Open Letter to Ambassadors Accredited to Armenia:
Head of the Delegation of the European Union to Armenia, Ambassador: H.E. Mr. Vassilis Maragos
Head of the Council of Europe Office in Yerevan: H.E. Ms. Martina Schmidt
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US Ambassador to Armenia: H.E. Ms. Kristina Kvien
Ambassador of France to Armenia: H.E. Mr. Olivier Decottignies
Ambassador of the United Kingdom to Armenia: H.E. Mr. John Gallagher
Ambassador of Italy to Armenia: H.E. Mr. Alfonso di Riso
Ambassador of Poland to Armenia: H.E. Mr. Piotr Skwieciński
Ambassador of the Czech Republic to Armenia: H.E. Mr. Petr Pirunčík
Ambassador of the Kingdom of the Netherlands: H.E. Mr. Jaap Frederiks
Ambassador of the Kingdom of Sweden: H.E. Mr. Patrik Svensson
Ambassador of Lithuania to Armenia: H.E. Mr. Andrius Pulokas
Distinguished ambassadors, ladies and gentlemen,
I am addressing you as the Chairman of Helsinki Committee of Armenia, a human rights NGO, which used to cooperate closely with many of you. We effectively cooperated and implemented human rights programs especially with the EU delegation to Armenia, Council of Europe Office in Yerevan, embassies of the USA and the Czech Republic. In 2010, I was invited by the EU to Jordan to present our joint programs there, which the EU considered to be among the most successful. In another EU program I was selected as a human rights expert. As commissioned by the EU, I was selected as an expert for the evaluation of the judiciaries of the member states of the Eastern Partnership in a program implemented by the Council of Europe. I enjoyed personal warm relations of mutual trust with many former ambassadors and staff of embassies of the EU, USA, Germany, Poland, Czech Republic, United Kingdom, and Italy. I received invitations to meetings with all the EU and CoE delegations that visited Armenia, to present my opinion on Armenia’s democracy, judiciary and situation with human rights.
All this lasted until 2019. In 2019, in a meeting with the subsequent EU delegation visiting Armenia, I expressed concern about the unconstitutional and illegal actions taken by the new government against the judicial system and the Constitutional Court (CC). And what…? Surprisingly, the head of the delegation argued that they trusted the new government. I was perplexed and asked what they meant by trusting, i.e. did they mean they were in favour of illegal actions? That was my last meeting with both the EU and CoE delegations that arrived in Armenia.
I have known Andrea Wictorin, the former EU ambassador, since she was the ambassador of the Federal Republic of Germany to Armenia. At that time, she often invited me to talk about democracy in Armenia. In the same 2019, at my request, we met at the EU office. At the meeting, I presented in detail, with facts, the illegal methods with which both the judiciary and the Supreme Court were being destroyed.
As examples of destructing the judicial system, I cited the leaked telephone conversations between the Prime Minister, the head of the Special Investigation Committee (SIC) and the head of the National Security Service (NSS), as well as the blockade of the courts. With regard to the Constitutional Court, I mentioned about the adoption of unconstitutional laws, political and criminal pressures on the Chairperson of the Constitutional Court and his confidants. How do you think Ms. EU Ambassador reacted? She said that, as per the constitution, the CC members are nominated by the RA President, the Government and the Association of Judges. This was the end of our last and very meaningful conversation.
After a long wait, I decided to express in this open letter my bafflement about the behavior of all of you. I mean the consistent violations of human rights in Armenia that you ignore.
As a guide, we shall use the articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms
Article 2. Right to life
In Armenia, the right to life has been threatened in the last five years.
– In 2019, in the city of Yeghegnadzor, in the presence of the regional governor and probably on his instructions, a contract serviceman, lieutenant colonel Ara Mkhitaryan, was brutally beaten, who died after four years in a coma. And the governor responsible for all that today is an MP of the ruling Civil Contract faction.
– In 2022, Armen Grigoryan, a public figure and an active participant in opposition demonstrations, who had serious health problems, was detained on groundless charges. In the courtroom, during the trial, Armen Grigoryan’s heart failed and he died in front of the cameras. No one was held accountable.
– In 2022, one of the convoy vehicles accompanying the Prime Minister ran over Sona Mnatsakanyan. The latter died with her unborn child. No one was held accountable.
– In 2022, supporters of the authorities killed three young men with firearms in Aparan. No one was held accountable.
– In 2023, under unknown circumstances, 15 servicemen were killed in a fire in a military unit; not counting the thousands of victims of the war, the number of victims in peaceful conditions, which reaches about 100 servicemen annually. And as in all above-mentioned cases, no one was held accountable.
Article 3. Prohibition of torture
By the way, this article is one of the exclusive ones that defines an absolute right.
Below I present only the cases recorded in 2023. Incidentally, for the first time in the entire history of Armenia, lawyers were subjected to violence in the police departments.
-On January 12, in Charentsavan police unit, the officers of the Ministry of Internal Affairs beat Arman Khalapyan, who was summoned to the unit for the case of his son. According to lawyer Sasun Rafayelyan, his client was beaten in the presence of unit head Mher Minasyan in his office.
-On April 10, Arsen Ghaitmazyan, head of Dilijan police department of criminal investigation, beat minor Araz Amiryan, a waiter in the “Haghartsin” restaurant-hotel complex, which was recorded by cameras. According to the latter’s lawyer, A․ Ghaitmazyan was under the influence of alcohol and complained that he was requested payment for the hotel’s overnight stay in advance. Only after the video of the beating was spread, were investigative actions carried out against Arsen Ghaitmazyan․ Nevertheless, even then A. Ghaitmazyan was not prosecuted on the ground of “active remorse”.
– On June 17, after conducting a search of his house, the police officers took Tigran Arakelyan, a former member of the “Armenian National Congress”, to the Investigative Committee and tortured him. According to his report, with the participation of Azat Gevorgyan, Head of the Investigative Department of the RA Investigative Committee, and Argishti Kyaramyan, Chairperson of the RA Investigative Committee, his wet body was exposed to electric shock, they beat him, threatened to throw him out of the window, after which the police forced him to change his bloodstained clothes to cover up the incident. According to T. Arakelyan, A. Kyaramyan personally threatened his family, saying that he would not see his wife and child again and that his family would be destroyed. The Investigative Committee hurried to refute the information, saying that T. Arakelyan was accused of “extortion and assisting in publishing malicious information about officials”, without specifying about who.
-On February 9, lawyers Marzpet Avagyan and Emanuel Ananyan were beaten in Erebuni police unit of the Ministry of Internal Affairs. According to the latter, during the confrontation of a minor defendant, an argument started with the detective who was confronting him and insults were uttered. In the corridor M. Avagyan demanded clarifications from the detective but police officers twisted his arms and beat him and E. Avagyan. The incident stopped after the intervention of investigators who were in the same building. According to the minor defendant, before that he had been beaten up by a group of police officers of Erebuni unit, covering his head with clothes and putting their feet on his head.
– On June 7, lawyer Karen Alaverdyan was subjected to violence in Kentron police unit. According to K. Alaverdyan, after the court session more than 20 police officers from different departments of Yerevan and the patrol service approached him and his client in the street, inviting them to the police station. His client agreed and was taken to the central unit in a patrol car. K. Alaverdyan followed them, however, he was not allowed to enter for 5-10 minutes. When the lawyer finally managed to go up to his client, he heard him screaming from behind the door, demanding not to hit him. Entering the office, K. Alaverdyan saw his client handcuffed on the ground being beaten by five or six police officers. The lawyer tried to intervene and stand between him and the police officers demanding to stop the violence. The police officers removed the lawyer by force, chained him and used tear gas. K. Alaverdyan was arrested and held in custody for 6 hours without informing the Chairperson of the Chamber of Advocates, although this is directly required by law. As for the defendant, he had many injuries, his eardrum was damaged, and he suffered cigarette burns on his face.
Article 5. Right to liberty and security
This article has been and is widely violated. New, illegal courts were established in Armenia, the so-called “pre-trial” and “anti-corruption” courts, where judges were appointed who were committed to the Prime Minister and had received no real legal education. Another fact should be taken into consideration that, according to law, the Investigative Committee is a government-adjunct body, under the direct control of the Prime Minister. The Prosecutor General is a former adviser to the Prime Minister, who, in the position of an adviser, directed the investigators on the instructions of the same Prime Minister. These bodies, on the instructions of the Prime Minister, invent criminal cases against the opposition figures and the appointed judges issue arrest warrants. The number of such illegal arrests and detentions reaches hundreds. For example, people who defeated the ruling power in local elections are arrested and detained, as it happened in Vanadzor, Vardenis, and Goris.
Article 6. Right to a fair trial
In 2018, telephone conversations between the Prime Minister, the head of the National Security Service and the head of the National Security Service were declassified where the Prime Minister gave clear instructions about detentions in criminal cases ordered and initiated by him.
In 2019, the release of the RA second president Robert Kocharyan by judge Davit Grigoryan was followed by the Prime Minister’s order to block the courthouses. After a short while, false charges were brought against judge Davit Grigoryan.
In 2022, a conversation between the Chairman of the Supreme Judicial Council (SJC) Gagik Jhangiryan and ex-chairman of SJC Ruben Vardazaryan was declassified, where Gagik Jhangiryan clearly revealed that the initiation of criminal cases was ordered.
Then, the Minister of Justice, member of the ruling Civil Contract (CC) Party, Karen Andreasyan, was appointed as the Chairman of the Supreme Judicial Council. His deputy Grigor Minasyan was appointed Minister of Justice. They continue to cooperate closely, fulfilling the Prime Minister’s instructions. The Minister of Justice initiates disciplinary cases against disobedient judges before the Supreme Court, and the Supreme Court suspends the powers of the judges.
Since 2018 hundreds of criminal charges have been brought against opposition figures, many of them have spent months in detention, all reasonable terms have passed with no court verdict.
Currently there are more than fifty political prisoners in the prisons of Armenia.
Article 7. No punishment without law
Laws were adopted in Armenia that contradict the international laws, like the one on grave insult with which many oppositionists were tried. In 2022, an amendment was adopted to the law on peaceful assembly, which contradicts international law. Under that amended law, opposition figure Avetik Chalabyan was arrested.
Article 8. Right to respect for private and family life
Numerous are cases when the Police, the National Security Service broke into citizens’ apartments without court orders. In order to suppress the officials who are undesirable to the government, criminal charges are brought against their relatives, for example, against the relatives of the former chairman of the CC Hrayr Tovmasyan, as well as against the wife of the former chairman of the SJC Ruben Vardazaryan.
Article 10. Freedom of expression
There were many cases of pressure and violence against journalists between 2018 and 2023, both by the police and members of the ruling Civil Contract Party. No one was brought to justice upon those many cases. Citizens and figures with opposing views are detained for their expressions on social networks.
Article 11. Freedom of assembly and association
One can say that in recent years the right to freedom of assembly has been absolutely violated in Armenia. During peaceful gatherings, various police units, often without personal insignia, use unreasonable force and violence against the gathering participants. In 2021-2023, more than a dozen cases of group beatings by the police in front of the cameras were recorded. Hundreds of peaceful protesters were arrested, many of them were detained. As a rule, the cases were initiated exclusively by the testimony of the police officers.
Article 13. Right to an effective remedy
This right, under the current legal system of Armenia, cannot be effective at all.
Article 14. Prohibition of discrimination
The Italian fascist Benito Mussolini’s principle works in Armenia: “For my friends, anything; for my enemies, the law!”.
I brought forward facts above about the crimes committed by the representatives of the government and their impunity.
Let’s limit ourselves to this and not bring other examples of corruption that has reached unprecedented proportions in Armenia.
So, what is the reason that, unlike before 2018, you no longer notice and criticize the widespread violations of human rights?
Certainly, I am not so naive as not to understand that you are not independent, but rather represent the interests of the countries and unions that represent you. And, of course, the geopolitical interests of your countries today coincide with the policies of the Armenian government, including the depopulation of Artsakh and handing it over to Azerbaijan. And that is the reason why, despite the increasing human rights violations in Armenia, you not only do not notice it all, but also closely cooperate with various ministries of Armenia. The ambassadors of the USA, EU, Czech Republic and Sweden have meetings with the Minister of Internal Affairs who has sadistic tendencies and discuss issues of further cooperation. In other words, you are ready to finance the Ministry of Internal Affairs and cooperate for future torture, violence, and beating of peaceful demonstrators. Moreover, many of you are discussing similar meetings and issues of further cooperation, with the authors of the destruction of the courts – the Minister of Justice and the SJC Chairman.
As I mentioned, I understand the geopolitical interests of your countries. But, sorry… to the degree that you refuse your declared values of democracy, rule of law, human rights!? In fact, you and the leaders of the countries representing you are only pretending, proclaiming these values, because you do not even mildly criticize the dictatorial tendencies of the Prime Minister of Armenia. Moreover, during every meeting with him, you bow before him and, with a smile, promise more financial and moral support.
Recently in Strasbourg, in the European Parliament, representative PMs of your countries, gave a standing ovation to the dictator-prime minister of Armenia who endlessly repeated the word “democracy”. Yes, it is democracy when a high-ranking official spits in the face of a citizen. It is democracy when the Prime Minister threatens the opposition with a hammer or promises to make them “eat asphalt” during the electoral campaign. All those who cheer him are well aware that the Prime Minister is far from democratic values, but… they cynically cackle at the Armenian people. There you are with western values. And it is you and your authorities who discredit those values, like in the Middle Ages, you discredited Christianity with the Inquisition, witch hunts, and crusades.
The only rebuttal on your side can be the question as in that case, how do we, the Armenian people, tolerate such a government and why we re-elected him in 2021. First, about the 2021 elections. Do you know any non-democratic country where the government changes with elections? Maybe your close ally Azerbaijan? Based on your same interests, in 2021 elections, you and your observers “didn’t notice” the enormous administrative resource, criminal prosecutions, the military’s directed vote, and considered that farce “fair and free”. However, I agree with you on this matter. Having such a leader and continuing to tolerate him is, first of all, a shame for us, the Armenian people, and there is no need to blame other countries.
Ending the open letter, let us record that you, with your behavior, ultimately discredit the so-called western values of democracy, rule of law, human rights, and no matter what government comes to Armenia, you will not have the right to criticize them and demand democracy from them.
With no expectation of a reply.
Respectfully,
Chairman of the Helsinki Committee of Armenia
Avetik Ishkhanyan
P.S.: You will find the cases cited in the letter in the reports below.
- Observer #1 (73) Human Rights in Armenia 2018
https://armhels.com/wp-content/uploads/2019/03/Ditord-2019Engl_Ditord-2019arm-1.pdf - Observer #1 (74) Human Rights in Armenia 2019
https://armhels.com/wp-content/uploads/2020/02/Ditord-2020Eng_Ditord-2019arm-2.pdf - Observer #1 (75) Human Rights in Armenia 2020
https://armhels.com/wp-content/uploads/2021/03/Ditord-2020-Eng.pdf - Observer #1 (76) Human Rights in Armenia 2021
https://armhels.com/wp-content/uploads/2022/03/Ditord-2021-2_ENG.pdf - Observer #1 (77) Human Rights in Armenia 2022
https://armhels.com/wp-content/uploads/2023/10/Observer-2022_.pdf - Observer #1 Human Rights in Armenia 2023 Ad hoc Report
https://armhels.com/wp-content/uploads/2023/07/Observer_ad_hoc_report_2023.pdf