Tweet
OPPOSITION YOUTH TRIAL ADJOURNED AS DEFENSE ATTORNEY SEEKS CLIENT'S RELEASE
http://www.armenianow.com/society/human_rights/49030/armenia_amnesty_tigran_arakelyan_trial
HUMAN RIGHTS | 08.10.13 | 11:54
Photolure
By Gohar Abrahamyan
ArmeniaNow reporter
The Monday court sitting in the case of opposition Armenian National
Congress (ANC) youth Tigran Arakelyan did not produce the news of
his release as expected by many. The judge in the appeals court did
not even hear the petition by the defender of Arakelyan, who has been
serving a six-year prison term since 2011, but is subject to the act
of amnesty passed by the Armenian National Assembly last week.
Arakelyan, along with three other ANC activists, was involved in
an incident with police officers more than two years ago. All were
convicted on different counts, with Arakelyan convicted of assaulting
a police officer. The ANC and other opposition and civil groups have
described Arakelyan and the other youths as political prisoners,
an allegation denied by representatives of the authorities.
No sooner had Arakelyan's defense attorney Mushegh Shushanyan asked
the court to change the measure of restraint applied to his client
as Justice Eva Darbinyan adjourned the meeting, announcing that the
next court sitting will be on Wednesday.
As a result of the amnesty adopted in Armenia last week on the
occasion of the 22nd anniversary of Armenia's independence, up to
600 prisoners will be released, while sentences for about 700 will be
reduced. The act of amnesty applies to those who have final judicial
acts passed on them. Arakelyan will be able to benefit from this bill
if the court at least upholds the six-year prison term passed on the
opposition youth by the lower court. But if his sentence is increased
even by six months, he will remain in prison and may count only on
the reduction of his jail term.
Defense attorney Shushanyan says that refusing to hear the petition
was an arbitrary step from the court, since making petitions is the
right of participants of the trial that must not be restricted.
"We certainly could artificially speed up the process, come to the
court sitting and declare that we had no new petitions and that we were
ready to say something and the court would retire for deliberations
and return with a verdict, after which Tigran would be free. But our
goal is to achieve acquittals of Tigran Arakelyan and the other three
guys. It is not they who are criminals, but those who take illegal
actions against them," the lawyer said, adding that at the next court
hearing they will present the same petition.
The latest amnesty is also likely to be applied to a number of
individuals convicted in high-profile cases in recent years, such
as former head of the Police's Criminal Investigation Department
Hovhannes Tamamyan, who was convicted of ordering murder in exchange
for a bribe, and former Road Police Chief Margar Ohanyan, who was
convicted of particularly large-scale misappropriation of state funds.
If not released, both will at least get their sentences reduced under
the amnesty.
The act also applies to reserve army colonel Volodya Avetisyan,
who began public protests against the government for better social
protection in May and was arrested last month on suspicion of fraud.
Among those who will be able to benefit from the amnesty is also
Artak Budaghyan, who is charged with carrying out an armed assault
against the house of former Syunik Governor Surik Khachatryan in Goris.
But Budaghyan's lawyer has said that his client does not accept the
charge, which means that he will also refuse to be amnestied.
"Amnesty can be applied when a person agrees that it be applied to
him, but Artak Budaghyan, in my opinion, will not agree to that, as
he will demand that the case is examined in court," said Hayk Alumyan.
And Volodya Avetisyan's lawyer Ara Zakaryan told ArmeniaNow that
regardless of whether his client will accept the amnesty or not, the
body conducting the investigation should release him as "even in the
worst-case scenario, even if he is convicted, Avetisyan will have to
be freed from punishment under the amnesty."
"In other words, keeping him in prison today has no legal basis,"
the lawyer emphasized.
From: A. Papazian
http://www.armenianow.com/society/human_rights/49030/armenia_amnesty_tigran_arakelyan_trial
HUMAN RIGHTS | 08.10.13 | 11:54
Photolure
By Gohar Abrahamyan
ArmeniaNow reporter
The Monday court sitting in the case of opposition Armenian National
Congress (ANC) youth Tigran Arakelyan did not produce the news of
his release as expected by many. The judge in the appeals court did
not even hear the petition by the defender of Arakelyan, who has been
serving a six-year prison term since 2011, but is subject to the act
of amnesty passed by the Armenian National Assembly last week.
Arakelyan, along with three other ANC activists, was involved in
an incident with police officers more than two years ago. All were
convicted on different counts, with Arakelyan convicted of assaulting
a police officer. The ANC and other opposition and civil groups have
described Arakelyan and the other youths as political prisoners,
an allegation denied by representatives of the authorities.
No sooner had Arakelyan's defense attorney Mushegh Shushanyan asked
the court to change the measure of restraint applied to his client
as Justice Eva Darbinyan adjourned the meeting, announcing that the
next court sitting will be on Wednesday.
As a result of the amnesty adopted in Armenia last week on the
occasion of the 22nd anniversary of Armenia's independence, up to
600 prisoners will be released, while sentences for about 700 will be
reduced. The act of amnesty applies to those who have final judicial
acts passed on them. Arakelyan will be able to benefit from this bill
if the court at least upholds the six-year prison term passed on the
opposition youth by the lower court. But if his sentence is increased
even by six months, he will remain in prison and may count only on
the reduction of his jail term.
Defense attorney Shushanyan says that refusing to hear the petition
was an arbitrary step from the court, since making petitions is the
right of participants of the trial that must not be restricted.
"We certainly could artificially speed up the process, come to the
court sitting and declare that we had no new petitions and that we were
ready to say something and the court would retire for deliberations
and return with a verdict, after which Tigran would be free. But our
goal is to achieve acquittals of Tigran Arakelyan and the other three
guys. It is not they who are criminals, but those who take illegal
actions against them," the lawyer said, adding that at the next court
hearing they will present the same petition.
The latest amnesty is also likely to be applied to a number of
individuals convicted in high-profile cases in recent years, such
as former head of the Police's Criminal Investigation Department
Hovhannes Tamamyan, who was convicted of ordering murder in exchange
for a bribe, and former Road Police Chief Margar Ohanyan, who was
convicted of particularly large-scale misappropriation of state funds.
If not released, both will at least get their sentences reduced under
the amnesty.
The act also applies to reserve army colonel Volodya Avetisyan,
who began public protests against the government for better social
protection in May and was arrested last month on suspicion of fraud.
Among those who will be able to benefit from the amnesty is also
Artak Budaghyan, who is charged with carrying out an armed assault
against the house of former Syunik Governor Surik Khachatryan in Goris.
But Budaghyan's lawyer has said that his client does not accept the
charge, which means that he will also refuse to be amnestied.
"Amnesty can be applied when a person agrees that it be applied to
him, but Artak Budaghyan, in my opinion, will not agree to that, as
he will demand that the case is examined in court," said Hayk Alumyan.
And Volodya Avetisyan's lawyer Ara Zakaryan told ArmeniaNow that
regardless of whether his client will accept the amnesty or not, the
body conducting the investigation should release him as "even in the
worst-case scenario, even if he is convicted, Avetisyan will have to
be freed from punishment under the amnesty."
"In other words, keeping him in prison today has no legal basis,"
the lawyer emphasized.
From: A. Papazian