By Harut Sassounian
In all countries, individuals accused of crimes face lawsuits. If convicted, they serve their sentences. However, until a court issues a verdict, no one has the right to label these defendants “criminals, terrorists, or lawbreakers.”
Most countries have laws against libel which is the public dissemination of false information that damages someone’s honor, dignity, or business reputation. In Armenia, insults can carry a monetary penalty of up to 3 million drams (about $7,800), while defamation may cost as much as 6 million drams (about $15,600).
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Yet, most people do not distinguish between an accusation and guilt. Under the rule of law, every person charged with a crime is innocent unless their guilt is proven in court.
In recent weeks, the Armenian government has accused dozens of individuals of crimes ranging from plotting a coup to planning terrorism acts. Long before any trial or verdict, officials and their supporters labeled the accused “criminals,” prompting numerous defamation lawsuits in response.
As I reported last week, Russian-Armenian businessman Samvel Karapetyan, who is detained in a Yerevan jail at Prime Minister Nikol Pashinyan’s behest for defending Catholicos Karekin II, filed lawsuits against two pro-Pashinyan members of parliament. Karapetyan accused Arsen Torosyan and Hayk Konjoyan of falsely claiming that he has links to the Russian security services and “robs the Armenian people.” Karapetyan demands that they retract their accusations and each pay 9 million drams (about $23,400), plus court costs.
Karapetyan then filed three additional lawsuits:
– Against Pashinyan’s Press Secretary, Nazeli Baghdasaryan, for Facebook posts on June 17 and 24, alleging Karapetyan meddled in Armenia’s politics at the direction of a foreign country. She also wrote that Karapetyan took “part in a failed coup by a group of scoundrels.” He is demanding a public apology.
– Against Pashinyan’s Deputy Chief of Staff Taron Chakhoyan for several Facebook posts, depicting Karapetyan as an agent who was sent to Armenia on a mission, and making other “insulting” comments. Karapetyan considers these statements “defamatory, a lie, and baseless,” for which he is demanding a public apology.
– Against political scientist Harutyun Mkrtchyan for interviews with pro-government journalists and Facebook posts, accusing Karapetyan of getting involved in political activities in Armenia as an agent under foreign orders. Karapetyan calls Mkrtchyan’s accusations “defamatory, false and baseless.”
Meanwhile, Attorney Hovhannes Khudoyan announced last week that his client Karapetyan is filing lawsuits against 150 other individuals for slandering and insulting those arrested in recent days under various charges, thus trampling the defendants’ right to presumption of innocence. The attorney claimed that “the statements made by Members of Parliament, ministers, and mid-level officials, as well as experts and propagandists, are aggressive and full of profanity.”
Finally, former Pres. Robert Kocharyan filed a lawsuit against the Speaker of the Parliament Alen Simonyan, asking him to apologize and refute his “false” statements “tarnishing Kocharyan’s dignity and reputation.” Kocharyan filed a second lawsuit, after Simonyan mocked his initial lawsuit․
Kocharyan also sued Prime Minister Pashinyan for falsely alleging that a court found him guilty of bribery. Kocharyan is demanding that Pashinyan pay him six million drams ($15,600) in compensation.
The problem with all these lawsuits is that most judges in Armenia still fear reprisals, if they rule against Pashinyan’s wishes, as he himself acknowledged in 2018 in a rare moment of candor. This casts a serious doubt on the prospects for impartial justice in these cases.
The defendants have two paths forward. They can wait for a future, independent Armenian court to restore their rights once Pashinyan leaves office. Or, if convicted, they can appeal the verdicts to the European Court of Human Rights (ECHR). Karapetyan’s legal team announced last week that they are already preparing such an appeal to the ECHR, hoping the court in Strasbourg will overturn the unjust Armenian ruling. The only problem is that ECHR proceedings can take years, unless it is handled on an emergency basis.
In the meantime, the Armenian Apostolic Church should consider filing a lawsuit against Pashinyan and his partner, Anna Hakobyan, for violating the constitutional separation of Church and State, and for making unsubstantiated, vulgar accusations against Catholicos Karekin II and other high-ranking clergy. Should the courts in Armenia rule against the clergy, they should appeal to the European Court of Human Rights.
