expropriated, violating the law and Armenia 's international treaty obligations and intimidating witnesses and lawyers thus destroying Armenia 's reputation by your subordinates must stop immediately. We demand the lawful and public hearing of this case. The continued denial of this, our lawful right, is forcing us to submit this case for resolution to international courts, a process which we have, up to now, patiently sought to avoid.

K. George and Carolann Najarian