Thursday, December 25, 2008

December 23 in court

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.

Sunday, December 21, 2008

From RFE/RL

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:

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:

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)

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

Friday, December 19, 2008

Trial begins: Armenialiberty reports:

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

Thursday, December 18, 2008

PACE Monitoring Committee Draft Resolution

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