Armenia Seven on Trial

PACE Monitoring Committee to meet tomorrow...

2009-03-29T01:33:00.000-07:00

Thomas Hammarberg
Council of Europe Commissioner for Human Rights

March 26, 2009

Dear Mr. Hammarberg,

We are writing to you on behalf of the families of the seven opposition leaders currently standing trial in Armenia’s “Case of Seven” Although we are confident that as always, your office is following the trial and other human rights matters in Armenia, we have several concerns regarding recent developments that we would like to share with you.

On March 18, 2009, the National Assembly of the Republic of Armenia adopted amendments to Articles 225 and 300 of the Armenian Criminal Code that had been proposed in order to address the legal shortcomings in these articles that you, the Parliamentary Assembly of the Council of Europe (PACE), and others had pointed out. This initiative, along with the written assurances given by Speaker of the National Assembly Hovik Abrahamyan, has been regarded by the PACE as a signal of the willingness of the Armenian authorities to address the matter of the seven opposition leaders charged with violating Articles 300 and 225.3 and to pave the way for their release, in line with the requirements of PACE Resolution 1643.

We are concerned, however, by recent comments by David Harutyunyan, the chairman of the working group established within the National Assembly to amend the articles in question, which cast doubt upon whether the recent changes will actually lead to the release of the political prisoners. According to Mr. Harutyunyan, the National Assembly has done its part, and now it is up to the Prosecutor General and the judge presiding over the trial to take action as they see fit. This action, in his assessment, might vary and could be manifested in acquittal, dropping the charges, requalifying the charges to bring them in line with the new contents of the amended articles, or even bringing lesser charges. Mr. Harutyunyan added that “the law is a very subjective matter,” and the prosecutor’s or judge’s decisions might also be subjective in nature, whether we like it or not. This equivocal interpretation of the meaning and significance of the changes in the law causes us to worry that rather than dropping the charges against our husbands, the authorities may be planning to bring lesser charges against them, carrying sentences, say, of three years, rather than fifteen, and then attempt to portray this to the international community as a manifestation of good will toward the defendants.

Whether or not the authorities will succeed in implementing this deceitful and unjust course of action depends upon the degree to which it is tolerated by the international community, and the PACE Monitoring Committee in particular. It was with this in mind, perhaps, that in court on March 23, 2009, Judge Mnatsakan Martirosyan adjourned the trial for nine days at the prosecutors’ request, accepting their explanation that the amendments had not entered into force (although they had been signed by the president on March 21, they were not officially promulgated until March 24) and that they, the prosecutors, needed this time to make up their minds as to how to proceed with the case. It may have been that the specific date of the next court session—April 1, 2009—was chosen purposely, in order to wait and see what the reaction by the Monitoring Committee (which is due to meet March 30-31) would be in relation to the various courses of action being considered by the Armenian authorities at the moment.

Mr. Hammarberg,

It is because the upcoming meeting of the Monitoring Committee may well decide the fate of our husbands that we ask you personally to intercede on their behalf. Our husbands and their lawyers have presented the judge with motions substantiating in great detail the unequivocal necessity of dropping the charges against them in accordance with national law as well as the European Convention of Human Rights and other legal acts ratified by the Republic of Armenia (we have asked our lawyers to send copies of the motions to your office), but we have little hope that any judge in Armenia today is willing or able to be guided in his decisions by the letter of the law or the principle of justice. What matters is the political will of the government to resolve the situation, and this will depend in its turn upon the Monitoring Committee’s insistence that the Armenian Government abide by its international commitments and meet the demands set forth in PACE Resolutions 1643, 1620, and 1609, and its refusal to tolerate obfuscation or half-measures.

The only acceptable outcome is the dropping of all charges against our husbands; the option of lesser sentences, even with vague promises of eventual amnesty, is neither just nor humane. Every day these men spend in jail brings with it additional risks to their health and additional hardship for their families. Recently, one of the defendants, Shant Harutyunyan, suffered a nervous breakdown—he is currently being held in a psychiatric ward, denied all contact with his family. We can only wonder who will be the next to fall ill.

Although it pains us to have to write to you once again of such troubles, we cannot over-emphasize how important your intercession is. Please do what you can to make sure that the Monitoring Committee does not allow itself to be deceived, and that our husbands and the other political prisoners are freed at last.

Sincerely yours,

Melissa Brown
Wife of Alexander Arzoumanian

Marine Harutyunyan
Wife of Grigor Voskerchyan

cc: John Prescott
Georges Colombier

No defendents, no lawyers?

2009-03-16T20:42:00.000-07:00

This trial gets crazier and crazier. The phrase going around now is theatre of the absurd. I'd say theatre of cruelty. For some days, we've had no defendents in the courtroom, and yesterday the lawyers walked out in protest. So today, the judge and the prosecutors will be on their own. Since they seem hell-bent on keep the trial going at all costs, anything is possible today...

Human Rights Watch Report--powerful reading...

2009-02-25T20:02:00.000-08:00

Armenia’s Disputed 2008 Presidential Election, Post-Election Violence, and the One-Sided Pursuit of Accountability
February 25, 2009
This 64-page report details the clashes between police and protesters in Armenia's capital, Yerevan, on March 1, 2008, in the wake of the disputed February 2008 presidential polls. It also documents the ill-treatment of individuals detained in connection with the violence, and lack of comprehensive investigation and accountability for excessive use of force on March 1 and in its aftermath. The report is based on more than 80 interviews carried out over three research missions in Armenia in 2008 and 2009.
Read the Report

From Al Jazeera

2009-02-25T19:53:00.000-08:00

Remembering Armenia's victims
By Matthew Collin in Yerevan
Police fought with protesters who had set up barricades during last year's riots [EPA]
In a corner of Alla Hovannisian's living room in Yerevan is a small memorial to her son, with religious icons, fresh flowers, and an old school photograph.
Tigran died when he was 23, during civil unrest in the Armenian capital on March 1 last year, violence which shocked and divided this small country.
His mother says that when she first heard that he had been killed, she refused to believe it.
"I said it must be a mistake, it must be someone else's body in the morgue, and my husband went a second time to check," she recalls.
Pitched battles raged into the early hours of the morning after riot police moved in to end more than a week of demonstrations against the results of presidential elections which the opposition claimed were falsified.
The night sky was lit up with tracer bullet fire and flames rose from burning cars as police fired tear gas and fought with protesters who had set up barricades and armed themselves with petrol bombs and metal staves.
Alla's son was one of several people who were shot during the clashes which left eight civilians and two policemen dead, causing the Armenian authorities to impose a state of emergency and send the army onto the streets.
"Tigran was killed with a special weapon, a tear gas gun which only the police have," claims his mother.
"I blame the people who killed him, but most of all I blame the ones who gave the orders to shoot."
As she spoke, her husband sat nearby, quietly crying.
'Excessive force'
A new report from Human Rights Watch says that the Armenian authorities have prosecuted dozens of opposition members for their alleged involvement in last year's violence, but haven't held the police to account for what the campaign group claims was the "excessive use of force".
The government deployed tanks and soldiers on the streets of Yerevan, the capital [EPA]More than 50 opposition supporters have already been jailed after what Human Rights Watch alleges have sometimes been "flawed and politically motivated" trials, but no policeman has yet been prosecuted.
"The authorities' response to the March 1 events has been one-sided," said Giorgi Gogia, the author of the Human Rights Watch report.
"The fact that police were themselves under attack at times by no means excuses them for incidents when they used excessive force."
The most high-profile and controversial trial is still under way.
Seven men, including Alexander Arzumanian, the former Armenian foreign minister, and three members of parliament, are being prosecuted for allegedly trying to overthrow the government by force.
Melissa Brown, the former foreign minister's wife, says that it's a "show trial" intended to silence dissent.
"My husband worked at the UN, he worked as foreign minister, he worked in the opposition; now his work is to serve time as a political prisoner and to stand up and show people that the things they’re fighting for are worth fighting for," she says.
Disputed election
Alexander Arzumanian was the campaign manager for the outspoken opposition leader, Levon Ter-Petrossian, who was defeated in last year's disputed presidential elections by the establishment candidate, Serzh Sarkisian.
Ter-Petrossian and his allies deny trying to overthrow the government [AFP]Ter-Petrossian had been Armenia's president before, in the 1990s, when he also sent troops onto the streets to quell protests after being accused of rigging an election.
But Melissa Brown insists that her husband and his allies were struggling for freedom and democracy, and will continue to do so even if they're convicted.
"Personally, I think they're heroes, because they're willing to go to jail for their beliefs and to stay in jail for as long as it takes," she says.
The Armenian authorities reject allegations that the trials have been politically motivated and insist that there are no political prisoners in the country.
"A certain group tried to seize power by force, which is a crime," says Sona Truzian, the spokeswoman for the Armenian state prosecutor.
"In any country in the world, political activities have to be carried out within the law.
"It doesn't matter if someone is a politician or an ordinary citizen - if they have broken the law, they have to be brought to justice."
Surveillance transcripts
To support its claim that the opposition leaders organised the violence as part of an attempted coup, the prosecution service has released details of witness statements and transcripts of telephone conversations which were intercepted by the security services.
The surveillance transcripts seen by Al Jazeera appear to show some opposition leaders discussing how to bring more of their supporters to the demonstration just before the deadly clashes, and showing approval of the burning of a police car, but they do not mention any plan to overthrow the government.
The prosecution service, however, insists that the violence was well organised and that opposition activists distributed weapons to use against the police. Human Rights Watch says that the full picture of what happened a year ago in Yerevan has yet to emerge.
An Armenian parliamentary commission set up to examine the violence hasn't yet published its findings.
Official investigators have admitted that three of the civilian victims were killed by tear gas grenades fired from close range by riot police, but they say they cannot identify which officers were responsible.
Alla, whose son died that night, hopes that the guilty will be punished, but doubts whether the whole truth will ever come out.
"I can imagine what happened, but will it ever be revealed?" she asks. "I don't think so."
Source:
Al Jazeera

http://english.aljazeera.net/news/europe/2009/02/2009225191624340903.html

Stand up, sit down: Armenialiberty reports...

2009-02-12T09:29:00.000-08:00

Thursday 12, February 2009
Opposition Trial Again Adjourned
By Karine KalantarianThe most high-profile of trials of Armenian opposition members arrested following the February 2008 presidential election remained in deadlock on Thursday even though all seven defendants agreed to stand up and show respect for the presiding judge. The defendants stayed demonstratively seated when the judge, Mnatsakan Martirosian, entered the courtroom during the previous hearings, in protest against what they see as politically motivated charges leveled against them. Martirosian halted and adjourned proceedings as a result. The seven oppositionists, among them former Foreign Minister Aleksandr Arzumanian and three members of parliament, switched to a new form of defiance on Thursday, standing up and then refusing to sit down. Martirosian found this behavior equally unacceptable, telling them to take their seats in the dock and “show a respectful attitude so we can continue the court session.” “It’s more convenient for us to keep standing,” replied Arzumanian. “There are [legal] norms requiring trial participants to sit down. There is only a requirement to stand up, which is what we did.” “We’re not insulting you, we’re not telling you anything. We’re just standing,” he said. Arzumanian, who managed opposition candidate Levon Ter-Petrosian’s 2008 election campaign, challenged Martirosian to cite a legal provision that obligates defendants to stay seated during trials. The judge ignored the demand, insisting that the oppositionists respect the court. He stopped the hearing and delayed the trial by two weeks after one of the defendants, Shant Harutiunian, shouted abuse at him. The oppositionists are among about 60 Ter-Petrosian supporters who remain imprisoned on charges mostly stemming from the post-election deadly clashes in Yerevan. They stand accused under two articles of the Armenian Criminal Code that deal with provocation of “mass riots accompanied by murders” and “usurpation of state authority by force.” The Armenian authorities have pledged to amend those articles by next April as part of their stated efforts to comply with resolutions on Armenia adopted by the Council of Europe Parliamentary Assembly (PACE). PACE officials say the authorities have assured them that the amendments will be retroactively applied to jailed Ter-Petrosian loyalists in a way that should result in their release from prison. Ter-Petrosian and his aides are highly skeptical about these assurances, however. (Photolur photo)

http://armenialiberty.am/armeniareport/report/en/2009/02/D40B4DFA-5F14-43C9-BDB5-A29B61236937.ASP

Letter to the PACE from the wives of Armenia's political prisoners

2009-01-26T06:42:00.001-08:00

Parliamentary Assembly of the Council of Europe

January 25, 2009

Dear Delegates,

We are writing to you on behalf of the wives, mothers, and sisters of Armenia’s political prisoners and detainees in connection with the February 19, 2008 presidential election and its aftermath. On Tuesday, January 27, 2009 the Parliamentary Assembly of the Council of Europe is to consider the implementation by Armenia of Assembly Resolutions 1609 and 1620. We ask that you remember the victims of the continuing political repression in Armenia as you decide what course to take.

We commend the Monitoring Committee for its December 22, 2008 Draft Resolution, which recognizes that our loved ones are indeed political prisoners and that strong actions are necessary to bring the Armenian government into compliance with the requirements of the Council of Europe and its obligations to its own people.

Since the passage of Resolutions 1609 and 1620 and the December Draft Resolution, the authorities have failed to take meaningful steps that correspond to the promises they have made to you and to us. We know that you are well informed by the Armenian National Congress and others of recent developments in Armenia. Without repeating all that you have learned from them, we wish to confirm, from our personal experience, that political repression has only worsened recently. A number of political prisoners have been beaten and moved to more dangerous prison cells, in attempts to intimidate them and break their will. The trail of seven has been repeatedly postponed by the judge, denying detainees the right swift justice. Their relatives have been threatened and intimidated by scores of plainclothes policemen inside the courtroom. Outside the courtroom, peaceful supporters have been repeatedly been harassed and abused by an army of police and red berets. This is what we live through every day.

There have been many calls both here and abroad for a general amnesty for the political prisoners. The government response has been cynical and cruel. The authorities have launched a campaign of intimidation to persuade prisoners and those who have received suspended sentences to formally request pardon from Serzh Sargsyan; in exchange they must confess to crimes they did not commit and renounce further political activity. Several, under extreme duress, have succumbed. The vast majority have resisted and will continue to resist. On the evening of Saturday, January 24, well aware that Armenian newspapers do not publish on Sunday and Monday and so no public response would be possible before Tuesday, Serzh Sargsyan’s office announced the pardon of sixteen men convicted in connection with the March 1 events. None of these men, however, is on our list of political prisoners. They are not oppositionists, but rather hoodlums and petty criminals planted by the authorities among the crowd of peaceful protestors.

While granting these questionable pardons, government representatives have repeatedly suggested that no general amnesty is possible until the trial of seven has run its course. This argument is flawed legally, logically, and morally. There is no law that would prevent the immediate release of all political prisoners and detainees. In terms of logic, there are dozens of prisoners who have already been convicted on various charges solely on police testimony; their release should not be connected in any way to the trials that are ongoing. Morally, it is well known that the trial of seven could go on for years and years. These men have already spent nearly 11 months in jail, completely unjustly. To even suggest that they should remain in captivity at the mercy of the Armenian justice system for who knows how much longer is deeply wrong.

It is well known among the citizens of Armenia, and should be recognized by the PACE as well, that all government actions taken to deal with the situation thus far have been last-minute attempts to deceive, to save face, and to avoid for as long as possible the inevitable consequences of the campaign of political repression that began well before the election of February 2008. Similarly, the promised revision of Articles 225 and 300 of the Criminal Code, while welcome, is an act of desperation and deceit, rather than good will, and offers no real guarantee that justice will be done.

We don’t wish to see our country further estranged from European structures and values, but it is these very values of democracy, freedom, and human rights that our loved ones have been persecuted for espousing. Each additional day that the authorities are given to fulfill their obligations to the Council of Europe and to their own people is an additional day in Soviet-era prison cells for these men, bringing with it risks to their health and well-being, and physical, financial, and psychological hardship for their families.

We remind you that the members of the Armenian delegation to the PACE are part of the system that has allowed and encouraged the unraveling of democracy to take place. While they may be men of good will individually, they are under tremendous pressure to serve the interests of an unjust and illegitimate regime. We ask you to remember our families, and our children in particular, as you make your decision on Tuesday.
Respectfully yours,
The Wives of Armenia’s Political Prisoners Coordinating Group

Armenialiberty reports on third day of trial

2008-12-29T22:19:00.000-08:00

Armenian ‘Coup’ Trial Again Adjourned
By Astghik Bedevian and Ruben MeloyanUnder Armenia’s laws regulating court hearings, trial participants must stand up when judges make their way into the courtroom. The seven oppositionists tried for attempting to “usurp state authority” and organizing mass riots after last February’s presidential election refuse to comply with this requirement in protest against what they see as a politically motivated case. The defendants, among them former Foreign Minister Aleksandr Arzumanian and three parliament deputies, remained demonstratively seated at the start of the third court hearing on the high-profile case on Saturday. The judge, Mnatsakan Martirosian, again construed this as a contempt of court and adjourned proceedings until January 9 moments later. “We won’t stand up no matter how many times you have us taken away,” Arzumanian told the judge. He also demanded that Martirosian address him as “Mr. Arzumanian,” rather than “defendant Arzumanian.” “We consider this trial illegal and won’t stand up because right from the beginning the judge has neglected our rights,” said another defendant, parliament deputy Miasnik Malkhasian. He suggested sarcastically that President Serzh Sarkisian cut short the trial with a decree setting punishment for each of the defendants. Armen Harutiunian, the state human rights defender personally monitoring the trial, discussed the situation with Martirosian afterwards. He said he will meet other judicial experts to discuss possible ways of resuming the trial that would satisfy both sides. “Because the Judicial Code requires [defendants] to stand up he can not start hearings after being treated disrespectfully,” Harutiunian told reporters. “We are in a kind of deadlock. To me the positions of both the judge and the defendants are acceptable.” Although the courtroom was mostly empty on Saturday, journalists and photographers were again barred from entering it and had to follow proceedings from monitors placed in an adjacent room. Court officials refused to explain the ban which Harutiunian condemned as “unacceptable.” Journalists were similarly barred from the courtroom during the previous court hearing held on December 23. It was marred by bitter verbal exchanges between defendants’ relatives and plainclothes police officers brought into the courtroom. Most of those relatives boycotted Saturday’s hearing at the urging of the opposition Armenian National Congress (HAK). The opposition alliance claimed last week that the Armenian authorities need an excuse to hold the trial behind the closed door and are planning to provoke more ugly scenes in the court for that purpose. In a related development, a group of civil rights activists monitoring conditions in Armenia’s prisons has backed opposition claims that another defendant, Grigor Voskerchian, and at least two other oppositionists kept in Yerevan’s Nubarashen prison were beaten up on December 23. A member of the group, Artur Sakunts, told RFE/RL that it submitted a corresponding report to Justice Minister Gevorg Danielian on December 25. He said Danielian forwarded the report to the Office of the Prosecutor-General. Also last week, President Serzh Sarkisian ordered Danielian to investigate the torture allegations. A spokesman for the Justice Ministry department managing the Armenian prisons said on Monday that the inquiry is still in progress. The department strongly denies the allegations. According to its version of events, the department’s “rapid reaction” unit met with fierce resistance from some Nubarashen inmates as it conducted regular searches in the prison on December 23. It says the unit had to use force against those prisoners that seriously injured its commander. (Photolur photo)

http://armenialiberty.am/armeniareport/report/en/2008/12/D91AB319-381A-41FA-9739-323AFC2F4257.ASP

December 23 in court

2008-12-25T21:23:00.000-08:00

If you've been following the news you know that defendant Grigor Voskerchyan was attacked in his cell the morning of the trial, and that by about 10:30 the courtroom had been filled with "agents"-- plain-clothes policemen and the like, and so the families of the seven had trouble getting in. A few members of each family did manage to get in, after Armen Harutyunyan and others yielded their seats, but most remained outside, along with Hrant Bagratyan, Levon Zurabyan, other politicians and friends, assorted monitors, and others. Inside, no business got done; the judge permitted no one (but himself) to speak; and the trial was adjourned till December 27 (presumably, although what the judge actually said was "October 27"). For news in English see a1plus.am or lragir.am. A1plus has video as well. Particularly moving and impressive is the clip of Gor Kloyan's father.

From RFE/RL

2008-12-21T09:46:00.001-08:00

Seven Prominent Armenian Oppositionists On Trial

Opposition supporters rally in Yerevan in April
December 19, 2008
By Liz Fuller
Seven prominent opposition figures are set to go on trial in Yerevan on charges of seeking to overthrow the government. The men were taken into custody in the wake of violent clashes between security forces and supporters of former President and opposition presidential candidate Levon Ter-Pertrossian in March.For many in Armenia, the charges are regarded as unsubstantiated, even risible, while parallel investigations into the events that culminated in the violence continue.Immediately after Armenia's Central Election Commission announced early on February 20 that Prime Minister Serzh Sarkisian won the previous day's presidential ballot with over 52 percent of the vote, supporters of Ter-Petrossian, who according to official returns placed second with 21.5 percent, congregated in Yerevan's Freedom Square to protest the perceived rigging of the outcome. Ter-Petrossian himself claimed to have polled no less than 65 percent. Violent ProtestsThe protests continued well into the early morning hours of March 1, when police moved in to disperse the participants by force. When they reassembled on the evening of the same day, the tensions escalated into open violence, with individual protesters attacking police and security forces, who in turn opened fire. Eight people were killed in the clashes, including two police officers; two more died later of their injuries.Outgoing President Robert Kocharian imposed a 20-day state of emergency and laid the blame for the violence squarely on Ter-Petrossian, whom Prosecutor-General Aghvan Hovsepian subsequently accused of employing mass hypnosis on the demonstrators.Even before the violence of March 1-2, police had set about rounding up prominent members of Ter-Petrossian's campaign staff. The detainees included opposition Hanrapetutiun party member Suren Sureniants, who was arrested on February 25 and spent two months in pretrial custody before a group of mostly pro-government legislators signed a petition calling for his release. The charges against him, which included inciting mass riots and attempting to seize power, were quietly dropped in June due to lack of evidence, RFE/RL's Armenian Service reported on June 13.
Eyewitness Recounts March CrackdownLess fortunate was Harutiun Urutian, who headed Ter-Petrossian's campaign in the northern Shirak region. He was sentenced in April to seven years in prison (later reduced on appeal to six years) on charges, which he claimed were politically motivated, of assaulting a member of Sarkisian's campaign staff on polling day. Another Ter-Petrossian campaign official, Hovannes Harutiunian, was sentenced in April to 18 months' imprisonment for illegal possession of ammunition. Petros Makeyan, head of the small Democratic Fatherland Party, and Ashot Zakarian, head of the Giumri chapter of the Yerkrapah Union of Veterans of the Karabakh War, were jailed for three and 2 1/2 years, respectively, in June for obstructing the work of election precinct officials on February 19.In all, more than 100 people were taken into custody either in the week leading up to March 1-2 or immediately after the violence. Ter-Petrossian's camp argues that at least 70 of them should be designated political prisoners. As of mid-October, 43 had been tried and sentenced to prison terms, 37 received suspended sentences, and five were acquitted, according to a Prosecutor-General's Office spokesperson quoted by Noyan Tapan. Jail TermsSince mid-October, two more prominent Ter-Petrossian loyalists have been sentenced to jail terms. Former senior Interior Ministry official Mushegh Saghatelian was jailed for five years on October 23, and former Minister of State Revenues and Hanrapetutiun party member Sambat Ayvazian for two years on November 19, both on charges of violently resisting police. Ayvazian's conviction was based solely on police testimony, as was that of 19 of those sentenced earlier. In a statement dated October 2, the Parliamentary Assembly of the Council of Europe (PACE) condemned that practice as "unacceptable." The trial opened on September 1 and is still ongoing of former Deputy Prosecutor-General Gagik Djahangirian, who publicly affirmed his support for Ter-Petrossian at a postelection rally on February 22. Djahangirian suffered what was termed an "accidental" gunshot wound when police stopped his car on the outskirts of Yerevan the following evening and arrested him. He too is charged with seeking the violent overthrow of the incumbent regime. The opposition newspaper "Chorrord ishkhanutiun" commented on December 12 that the authorities have taken a "differentiated" approach to those arrested in connection with the postelection protests and are acting more harshly against people who were not in opposition prior to the 2008 presidential election race.
Supporters of Ter-Petrossian claimed their candidate had won the electionThe paper suggests Kocharian and Sarkisian cannot forgive the latter for aligning with Ter-Petrossian and thereby "dealing a serious blow to the ruling regime."International CriticismThe Armenian government initially remained impervious to repeated criticism from international organizations, first of the conduct of the February 19 ballot, then of the March 1-2 violence, and finally of the court proceedings against Ter-Petrossian supporters. But in mid-June, the Armenian parliament established an ad hoc commission tasked with investigating the March 1-2 violence. It was initially envisaged that the commission would present its findings by October 25. On October 13, however, its members formally asked the parliament to extend that deadline for two months in order to enable them to incorporate the findings of a smaller, more independent fact-finding group established in July under pressure from the PACE. Ter-Petrossian declined to nominate a representative to the parliamentary commission, but his Armenian National Congress is represented on the independent body.In its October 2 statement, PACE registered alarm and concern at the situation of those people still held in pretrial detention and the "excessive length of the investigation," and urged that they be brought to trial promptly. It also voiced doubts that some of those already sentenced had received a fair trial, suggesting that at least some were "convicted based on political beliefs and nonviolent activities," and expressed "regrets that the Armenian authorities did not consider the possibility of amnesty or pardons."The seven men whose trial begins on December 19 are Aleksandr Arzumanian, who served under Ter-Petrossian as foreign minister and headed his campaign staff; former pro-government parliament members Miasnik Malkhasian and Hakob Hakobian; Sasun Mikayelian; Suren Sirunian; Shant Haroutiunian; and Grigor Voskerchian. All seven insist they are innocent of the charges against them, which they consider politically motivated.PACE Human Rights Commissioner Thomas Hammarberg observed on a visit to Yerevan last month that "I have not so far seen any strong evidence which would make it possible for an independent court to sentence these seven persons for attempting to change power in this country with violence."The imminent trial of the seven was one of the topics that Sarkisian discussed on December 16 with visiting OSCE Secretary-General Marc Perrin de Brichambaut. Also on December 16, parliament member Artsvik Minasian of the Armenian Revolutionary Federation-Dashnaktsutiun, which is part of the ruling four-party coalition, told journalists that Sarkisian may declare a general amnesty for all those sentenced to date, whether or not they pled guilty. Such a gesture might defuse simmering tensions, and preclude the possibility of new violent protests if the seven receive draconian sentences.On December 5, three men sentenced to jail terms ranging from three to 3 1/2 years for their participation in the March clashes were formally pardoned by Sarkisian after admitting their guilt, RFE/RL's Armenian Service reported on December 8. And on December 17, it was announced that coup charges similar to those faced by the "seven" brought against four other prominent oppositionists -- former Prime Minister Aram Sarkisian (no relation to Serzh); Ararat Zurabian, and Karapet Rubinian, both prominent members of Ter-Petrossian's Armenian Pan-National Movement; and former deputy National Security Service head Gurgen Yeghiazarian -- have been dropped for lack of evidence. Aram Sarkisian was never taken into custody, and the other three were released from detention several months ago.

http://www.rferl.org/Content/Seven_Prominent_Armenian_Oppositionists_On_Trial_/1361523.html

The BBC reports:

2008-12-21T09:44:00.000-08:00

Ex-Armenian minister put on trial

Days of peaceful protest in Yerevan turned violent in March
A former foreign minister of Armenia and six opposition politicians are being tried for seeking to overthrow the government earlier this year.
Alexander Arzoumanian is also accused of organising protests in March against election results, in which 10 people were killed.
The opposition says the trial is politically motivated. He and his co-accused deny the charges.
More than 50 people have already been convicted for being part of the unrest.
Opposition supporters cheered the defendants as they entered the courtroom with cries of "We are with you!" and "Free political prisoners!"
The accused face up to 15 years in prison if convicted of seeking to "usurp state power".
Street battles
Chief investigator Vahagn Harutyunyan said the case was based on evidence from 500 civilian and police witnesses.
"We have records of telephone conversations, private video recordings and television footage, and public speeches by opposition representatives," he told the Reuters news agency.
Mr Arzoumanian, who was foreign minister in the 1990s, is on trial alongside six others, including three members of parliament.
Earlier this year, he was campaign manager for former Armenian President Levon Ter-Petrosian, who finished second in the poll.
The opposition said the vote, won by Serzh Sarkisian, was rigged.
The unrest arose when thousands Mr Ter-Petrosian's supporters rallied in the Armenian capital, Yerevan, for 11 days, before street battles broke out with riot police.
Two police officers and eight civilians were killed.
A state of emergency was declared and army vehicles were deployed on the streets before the protests were eventually dispersed.

http://news.bbc.co.uk/2/hi/europe/7791918.stm

AFP reports:

2008-12-21T09:40:00.000-08:00

Armenian ex-foreign minister on trial over deadly unrest
2 days ago
YEREVAN (AFP) — Seven top opposition supporters, including a former foreign minister, went on trial in Armenia Friday on charges of seeking to overthrow the government in unrest this year that left 10 dead.
Cries from supporters of "We are with you!" greeted the defendants as they entered a courtroom in the capital Yerevan where they face charges of seeking to "usurp state power" when they organised mass protests in February and March.
Former foreign minister Alexander Arzumanian, three members of parliament and three other government critics each face up to 15 years in prison if convicted.
Outside the courtroom, dozens of protesters chanted "Free political prisoners!" and held pictures of the seven accused.
Before pleas could even be entered, lawyers for the defendants issued a series of petitions to the court, including one for the judge to recuse himself. The proceedings were initially suspended so the judge could consider the motions and then later adjourned until December 23.
Speaking to the court, Arzumanian condemned it for bringing the case to trial.
"You dare to accuse us! Me and my friends are the founders of this state. I signed dozens of international agreements in the name of the republic of Armenia. You should not have accepted this case," he said.
The charges stem from street battles that broke out when riot police moved in to disperse thousands of supporters of former Armenian president Levon Ter-Petrosian rallying to denounce President Serzh Sarkisian's victory in a February election.
Two police officers and eight civilians were killed in the clashes and dozens more were injured, many from gunshot wounds. Ter-Petrosian had finished second in the vote and his supporters denounced the result as rigged.
Arzumanian, Armenia's foreign minister from 1996 to 1998, was Ter-Petrosian's election campaign manager.
Critics allege that the prosecution is politically motivated and aimed at stamping out opposition to Sarkisian in the ex-Soviet republic.
In an interview with Russian newspaper Kommersant published Friday, Ter-Petrosian said the charges against his supporters were "crudely forged" and that the trial was a form of "political punishment."
"The authorities are doing everything they can to shift responsibility to the opposition for their own crimes, namely the usurpation of state authority through the falsification of elections and the execution of peaceful protesters," he said.
The trial will be closely watched abroad as a sign of whether Armenia is meeting its democratic commitments.
Human rights and democracy watchdog the Council of Europe has already raised concerns about "seemingly artificial or politically motivated charges" against opposition supporters.
A committee of its parliamentary assembly recommended suspending the voting rights of Armenia's delegation, saying there are "strong indications" that many prosecutions in connection with the unrest "have been politically motivated."
The assembly is to vote on the recommendation at the end of next month.
Dozens were arrested following the violence and 52 have already been tried and received prison sentences ranging from six months to nine years.
Armenia -- a mountainous country of about three million people wedged between Azerbaijan, Georgia, Iran and Turkey -- has seen repeated political violence and post-election protests since gaining independence with the Soviet Union's collapse in 1991.

http://www.google.com/hostednews/afp/article/ALeqM5gM2SC8iUlfzq8Fr5ztKoq_MZFdyA

The New York Times (Reuters)

2008-12-21T09:38:00.000-08:00

World Briefing Europe
Armenia: Former Official Goes on Trial

By REUTERS
Published: December 19, 2008
A former Armenian foreign minister and six other opposition figures went on trial in the capital, Yerevan, on Friday on charges of seeking to overthrow the government during protests in March. Ten people died when protests against the results of presidential elections turned violent. The opposition says that the trial of the former foreign minister, Alexander Arzumanyan, and his co-defendants is politically motivated and that the government has done little to investigate allegations of police culpability.

new_york_times:http://www.nytimes.com/2008/12/20/world/europe/20briefs-FORMEROFFICI_BRF.html

Trial begins: Armenialiberty reports:

2008-12-19T11:09:00.000-08:00

Armenian ‘Coup’ Trial Starts
By Karine Kalantarian and Hovannes ShoghikianSeven leading members of the Armenian opposition went on a politically charged trial Friday, accused of provoking deadly street clashes and attempting to topple the government following last February’s presidential election. A district court in Yerevan opened hearings on the case amid tight security in and around it and growing Western demands for the release of dozens of associates and supporters of former President Levon Ter-Petrosian arrested in the wake of the vote. Hundreds of opposition supporters gathered outside the court building to protest against what they see as a travesty of justice. The seven defendants include former Foreign Minister Aleksandr Arzumanian, who managed Ter-Petrosian’s election campaign, and three influential opposition parliamentarians. They all stand accused of organizing “mass riots accompanied by murders” and attempting to “usurp state authority by force.” One of the opposition lawmakers, Miasnik Malkhasian, is also charged with personally leading angry opposition supporters that clashed with security forces in Yerevan on March 1. At least eight civilians and two police servicemen were killed in what the Armenian authorities say was a botched opposition attempt to stage a coup d’etat. Ter-Petrosian and his allies strongly deny the coup allegation, saying that the authorities deliberately used lethal force to enforce official vote results that gave victory to the establishment candidate Serzh Sarkisian. The trial got off to a tense start, with some of the defendants and their lawyers demanding the resignation of the presiding judge, Mnatsakan Martirosian. Arzumanian poured scorn on Martirosian, saying that he should throw out the case, apologize to the defendants and set them free. “There is no justice here, there is only repression,” charged another defendant, Shant Harutiunian. He said that the trial is inherently unfair and that he will therefore be making only “political statements” in the courtroom. Another, less prominent defendant, Suren Sirunian, threatened to boycott court sessions unless “equal conditions” are put in place for all parties to the trial. Sirunian is primarily known as a former top bodyguard of Vano Siradeghian, a fugitive former interior minister and key member of the Ter-Petrosian administration that governed Armenia from 1991-1998. Martirosian twice refused to abandon the case but still received another petition from defense lawyers demanding his replacement by another judge. He agreed to consider it before adjourning the trial until Tuesday. The court proceedings were watched by several dozen supporters and relatives of the accused as well as other opposition leaders and journalists. The spectators’ were separated from the trial participants by a glass wall that cut the courtroom in half. Stepan Demirchian, the leader of the opposition People’s Party of Armenia, dismissed the accusations leveled against fellow oppositionists as “fabricated.” “The authorities had an opportunity to take real and adequate steps to ease tension in the country,” he said. “The issue of political prisoners should have long been resolved.” Ararat Zurabian, who leads another opposition party and spent four months in detention, was confident that his comrades’ release from prison is imminent. “I think that the authorities will have to free everyone very soon,” he told RFE/RL. Tension also ran high outside the court building in Yerevan’s southern Shengavit district where several hundred opposition supporters gathered to voice their solidarity with the defendants and chant opposition slogans. They faced scores of riot police guarding the building. A brief scuffle erupted when some of the protesters tried to get in. “There is no more space in the courtroom,” a court guard shouted as the police pushed back the crowd. The high-profile trial got underway two days after a key panel of the Council of Europe’s Parliamentary Assembly (PACE) described the jailed Armenian oppositionists as political prisoners and urged the PACE to impose sanctions on Yerevan. The United States has also been pressing for the release of most of the detainees. The authorities maintain that none of them is a political prisoner. Judge Martirosian set a date for the trial on December 10, just nine days after receiving the criminal case from state prosecutors. The defendants’ lawyers say that he could not have read and familiarized himself with the 12,000-page case within such a short period. They have suggested that the authorities artificially sped up judicial proceedings to make sure that the trial starts well before the next session of the PACE due in late January. (Photolur photo)

http://armenialiberty.am/armeniareport/report/en/2008/12/26B61497-DCD5-4E65-BE3D-7C08984C1940.ASP

PACE Monitoring Committee Draft Resolution

2008-12-18T01:42:00.000-08:00

The implementation by Armenia of Assembly Resolutions 1609 (2008) and 1620 (2008)
18 December 2008Provisional version
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)Co-rapporteurs: Mr Georges COLOMBIER, France, Group of the European People’s Party, and Mr John PRESCOTT, United Kingdom, Socialist Group
Draft resolution
1. In its Resolution 1620 (2008) on the implementation by Armenia of Assembly Resolution 1609 (2008), adopted on 25 June 2008, the Parliamentary Assembly considered that progress had been insufficient, despite the political will expressed by the Armenian authorities to address the requirements set up in Resolution 1609 (2008), adopted on 17 April 2008, following the crisis that ensued after the presidential election of February 2008. The Assembly therefore addressed a series of concrete demands to the Armenian authorities and resolved to consider the possibility of suspending the voting rights of the members of the Armenian parliamentary delegation to the Assembly at its January 2009 part-session, if the requirements set up in Resolutions 1609 and 1620 were not met by then.
2. With regard to the requirement to ensure an independent, impartial and credible investigation into the events of 1 and 2 March 2008, the Assembly welcomes the establishment by the President of Armenia, on 23 October 2008, of a “fact-finding group of experts to inquire into the events of 1-2 March 2008”, following a proposal by the Commissioner for Human Rights of the Council of Europe. It equally welcomes the decision of the opposition to fully participate in the work of this group.
3. The Assembly stresses, however, that it is the manner in which this group will conduct its work, as well as the access it will have to information by the relevant state institutions at all levels, that will ultimately determine its credibility in the eyes of the Armenian public. The Assembly therefore:
3.1. calls upon all political forces to refrain from politicising, or interfering in, the work of this fact-finding group;
3.2. calls upon the Armenian authorities to ensure that the fact-finding group will be given the fullest possible co-operation by, and full access to information from, all state bodies and officials, without exception, including those officials that have left office or have been replaced since the events on 1 and 2 March 2008; the fact-finding group should be allowed to obtain any clarification needed with regard to the arrest, prosecution and conviction of persons related to the events on 1 and 2 March 2008.
4. The Assembly regrets that limited progress has been made by the Armenian authorities with regard to its earlier demands, as expressed in Resolutions 1609 (2008) and 1620 (2008), concerning the release of persons deprived of their liberty in relation to the events of 1 and 2 March 2008. It notes in particular that, contrary to Assembly demands:
4.1. a significant number of prosecution cases and convictions was based solely on police testimony, without substantial corroborating evidence;
4.2. a very limited number of charges under Articles 225 and 300 of the Criminal Code of Armenia have been dropped.
5. The Assembly notes that doubts have been voiced regarding the nature of the charges brought under Articles 225 and 300 of the Criminal Code, as well as with regard to the legal proceedings against those convicted in relation to the events of 1 and 2 March 2008, including by the Council of Europe Commissioner for Human Rights. The Assembly therefore considers that there are strong indications that the charges against a significant number of persons, especially those charged under Articles 225-3 and 300 of the Criminal Code and those based solely on police evidence, have been politically motivated. It follows that persons convicted on these charges can be considered political prisoners.
6. The Assembly regrets that the authorities have not so far availed themselves of the possibility to use all legal means available to them, such as amnesty, pardons or the dropping of charges, to release those who were deprived of their liberty in relation to the events of 1 and 2 March 2008 and did not personally commit acts of violence or intentionally order, abet or assist the committing of such acts. It therefore urges the authorities to consider favourably further opportunities to this end.
7. In these circumstances, the Assembly will continue assessing the political will of the Armenian authorities to resolve the issue of persons detained in relation to the events on 1 and 2 March 2008, in line with earlier Assembly demands.
8. The Assembly expresses its satisfaction with respect to the efforts made by the Armenian authorities to initiate reforms in several other areas, as demanded by the Assembly, in particular in the fields of media, electoral legislation and the judiciary, and calls upon the authorities to pursue the co-operation developed with the relevant Council of Europe bodies in these fields. With respect in particular to media pluralism and freedom, the Assembly:
8.1. welcomes the proposals made with a view to ensuring the independence of the media regulatory bodies in Armenia and calls upon the authorities to fully implement the forthcoming recommendations of the Council of Europe experts in this regard;
8.2. takes note of the adoption of amendments to the Law on Television and Radio that cancels all tenders for broadcasting frequencies until 2010, when the introduction of digital broadcasting in Armenia will have been completed. Without pre-empting the merits of this decision, the Assembly underlines that the technical requirements for the introduction of digital broadcasting should not be used by the authorities to unduly delay the holding of an open, fair and transparent tender for broadcasting licences, as demanded by the Assembly.
9. Notwithstanding positive developments in some areas, the Assembly finds it unacceptable that persons have been charged and deprived of their liberty for political motivations and that political prisoners exist in Armenia. Therefore, despite the positive steps taken towards the establishment of an independent, transparent and credible inquiry, the Assembly decides to suspend the voting rights of the members of the Armenian parliamentary delegation to the Assembly, under Rule 9, paragraphs 3 and 4.c, of the Rules of Procedure, until the Armenian authorities have clearly demonstrated their political will to resolve the issue of persons deprived of their liberty in relation to the events of 1 and 2 March 2008, in line with its demands, as expressed in Resolutions 1609 (2008) and 1620 (2008).

http://assembly.coe.int/ASP/APFeaturesManager/defaultArtSiteView.asp?ID=831

PACE News December 18

2008-12-18T01:38:00.000-08:00

Charging persons for political motivation is ‘unacceptable’: PACE committee demands suspension of Armenia’s delegation voting rights

Strasbourg, 18.12.2008 – Declaring it “unacceptable” that persons could be charged and deprived of their liberty for political motivation in Armenia in relation to the events of 1 and 2 March 2008, the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) yesterday recommended suspending the voting rights of Armenia’s eight-member delegation to the Assembly until the authorities “have clearly demonstrated their political will to resolve this issue.” The co-rapporteurs would visit the country in January 2009, with a view to reporting back to the Committee on the first day of the January 2009 part-session on any progress with respect to the release of these persons.
In two earlier resolutions, the Assembly had made several demands following the post-electoral violence of March 2008, including the holding of an independent, transparent and credible inquiry into what happened, and the release of persons detained on “seemingly artificial and politically motivated charges” in connection with those events.
In its draft resolution, adopted yesterday in Paris, the Monitoring Committee welcomed the Armenian President’s creation of a fact-finding group of experts to look into the March events as an important step towards meeting the Assembly’s demands, but cautioned that its credibility would depend on how it conducts its work. They also expressed satisfaction at efforts to initiate reforms in the media, electoral legislation and the judiciary.
However, the parliamentarians said that “notwithstanding positive developments in some areas” the limited progress with regard to the release of the above mentioned persons meant the Armenian delegation should be deprived of its vote, if no further progress is reached in this request before the January 2009 PACE plenary session.
The Assembly is due to decide on the matter on Thursday 29 January during its forthcoming Winter plenary Session (26 – 30 January 2009).
Draft resolution(provisional version)
Resolution 1620 (2008)
Resolution 1609 (2008)

http://assembly.coe.int/ASP/Press/StopPressView.asp?ID=2105

AFP reports on the trial

2008-12-17T22:33:00.000-08:00

Armenian Ex-foreign Min, 6 Others Faces Trial Over Unrest
Wednesday December 17th, 2008 / 11h34
YEREVAN, Armenia (AFP)--Seven top Armenian opposition supporters, including an ex-foreign minister, will go on trial Friday on charges of seeking to overthrow the government in unrest this year that left 10 dead. Prosecutors allege former foreign minister Alexander Arzumanian, three members of parliament and two other government critics were seeking to "usurp state power" when they organized mass protests in February. Thousands of supporters of former Armenian president Levon Ter-Petrosian rallied for 11 days to denounce President Serzh Sarkisian's victory in elections, before street battles broke out with riot police. Two police officers and eight civilians were killed in the clashes and dozens more were injured, many from gunshot wounds. Ter-Petrosian had finished second in the vote. Critics allege the prosecution is politically motivated and aimed at stamping out opposition to Sarkisian in the ex-Soviet republic. Arzumanian, Armenia's foreign minister from 1996 to 1998, was Ter-Petrosian's election campaign manager. The chief investigator in the case, Vahan Harutunian, said the evidence against the accused was extensive and prosecutors had interviewed more than 500 witnesses. "There is ample evidence to support the case, otherwise it would not have been sent to court," he said. "Even if they are politicians, they committed a crime, there is evidence of that and they are legally responsible. Everyone is equal before the law." But lawyer Hovik Arsenian, who represents Arzumanian and two other defendants, said the evidence against his clients was weak and he had no hope of getting an objective hearing. "This is an imitation of a court case," he said. "All of the so-called evidence in this case in fact proves the opposite - the innocence of my clients...it is obvious that this case has nothing to do with criminal justice." The defendants each face up to 15 years in prison if convicted. More than 140 people were arrested following the violence and 52 have already been tried and received prison sentences of varying lengths. Click here to go to Dow Jones NewsPlus, a web front page of today's most important business and market news, analysis and commentary: http://www.djnewsplus.com/access/al?rnd=%2BrBh76lPQUa%2FSGBtsqVyNA%3D%3D. You can use this link on the day this article is published and the following day.
Wednesday December 17th, 2008 / 11h34

armenialiberty reports on possible amnesty

2008-12-16T09:15:00.000-08:00

Amnesty For Jailed Oppositionists ‘Still Possible’
By Karine KalantarianPresident Serzh Sarkisian may yet declare a general amnesty for dozens of opposition supporters arrested following last February’s disputed presidential election, a parliament deputy from the Armenian Revolutionary Federation (Dashnaktsutyun) said on Tuesday. The Armenian authorities have been under international pressure to release most of those detainees, and an amnesty is seen by many as a face-saving solution for both them and opposition forces led by former President Levon Ter-Petrosian. Some government loyalists fueled rumors in late September that Sarkisian is ready to pardon the jailed oppositionists. However, the president has so far confounded those expectations, granting individual pardons only to a handful of opposition activists who confessed to controversial accusations leveled against them. Also, law-enforcement authorities subordinated to him have pressed ahead with the trial of seven of the most prominent detainees charged with plotting a coup d’etat. The trial is scheduled to start on Friday. “A general amnesty is a manifestation of general humanism, and I don’t exclude that the president of the republic will resort to that step,” said Artsvik Minasian, a Dashnaktsutyun lawmaker sitting on a parliamentary commission investigating the post-election unrest in Yerevan. “It’s important that that step be speedy and thought-out.” Minasian, whose party is represented Sarkisian’s coalition government, told reporters that such a move would help to defuse lingering political tensions in the country. He also stressed that opposition detainees would not have to plead guilty in order to qualify for a general amnesty. Some government officials and politicians have made a different interpretation of Armenia’s relevant laws, saying that an admission of guilt is a necessary condition for the oppositionists’ release. Sarkisian discussed on Tuesday the fate of the individuals regarded as political prisoners by the opposition with Marc Perrin de Brichambaut, the visiting secretary general of the Organization for Security and Cooperation in Europe. The presidential press service gave no further details. The issue was also on the agenda of Brichambaut’s meeting with Ter-Petrosian held later in the day. A statement by Ter-Petrosian’s office said they specifically talked about the approaching trial of the seven opposition leaders. “Both sides noted the importance of deepening democratic processes in Armenia,” it said. (Photolur photo)

The Guardian (UK) reports:

2008-12-14T23:24:00.000-08:00

Divisions deepen in Armenia as country braces for MPs' trial
• Seven accused of usurping state power at March rally• Police among 10 victims at 'vote-rigging' protest
Duncan Campbell in Yerevan
The Guardian, Monday 15 December 2008
Article history
Armenia is bracing itself for one of the biggest trials in its short history as an independent country, with a former foreign minister and three MPs among seven charged in connection with mass protests in which 10 people died.
The case this week against Alexander Arzoumanian, the former foreign minister, and six others charged with "usurpation of state power", is the culmination of a political storm that has engulfed the former Soviet republic since thousands took to the streets early this year against the disputed presidential election result.
"There is a real atmosphere of fear now," said Melissa Brown, the wife of Arzoumanian, who is in jail awaiting trial. "It is like Soviet times," she said during a protest in Yerevan, the capital.
Brown, from Philadelphia, met Arzoumanian when he was Armenia's UN ambassador in Washington. He later became the campaign manager for the opposition leader and former president Levon Ter-Petrosyan, who lost this year's election. The Arzoumanians' phones were tapped by police in the run-up to the elections and their conversations were published in the media and used to charge him with money-laundering.
"This is Watergate stuff," said Brown, who visits her husband twice a month in prison. "It is not about one candidate against another, it is about freedom and democracy."
Ter-Petrosyan's supporters, who blamed voting irregularities for the election of President Serzh Sargsyan, began protesting in Freedom Square in mid-February. By night, about 1,000 camped out in freezing temperatures. By day, crowds of up to 50,000 - estimates vary wildly - participated in rallies.
Tensions rose further during the last week of February, and on 1 March police entered the square, claiming they were searching for ammunition. There were running battles through the streets, culminating in the police opening fire, with each side claiming that the other launched the first missile. Ten people, including two police officers, were killed.
The killings sent shockwaves through the country and the government imposed strict media censorship for 20 days. While the government-sanctioned television stations continued to broadcast news, some newspapers ran blank pages until their publication was halted.
More than 70 protesters have already been jailed but it is the seven awaiting trial this week who face the main charges.
Sargsyan claimed 52.8% of the vote, enough to avoid the run-off that some international observers believe should have been held. The bloodshed has obscured argument over vote-rigging.
"To me, it was like the death of my country," said Karine Asatryan, editor of the A1+ website, which was closed down during the news blackout. "It is nine months now and we still don't know what happened, no one believes the police version of events. As for the trial, I am sure they will all be found guilty unless there is international pressure."
Gegham Vardanyan, a journalist with Internews, said that the issue of elections remained unresolved. "Armenia has never had fair elections, there has always been fraud, people don't believe you can change that." As for the court case, "it is a political trial and what happens in it will depend on the political process".
The police feel they have been unfairly portrayed in the media and that little sympathy was shown for the dead officers. "The coverage has been extremely negative, it has often added fuel to the fire," said Sayat Shirinyan, the chief police spokesman. "As for what happened, I can't provide a clear picture because there is a still an investigation to be completed. After it happened, many saw me as the embodiment of the whole situation. About half the country knows me [due to media appearances] and I experienced some very tense looks, but that has changed. There are still aftershocks but what happens in the future depends on the authorities."
Avetik Ishkhanyan, the chairman of the Helsinki committee of Armenia, a human rights body, said that the country faced many challenges. "Armenia is not totalitarian but it is not democratic," he said. "There is still limited freedom of expression. The television stations, both public and private, are under the control of the authorities."

http://www.guardian.co.uk/world/2008/dec/15/armenia-trial-protests-election-news

Ashot Manukyan sentenced to five years in prison

2008-12-12T10:53:00.000-08:00

His son-in-law writes:

As expected, the Armenian regime sentence a good man to jail today. Ashot Manukyan, 63, was sentenced to 5 years in prison for daring to stand up for a free and decent country.Obviously his family is devastated, but at least we have the moral victory. As the U.S. official who has attended the trials stated:

You can tell your children how their grandfather stood upright and spoke eloquently against corrupt government authorities. I know, because I saw it...Please take a second and send a note to the following with this simple message:

Demand the Armenian regime Free Ashot Manukyan and the other political prisoners.
"M. Lluís Maria de Puig - Council of Europe" <llmdepuig@senado.es>, "Mr. John Prescott - Council of Europe" <coepa.del@parliament.uk>, "Secretary General Terry Davis - CoE" <private.office@coe.int>, "Brian Ardouny - AAA" <bardouny@aaainc.org>, "Aram Hamparian/ANCA" <anca-dc@ix.netcom.com>Best,John____________________________________________________Time-line:
December 5: Today they had the defense summations. According to a American who attended, Mr. Manukyan was quite eloquent in his closing statement. There were about 35 of his supporters in the audience. The judge adjourned the case until next Friday, Dec. 12. Those following the case think the judge will most likely find him guilty and give him 2.5 or 3 years in jail.
November 27: Prosecution recommends a 6 year sentence. Trial set to resume December 5th.
November 20: Political Prisoners on hunger strike. Trial postponed indefinitely.
November 13: Trial delayed until November 20th
November 7: Trial delayed until November 13th
November 3: Trial delayed until November 7th.
October 29: Defense attorney calls in sick, trial postponed until November 3rd.
October 23: Trial postponed until October 29th.
October 15: The defendant is also charged with organizing an unauthorized illegal public demonstration. The court heard testimony from one witness, an individual who had previously pled guilty to a crime relating to the March 1 incident. He had received a suspended sentence for his own conviction. In a series of investigation statements (before trial) the witness stated that he had received approximately $60 from the defendant and that the witness had used the money to bus people into Yerevan for the unauthorized demonstrations at the direction of the defendant. At the trial the witness stated that he had received money from the defendant as part of LTP's campaign, but that the defendant never directed him to use the money for the demonstrations. Unfortunately, the judges in Armenia often base guilty verdicts on pre-trial investigation statements even where the witness comes into court and recants on his prior statement. The court was to hear from two other witnesses. One failed to show up and the other is incarcerated. The court is attempting to bring the incarcerated witness to the trial. The defense counsel made a motion to release Mr. Manukyan but the court denied the motion. The trial to resume Oct. 23.
October 6: Trial postponed at the last minute due to lack of prosecution witnesses.
September 17: Two witnesses testified – both police officers. One testified as the "victim" and the other as a "witness". Per a US official who attended the trial: "The bad news is that this case clearly demonstrates, even assuming that the defendant is completely guilty, that the authorities are out to get him. He took part in the demonstration and he (allegedly) threw a rock that hit a cop in the foot. Minimal injury at worst. This is really no big deal".
September 9: The defense attorney made a motion to disqualify the two prosecutors working on the case. That motion was denied by the judge. The case is moved to the higher felony and adjourned to Sept. 17 to hear from the victim / police officer.
July 29: The prosecutor seeks an adjournment to upgrade the charges to more serious felonies, punishable by 5 to 10 years imprisonment. At the prosecutor's request the court adjourned the case for four weeks.
July 15: After 4 months in 'pre-detention', a trial date is finally scheduled. The court date is later canceled at the last minute due to lack of witnesses.
March 1: Ashot Manukyan is beaten and arrested at dawn after 11 days of peaceful protest of a corrupt election. He is taken to Nubereshen detention center and not allowed to see his family for over a month – until his wounds heal.

Lragir reports on Human Rights Defender's Dec. 12 statement

2008-12-12T00:53:00.000-08:00

HUMAN RIGHTS DEFENDER CALLS FOR PROFESSIONAL OBSERVATION
The human rights defender Armen Harutiunyan made a statement on December 12 on the trial of the detained leaders of the opposition, the so-called case of seven, which starts December 19. Armen Harutiunyan stated that the monitoring of trials of March 1 showed the prosecution lacks distinct evidence, and the courts mostly judge in favor of the interests of the prosecution. Meanwhile, the ombudsman notes that he believes in the defense. Besides, Armen Harutiunyan stated that as a way out of the situation he is for pardon and amnesty, although he is for amnesty rather since it does not require that the detainee writes letters of pardon or repentance. With regard to the case of 7, Armen Harutiunyan said it could be an indicator of strategic development of the society because both prosecution and defense have been focusing efforts on this case. Therefore, the human rights defender says his office will constantly monitor the trial, use its scarce resource at full, follow attentively the arguments of both prosecution and defense, the behavior of the judge, and in the end of the proceedings the office will make an assessment, possibly in a report. Armen Harutiunyan thinks it will guarantee a professional and unbiased approach of his office, avoiding early opinion, which may be described as an effort to pressure on the trial.Armen Harutiunyan urges the media to behave similarly, noting that scandals and shows distract from real arguments and lead in a different direction, which hinders professional observation. “It is necessary to listen to both sides professionally to go on to make a conclusion,” Armen Harutiunyan said, giving an almost similar answer to all the questions of reporters concerning the assessment of the proceedings so far.

http://www.lragir.am/src/index.php#top

Armenialiberty reports on the trial of seven

2008-12-11T09:03:00.000-08:00

Thursday 11, December 2008
Armenian Court Hastens Opposition Leaders’ Trial
By Karine KalantarianA court in Yerevan has set a date for what promises to be the most high-profile trial of opposition members arrested following Armenia’s bloody post-election unrest. The Criminal Court said late Wednesday that seven prominent associates of opposition leader Levon Ter-Petrosian will go on trial on December 19 on coup charges which the Armenian opposition considers politically motivated. The detainees include Ter-Petrosian’s election campaign manager, Aleksandr Arzumanian, and three members of Armenia’s parliament who were stripped of their immunity from prosecution in March. All of them stand accused of organizing “mass riots accompanied by murders” and attempting to “usurp state authority by force.” The accusations stem from the March 1 clashes in Yerevan between security forces and thousands of Ter-Petrosian supporters demanding a re-run of the disputed February 19 vote. At least eight civilians and two police servicemen were killed in what the Armenian authorities call a botched opposition attempt to stage a coup d’etat. Ter-Petrosian and his allies strongly deny the coup allegation, saying that the authorities deliberately used lethal force to enforce official vote results that gave victory to the establishment candidate Serzh Sarkisian. Mnatsakan Martirosian, a Criminal Court judge, set the date for the oppositionists’ trial just nine days after receiving the criminal case from state prosecutors. The defendants’ lawyers say that he could not have read and familiarized himself with the 42-volume case within nine days. “When a court receives a criminal case it has to look into that case to see whether there have been violations of procedural justice, whether correct legal evaluations have been made, whether a crime was really committed and whether there are grounds for pre-trial detentions,” one of the defense lawyers, Hovik Arsenian, told RFE/RL on Thursday. “The judge claims to have already familiarized himself with this case within nine days and found no violations. This can’t be the case.” Arsenian and other defense lawyers believe that the authorities have artificially sped up judicial proceedings to make sure that the trial starts well before a January session of the Council of Europe’s Parliamentary Assembly (PACE). The Strasbourg-based assembly is expected to again discuss the post-election developments in Armenia and decide whether to suspend the voting rights of its Armenian members. The decision depends, in large measure, on the recommendations of the PACE’s Monitoring Committee. It is scheduled to meet in Paris on December 17. The committee will in turn take into account a fresh report to be presented to it by Thomas Hammarberg, the Council of Europe’s commissioner on human rights. Visiting Yerevan last month, Hammarberg said the Armenian authorities have still not complied with PACE resolutions that demanded, among other things, the immediate release of Ter-Petrosian loyalists arrested on “seemingly artificial or politically motivated charges.” He specifically questioned the credibility of the accusations brought against Arzumanian and the six other well-known oppositionists. “I have not so far seen any strong evidence which would make it possible for an independent court to sentence these seven persons for attempting to change power in this country with violence,” Hammarberg said. Prosecutor-General Aghvan Hovsepian was quick to reject the criticism.

http://www.armenialiberty.org/armeniareport/report/en/2008/12/D590AF50-A15B-47F6-AE15-22B3336C5825.ASP

A1plus reports: another opposition supporter fired

2008-12-11T08:55:00.000-08:00

HE BECAME BRAVER AFTER MARCH 1
[08:25 pm] 11 December, 2008

When former professor of the Armenian affiliate of the University of State Service of Russia Karine Davoyan was participating in the national movement rallies, she was sure that she was fighting not only for her rights, but for the rights of her students and the rector of the university.
In the wake of the events of March 1, the rector of the university Mushegh Asoyan fired Davoyan, who had been working at the university for 8 years and was considered one of the best professors. She was always a member of the admission exams for her honesty and professionalism.
During the pre-election period, the rector suddenly began to suspect the professionalism of one of his best professors.
It all started when Mrs. Davoyan answered one of her students’ questions and said that the people gathered in “Freedom Square” on February 20 were not “homeless” people, but freedom fighters.
“Students are also citizens of this country. They also have the right to raise questions and I am obliged to answer them. Our rector found out about this and warned me not to talk about democracy, human rights or else I would be fired. When I asked him how he would fire me when my students loved me, he said that he could find a couple of students and make them write a complaint against me,” said Mrs. Davoyan.
At first, Davoyan didn’t pay attention to this and didn’t think that he was capable of such a thing. Before finding the two students, two National Security Service officials attended the university and called Davoyan to the rector’s office. Davoyan didn’t understand what her lectures had to do with the NSS officials.
“I told them that I had no party affiliation. I told them that I was going to elect Levon Ter-Petrosyan and that I would answer the same if my students ask me. The NSS officials told me that I had the right to do that and left.”
After that, the rector warned Davoyan that she wasn’t doing the right thing and prohibited her from participating in the rallies. He didn’t like this administration either, but he was ready to fire some professors for them. So, he was afraid to show his professors at the rallies. After Davoyan disobeyed the rector, her issue was discussed in the presence of 60 other professors.
“They claimed to have taken surveys from students on a scale of one to ten. The highest score was “1” and the rector put my issue up for discussion.”
Later, the rector offered Davoyan to return, accept her guilt with a final warning. Mrs. Davoyan refused, didn’t show up to class and taking advantage of this, the rector marked the absences to prepare ground for firing her for absences.
Although Mrs. Davoyan is currently unemployed, she doesn’t regret it.
“I was teaching students how to express themselves. If I were to continue lecturing for a salary, how I was going to talk to those students about dignity and individuality? I would lose my students with whom I am in contact,” said Davoyan.
Why did they fire you after the events of March 1? After all, you were participating in the rallies before March 1. In response to that, Mrs. Davoyan said:
“On March 1, I was near the Myasnikyan statue, but that was not the reason for firing me. They fired me after March 1 because until then, the rector thought that Levon Ter-Petrosyan might win and he might turn out to be the bad guy. He became braver after March 1.”

http://www.a1plus.am/en/?page=issue&iid=67283

Trial of Seven to begin December 19, 2008

2008-12-11T01:25:00.000-08:00

The trial of seven supporters of Levon Ter-Petrossian, opposition candidate in the February 19, 2008 presidential election in Armenia, is set to begin on December 19. In this case, known as “the case of seven” or “the mother trial”, it is not just seven men who are on trial, but the democratic opposition as a whole. The trial represents one more step in the resurgence of a soviet-style dictatorship in Armenia and the obliteration of the principles of democracy, justice, and human rights. As such, it deserves the attention of all people who welcomed what they believed was the end of totalitarianism in this part of the world. The fact is, the struggle for democracy is still going on.

The February 2008 election was described by the US State Department as “significantly flawed,” and included such problems as “favorable treatment of the government's candidate, instances of ballot stuffing, vote-buying, multiple voting, voter intimidation, violence against opposition commission members and proxies, and suspiciously high turnout figures.” Indeed, electoral violations began long before voting day, in the fall of 2007, with a steady campaign of violence and intimidation against supporters of Levon Ter-Petrossian and misuse of administrative resources in favor of Serzh Sargsyan. (For a comprehensive analysis of the election and its aftermath, see Policy Forum Armenia’s Armenia’s 2008 Presidential Election: Select Issues and Analysis).

When Sargsyan was narrowly declared the winner, thus avoiding a second-round run-off, the opposition launched a peaceful, round-the-clock protest, with rallies and marches attended by hundreds of thousands of citizens who believed that their votes had been stolen. After ten days of joyful, non-violent protest, the tent camp that had been established in Freedom Square was violently broken up in the early morning of March 1. Many of the protesters, seeking safety, fled to an area near the French, Italian, and Russian Embassies, where they were joined by thousands of other concerned citizens. But the government crackdown only grew more violent, resulting in the deaths of at least ten, and most likely many more, people, and the arrests of hundreds of opposition supporters, many of whom remain in custody to this day.

To date, there are some 70 political prisoners or detainees held in connection with the fraudulent presidential election of February 2008 and the subsequent government crackdown on opposition protesters. Many more opposition supporters remain in hiding, in fear for their safety, and even their lives. The families and friends of those in prison and in hiding have been harassed, arrested, interrogated, and threatened; they have been fired from their jobs, forced to close down their businesses, and had their assets frozen or seized.

The trials of the opposition supporters have been characterized by an obvious lack of independence on the part of the judiciary and accompanied by false testimony, intimidation of witnesses, illegal surveillance, and other violations and instances of bias against the defendants. There is little doubt that these proceedings represent political persecution, rather than criminal prosecution. As the Monitoring Commission of the Parliamentary Assembly of the Council of Europe stated in its September 2008 report, “Serious questions remain regarding the nature of the charges brought against people arrested in relation to the events on 1 and 2 March, as well as regarding the court proceedings of several cases, including with regard to the principle of a fair trial. In addition, and contrary to Assembly demands, 19 persons have been convicted on the basis of police testimony only. The committee is therefore seriously concerned that people may have been detained, and even convicted, based on political beliefs and non-violent activities, which is unacceptable to the Assembly.” And as US Helsinki Commission’s Chairman Alcee Hastings said in a hearing shortly after the events of March 1-2, “If...you tell me there are no political prisoners [in Armenia], then I will tell you that you're out of your ever-loving mind, because there are.”

The cessation of this political persecution release of the political prisoners is of utmost importance to all of the citizens of Armenia who share a belief in justice and human rights. No less important is an impartial inquiry into the events of March 1-2. Unfortunately, the parliamentary commission and the fact-finding group that is subordinate to it have yet to release any results, and in place of any timely, credible investigation, the government has cynically attempted through their prosecution of more than a hundred opposition supporters to predetermine the outcome of the inquiry.

Of particular concern at the moment is the upcoming trial of seven men—Alexander Arzoumanian, Levon Ter-Petrossian’s campaign manager; Grigor Voskerchyan, head of the Abovyan regional campaign headquarters; Sasun Mikayelyan, Myasnik Malkhasyan, and Hakob Hakobyan, members of parliament; Suren Sirunyan, activist, and Shant Harutyunyan, politician—on the dubious charge of having organized the events of March 1.
Grave doubt has been cast by Council of Europe Commissioner for Human Rights Thomas Hammarberg and others on the legitimacy of the articles (225 and 300) that these men have been charged with violating. Furthermore, the grouping of these particular seven people, who had little working or personal contact with each other and no existence, formal or informal, as a group, is both artificial and inexplicable. Finally, the gathering that took place near the French Embassy following the government’s bloody dispersal of the demonstrators on March 1st was spontaneous, as has been well documented. It is true that the seven men were present at the scene at different times, but their purpose, in the absence of Levon Ter-Petrossian, who was under house arrest, was to calm the crowd, prevent further violations of human rights, and to keep the situation from growing more dangerous. If anyone is responsible for the events of March 1-2, it those who ordered the unlawful crackdown, and not the seven who are set to be tried.

In a November 22, 2008 press conference in Yerevan, Thomas Hammarberg characterized the prosecution of the opposition as “political vendetta” and told reporters, “I am critical about some of the trials that have already been concluded and about the preparation of the major case against the seven prisoners…I have not so far seen any strong evidence which would make it possible for an independent court to sentence these seven for attempting to change power in this country with violence.”

Indeed, the case filed against the seven contains no evidence of wrongdoing. Moreover, it has been compiled with numerous breaches of the law by investigators, prosecution, and judges. For example, Judge Zhora Vartanyan of the Kentron-Nork Marash Court, where the seven are to be tried, unconstitutionally issued permission to investigators to conduct phone-tapping and round-the-clock surveillance of at least one of the defendants, Alexander Arzoumanian, on February 19, while voting was still taking place. Rather than regretting these Watergate-style tactics, the authorities have released transcripts of this defendant’s personal conversations to the government-controlled press, which is now conducting a daily smear campaign against him, his family, and friends.

Yet these seven men have been in jail now for more than nine months. (One of them, Alexander Arzoumanian, has now spent more than thirteen months in pre-trial detention, in violation of Article 138 of the Code of Criminal Procedure). Their trial is likely to last many months, or even years, more, as there is no legal limit on how long a trial may go on. If convicted, they face decades in prison, and the show trials conducted against the opposition thus far suggest that they have little hope of acquittal. They will join scores of others who have been sentenced to years in prison purely for supporting the only true opposition candidate and lawfully protesting the rigging of the election.