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20 The Armenian Reporter | November 1, 2008 Armenia “The Case of the Seven is a bubble,” their lawyer says by Armen Hakobyan Armen Khachatrian. YEREVAN – Armen Khachatrian, the coordinator of the Legal Support for Political Prisoners Service of the opposition Armenian National Congress told the Armenian Reporter that the Case of the Seven is devoid of substance. The Case of the Seven involves members of parliament Miasnik Malkhasian, Hakob Hakobyan, and Sassun Mikaelian, former foreign minister Alexander Arzumanian, and another three people. They are accused of organizing mass riots that resulted in a number of deaths. Mr. Khachatrian considers them to be, without question, political prisoners – just like all the other people accused and sentenced under the March 1 criminal case, apart from those who participated in the lootings. The Legal Support for Political Prisoners Service operates within the framework of the Armenian National Congress headed by Levon Ter-Petrossian. The service was formed, “in the situation generated after March 1, when people were being arrested constantly and their numbers had reached about 500 and the number of those detained had surpassed 5,000 throughout the Republic. At that time, at the end of March and the beginning of April, we tried to offer preliminary legal aid by guaranteeing lawyers or simply direct legal consultation. After that, when the trial processes began, we literally started offering legal support by guaranteeing lawyers. Parallel to this we began to support the elucidation of the trials.” When asked how they had determined that 5,000 people had been detained – the number radically differs from figures – Mr. Khachatrian said, “When the political ‘strolls’ [mini-demonstrations] had just begun on Northern Avenue at the end of March, the police detained more than 80 people in a single day; however, the next day only seven people were mentioned in the information provided by the police. They had prepared reports on only seven of the 80 detainees. According to the law, [the police] must prepare a report for each of them; after all you are taking a person to the police department and keeping him there for a couple of hours. If they do not want to make a report, then let them say that they have kidnapped or detained a person illegally. This is also one of the reasons for the difference. We have counted the names and surnames everyday and we base our data on those numbers.” To the question of how many pending cases there are according to their data, Mr. Khachatrian said that among the cases they also include cases reported before March 1, connected with the elections or opposition figures. “From the first day we decided not to separate the cases of political prisoners detained, imprisoned, or sentenced before March 1. In other words, we view them all as March 1, 2008, in Yerevan. Photo: Photolure. one. For example, Smbat Ayvazian, who was detained on February 23, is, nevertheless, a person persecuted as a result of recent political events in Armenia,” said Mr. Khachatrian and added that they consider the former deputy prosecutor general Gagik Jhangirian, his brother Vardan Jhangirian, Bedros Makeyan, and Harout Urutian to be political prisoners, even though they were detained before March 1. According to Mr. Khachatrian, overall, “160 people have been accused in the March 1 case, the cases of 21 have been quashed, eight have been vindicated by the court and the cases of the rest of them are either being examined or are in court, or are being appealed or had sentences passed on them.” Currently, about 30 cases including the Case of the Seven are under a separate court case. Mr. Khachatrian said he thought that the authorities “will probably try to summarize the accusations or court procedures of all the cases within the Case of the Seven. The authorities are trying to summarize the series of criminal investigations in the Case of the Seven.” “There are some reservations. The reservations are connected to the fact that some people who had not participated in the rallies and who had come there to rob and loot have also been detained and later on sentenced in the March 1 case. Naturally we cannot consider them political prisoners. If I am not mistaken, about 40 people were accused of robbery, looting, and using drugs,” he explained. According to the Legal Support for Political Prisoners Service overall, 131 people are political prisoners and about 300 more people are considered politically persecuted. Amongst these are the editor-in-chief of Haykakan Zhamanak daily and representative of Levon Ter-Petrossian’s electoral headquarters, Nikol Pashinian, Member of Parliament Khachatur Sukiassian, and others being sought by law enforcement bodies. They consider all those people against whom law enforcement bodies have not declared an investigation, but who have been forced to go into hiding or flee Armenia temporarily for their “political views, political activities or political stance” to be politically persecuted. “Amongst those men are, for example, Valodia Hovhanissian, who actively participated in the election process and supported Levon Ter-Petrossian and is currently in hiding, even though he is not being sought,” said Mr. Khachatrian. “He has already received corresponding status in another country [Georgia]. Some economic sanctions were used against him, resulting in him losing his business in Armenia; he was the owner of Aygservice. The man lost his business just because he supported Levon Ter-Petrossian.” Investigation into the events of March 1 continues Mr. Khachatrian describes the political cases which have been examined in courts so far as empty bubbles. As far as the Case of the Seven is concerned, Mr. Khachatrian noted, “The legal absurdity is total in this case. Here they have completed that logic. There are two kinds of balloons or bubbles: rubber balloons, which can be burst by a needle and soap bubbles, which burst by themselves. In this case, the criminal case is bursting by itself. In other words, if the defendants do not question witnesses in court, do not present arbitrators, etc., then the accusations disappear by the preliminary testimonies.” The Legal Support for Political Prisoners Service is preparing all the necessary documents and 2-3 cases in order to apply to the European Court of Human Rights and appeal the decision of the Armenian courts. The authorities of Armenia, naturally, do not accept that there are political prisoners in the country. f by Armen Hakobyan YEREVAN – “The preliminary investigation into the ‘mother case’ of the events of March 1 continues in order to find the rest of those involved in the crime and give a legal evaluation to their actions,” Sona Truzian, the press secretary of Armenia’s prosecutor general told the Armenian Reporter. The case refers to the criminal investigation into clashes that caused the deaths of 10 people (two police officers and eight civilians) and injuries to hundreds of others. The clashes took place in the early morning of March 1 in Yerevan’s Freedom Square and continued later that same day in different areas of the city between the supporters of the opposition and the police. Armenia’s Special Investigations Service is conducting the investigation. Reviewing the numbers To date, 140 people have been accused. Of them, 118 were held in detention; 22 were freed on their own recognizance. The courts ordered the release of eight people from pretrail detention. Another 23 were ordered released by the prosectors supervising the Special Investigations Service. According to the official data, the pursuit of another 22 people has been dropped and the relevant parts of the criminal case have been quashed. From the mother case, 89 separate criminal cases were opened and have been sent to court. They charge 104 individuals; 79 of the accused were already under detention at that time, and the other 25 swore not to leave the country until the end of the case. Currently 13 people are being tried in 11 criminal cases. Of them, 12 are being held in custody. Verdicts have been handed down on 78 cases involving 91 people. Five people have been vindicated. Another 43 people have been found guilty and sentenced to between six months and six years in prison. Another 37 have been found guilty and have had their sentences suspended. Case of the Seven is about to go to trial Now, the investigation has been completed and all evidence has been presented for consideration in a case, “The Case of the Seven,” involving three members of parliament and a former foreign minister. Member of parliament Hakob Hakobyan, former foreign minister Alexander Arzumanian, Shant Haroutounian, Grigor Voskerichian, and Souren Sirounian have been charged under Article 225 of the Penal Code (for organizing mass riots, accompanied by killings) and Article 300 (actions aimed at overthrowing the Constitution by violence); member of parliament Miasnik Malkhasian has been charged under those articles and Article 38-316 of the Penal Code (accomplice in violence against law enforcement officials). Member of parliament Sassun Mikaelyan has been charged under the two articles and Article 235, unlawful possession of a deadlu weapon. A case involving five people, including Khacatur Sukiasian, a member of parliament and owner of the Sil Group, and Nikol Pashinian, an editor and opposition activist, is still being developed. f
The Armenian Reporter | November 1, 2008 21 Armenia Tufenkian vineyards are already bearing fruit Resettlement is the key for liberated territories by Tatul Hakobyan KASHATAGH, Nagorno-Karabakh – Talk of returning the liberated territories to Azerbaijan has been the major obstacle hindering the revitalization and resettlement of those territories. The territory that falls between the Soviet-era Nagorno-Karabakh Autonomous Region and the Republic of Armenia is historically Armenian territory. The fertile valleys that fall between the historic provinces of Siunik and Artsakh, between the Aghavn, Hakar, and Vorotan Rivers, were cleared of Armenian residents in the last 200 years; other villages, such as Hak and Alghuli, had been populated by Armenians until 1918. Aygehovit is one of the Hakar valley’s partly restored and resettled villages. According to Zorik Hovhannisian, the head of the village, this valley and Aygehovit are among the most beautiful places in the world. Even though he was born in Stepanavan, in Armenia’s Lori province, he has lived and worked in Artik for many years. The head of the village says that talk of returning the territories affects the residents psychologically. “After living with no electricity for six years, we finally have it,” he said. “The Tufenkian Foundation has started implementing some humanitarian projects and the government of Nagorno-Karabakh is lending small sums of money to the villagers at zero interest; however, this is too little for the restoration and resettlement of these territories,” Mr. Hovhannisian added. The head of the village is convinced that something must be done to make people feel respected on this land and not feel like creatures begging for help. “In other words, they must give people the opportunity to work and live with dignity. They must know that this land belongs to them. Nothing else is needed; a man will create the rest with his own hands,” he said. Antranig Kasbarian, director of the Tufenkian Foundation’s Nagorno-Karabakh Office, agrees that first of all the employment issue must be resolved in the liberated territories. It is impossible to keep people on those lands even if you construct good housing for them. “The main reason behind the emigration from the Kashatagh region from 2000 to 2007 was unemployment,” Mr. Kasbarian told the Armenian Reporter. “Our foundation has started restoring about 40 hectares of vineyards in the villages of Aygehovit and Urekan.” Aygehovit was established in 1997 and currently has 160 residents. Mr. Hovhannissian confirmed that since 2002, some of the residents had left the village. People do not feel as though the land needs them or that the land is important in general. “However, I do not think about those who leave,” he said. “Maybe they left because they were unable to live and adapt here or maybe the situation in their former settlements has improved. The most important thing is that new families are being formed in the village and the local youth are getting married and having children. At the same time, they continually ask, “What future will my child have living like this?” The principal issue must be the resettlement of these lands. It is not right to only partly resettle. The enemy thinks, ‘Why aren’t the Armenians resettling the territories? Because it does not belong to them,’” Mr. Hovhannisian said. He said that if they had permanently settled residents, it would Fact Finding Group of Experts to assist March 1 investigation Medical center in Ishkhanadzor. Photo: Tatul Hakobyan for the Armenian Reporter. Armenian Reporter map of Kashatagh by Grigor Beglaryan © 2008. be difficult, if not impossible, to return liberated lands to Azerbaijan. People in these liberated areas no longer beg for help. They demand an opportunity to live and work in dignity. American-Armenian benefactor James Tufenkian, working with the Karabakh government, organized a conference in Berdzor (Lachin) six months ago (See Armenian Reporter, April 5). The objective of the conference was to draw attention to the liberated territories and at the same time attract diaspora investment for the revitalization and resettlement of those territories. According to Mr. Kasbarian, some promises of investments have already been given. The establishment of a winery, which will use local crops, is one of their priorities. This year, even though the climate was not favorable, about 80 tons of grapes were gathered from the Tufenkian vineyards. The residents of Aygehovit also grow grapes. They complain that the wineries of Hadrut or Karmir Shuka bought their grapes for only 110 drams per kilogram. Besides that, transporting the grapes from Aygehovit is expensive, as a result of which viniculture is not profitable. Besides alleviating the worries of the villagers, the establishment of a winery in Aygehovit or its surrounding villages would also help encourage the planting of new vineyards. When the Tufenkian Foundation constructed a flour mill in Aygehovit in 2005, the residents of all the surrounding villages found it easier to sell their wheat or simply turn their wheat into bread at the mill. When the foundation built a health center in neighboring Ishkhanadzor village, it was a blessing for the residents of all the surrounding villages; the closest heath centers were in Berdzor, Goris, and Kapan, each of which is about 40 miles away from Ishkhanadzor. The Hakar River valley can produce a bountiful harvest, but lands need to be cared for and should not be treated merely as a security zone or liberated territories, but as a homeland, which belongs to Armenians. I toured the fertile Hakar River valley for a day with the Tufenkian Foundation’s driver Michael, in his Niva. During our drive back, he suggested that I should try the Hakari fish. Romik, he said, is the best fisher around. He moved to Aygehovit from Ashtarak four years ago. Besides being a good fisher, Romik is also a hardworking Armenian and a caring parent. He has managed to plant fruit trees on more then 2 hectares of land. Truly, Hakar’s fish had an incomparable flavor. Fish from rivers is tasty, especially when the waters flow from the ice-cold springs of the mountains of Armenia. f Human Rights defender names his representative by Armen Hakobyan YEREVAN – Armen Harutyunyan, Armenia’s Human Rights Defender, has named his representative to take part in the work of a Fact Finding Group of Experts being set up to assist the special parliamentary commission investigating the bloody events of March 1. Mr. Harutyunyan named his Chief of Staff Vahe Stepanyan as his representative. From 1990 to 1996 Mr. Stepanyan served as Minister of Justice in Levon Ter-Petrossian’s administration. On October 23, President Serge Sargsian signed an executive order under which a fact-finding group of experts would be created to investigate the events leading up to March 1, collect the corresponding documents and facts, and present them to the commission. The group will have five members, two of whom will represent the governing coalition; one will represent the Heritage Party; one will be from Mr. Ter-Petrossian’s side; and one will represent the Human Rights Defender. The president has made it clear that all those participating in the group must be experts in their respective fields and must not be an elected or appointed official or belong to a political party, with the exception of the Human Rights Defender’s representative. The Fact Finding Group of Experts will have wide-ranging powers; it can include international experts in its investigations, including legal experts, with the stipulation that they will work behind closed doors and in secret. Those who do not adhere will be asked to leave the group. Although the group must begin its work in the coming days, the coalition, the Heritage Party, and Mr. Ter-Petrossian have yet to name their representatives. f
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