By Harut Sassounian
This is the latest episode in the controversy over leasing the “Cows Garden” –about 25% of the Patriarchate’s Armenian Quarter in Jerusalem — to an Israeli investor.
In 2021, Armenian Patriarch Nourhan Manougian signed a contract with an Israeli businessman to lease to him 123,785 square feet (11,500 square meters) of the Patriarchate’s land for 98 years to construct a luxury hotel.
Despite numerous requests, neither I nor the Armenian public has been able to see a copy of the contract. Nor have we seen copies of the two lawsuits filed by the Patriarchate and the Armenian community of Jerusalem contesting the validity of the lease. Furthermore, the lawyers for the Armenian community prepared a 184-page fact-finding report that has not been made public. We also do not have a copy of the countersuit filed by the Israeli investor against the local Armenian community.
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It is essential to know the contract’s terms. What exactly did the Patriarch agree to give to the Israeli investor? What compensation did the Israeli investor promise the Patriarchate in return for the lease? Did the contract permit unilateral annulment by one side, or did termination require mutual agreement? Regarding the lawsuits, what violations were the Israeli investor and the Armenian Patriarchate accused of committing?
The most troubling aspect of withholding these key documents is that the parties are treating this controversy as a private matter. The Patriarchate’s properties are of interest to the entire Armenian nation, not just to the Patriarchate or the local community. For centuries, Armenian pilgrims from around the world have made generous donations that enabled the Patriarchate to acquire many of these properties.
Keeping the content of these lawsuits confidential makes no sense. When a lawsuit is filed in court, the defendant receives a copy. Therefore, both the Armenian accusers and the Israeli defendant know the lawsuits’ contents. The only ones left in the dark are Armenians worldwide.
Moreover, because of the disputed political status of East Jerusalem, this lease is of major importance to the international community, including Palestinians, Arab governments, the State of Israel, and all Armenians, especially the dwindling Armenian community in Jerusalem. It is not surprising that the Palestinian Authority sent a strong letter of protest to the Armenian Patriarchate over its decision to place a large portion of the Patriarchate’s property under an Israeli investor’s control.
The King of Jordan, the historical custodian of Jerusalem, and Mahmoud Abbas, the head of the Palestinian National Authority, issued a joint statement blaming the Patriarch, while suspending recognition of Archbishop Manougian as Patriarch of the Armenian Church in Jerusalem, the Holy Land and Jordan. A representative of the Palestinian Authority even pledged to pay the penalty for canceling the lease.
The 2021 contract bears the signatures of the Patriarch, the Grand Sacristan of the Patriarchate Archbishop Sevan Gharibian, and Father Baret Yeretzian, Director of the Patriarchate’s Real Estate Department. When the controversy erupted, the Patriarch made Fr. Yeretzian a scapegoat and defrocked him, after accusing him of deception. Incredibly, the Patriarch claimed he had signed the contract without reading it. If he had not signed it, the other two signatures would not have had any significance. How can the Patriarch sign a 98-year lease for 25% of the Patriarchate’s territory without first reading it or obtaining the legal opinion of his attorneys who were reportedly present? Moreover, signing such a long-term lease without the General Assembly’s approval violates the Patriarchate’s by-laws. In 2021, 17 members of the Patriarchate’s Brotherhood, a majority of its supreme body, issued two statements opposing the lease and asserting that the Patriarch lacked the authority to sign it.
In recent months, the Israeli investor and the Armenian Patriarchate have met several times to revise the 2021 contract, proposing to reduce the lease terms, such as decreasing the area from 11,500 square meters to 7,200 square meters. The local community opposed the suggested revision, fearing that agreeing to it would validate the original 2021 lease.
Last week, 20 prominent Israeli academics, jurists, and cultural figures issued an urgent statement supporting the Armenian Quarter of Jerusalem and rejecting the Cows’ Garden lease.
Finally, 28 members of the Patriarchate’s General Assembly from around the world met in Jerusalem on September 24, to adopt a formal position on the proposed revised lease.
After lengthy discussions, the overwhelming majority of the General Assembly members decided:
1) The declarations made by Brotherhood members on October 27, 2021, and November 15, 2021, condemning the transaction, remain valid and binding.
2) The 2021 Lease Agreement for the “Cows’ Garden,” signed July 8, 2021, is deemed illegal, uncanonical, and null and void, because it was executed without the General Assembly’ approval.
3) The General Assembly formally rejects both the Addendum and the Settlement Agreement produced through mediation.
4) A committee of five clergymen was appointed, along with the Patriarchate’s legal counsel, to continue pursuing the annulment lawsuit filed against “Xana Gardens” Ltd, the Israeli investor.
It remains to be seen what the Israeli Court will decide regarding the validity of the lease signed by the Patriarch in 2021.
