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The Gyumri killings: Beyond the Legal Arguments
By Houry Mayissian on January 20, 2015
Special for the Armenian Weekly
More than a week since the Gyumri killings, the city and Armenia at
large are still struggling to come to terms with the heinous crime
that wiped out an entire family. As the massacre's youngest victim,
six-month-old Seryozha Avetisyan succumbed to his injuries on Monday,
many questions remain unanswered; chief among them - what happens to
the culprit?
A requiem sevice in memory of six-month-old Seryozha Avetisyan took
place in Gyumri on Jan. 20. (Photo: Photolure/Hayk Baghdasaryan)
Valery Permyakov, a Russian soldier stationed at the 102nd Russian
Military Base in Gyumri, is said to be responsible for the multiple
killings. Permyakov was captured by Russian border guards trying to
flee across the Armenian-Turkish border and remains in Russian custody
to this day.
Immediately after the tragic event, angry protests broke out in
Gyumri, demanding that Permyakov be handed over to the Armenian
justice system. However, announcements made by Russian and Armenian
officials indicate that this is unlikely to be the case.
A statement by Armenia's Office of the Prosecutor General first cited
the Russian Constitution that bars the extradition of a Russian
citizen to a foreign country. Questions about how and why Permyakov
appeared and remains in Russian custody aside, it is incomprehensible
why a representative of Armenia's justice system would refer to the
Russian Constitution in relation to a crime committed on Armenian
soil.
Facing mounting pressure from the public while in Gyumri, Prosecutor
General Gevorg Kostanyan then gave assurances that Permyakov will be
tried in Armenia but shied away from promising that he will be
prosecuted in an Armenian court. The best he could offer protestors in
Gyumri was a promise to appeal to his Russian counterpart asking for
Permyakov's handover. It is unclear what steps Kostanyan has taken
since.
The 1997 bilateral treaty between Russia and Armenia that established
the terms under which the Russian 102nd military base is stationed in
Gyumri, states that soldiers who commit crimes outside the confines of
the base are subject to Armenian law. The same treaty upholds Russian
jurisdiction over crimes committed within Russian military facilities
in Armenia, a clause that has been cited as one justification for not
handing over Permyakov, given that the latter also deserted his base
just before allegedly committing the crime.
In essence, however, the criminal's handover is not about what legal
frameworks apply and which loopholes can be exploited. It is about
Armenia's leadership (finally) speaking out for its people; it is
about respect between two nations; it is a matter of pride, dignity
and justice for a nation too often overlooked by its own government
and too often coerced by its more powerful neighbor.
In essence, however, the criminal's handover is not about what legal
frameworks apply and which loopholes can be exploited. It is about
Armenia's leadership (finally) speaking out for its people; it is
about respect between two nations; it is a matter of pride, dignity
and justice for a nation too often overlooked by its own government
and too often coerced by its more powerful neighbor.
While the country mourns, protests and demands answers, the silence of
its leaders has been deafening. Save for a few meagre announcements
that expressed condolences and urged restraint, the President, the
government, the political parties have, by and large, been silent;
silent and absent.
There has been no condemnation, no outrage, no genuine sympathy.
Attempts to declare a national day of mourning have been dismissed.
And when the people of Gyumri bid farewell to the Avetisyan family at
a sombre funeral service, there was no one standing by their side to
share their pain and to assure them that Armenian citizens are safe in
their homeland, that answers will be provided, that this won't happen
again in a city that has already suffered so much loss.
If the intent of the silence has been to not upset Russia, ironically
it has proved counter-productive as evidenced by the protests held
outside the Russian diplomatic representations in Yerevan and Gyumri
as well as the Military Base itself. If it has simply been a matter of
incompetence, then sadly, that's a tragedy of its own.
The Armenian government needs to speak up for its people. Rather than
citing the Russian constitution, it has to do everything in its power
to ensure Permyakov's handover. Rather than curbing protests, it
should provide the people with a sense of security and assurances that
justice will be served. Whatever the end result may be, the people of
Armenia need to know that their government made every effort possible
on their behalf.
The Russian government too has a role to play. At this point in time
in particular, it needs to demonstrate respect for the wishes of a
deeply wounded nation, an ally and neighbour, and hand over the
soldier responsible for the killings without any further delay.
The Russian government too has a role to play. At this point in time
in particular, it needs to demonstrate respect for the wishes of a
deeply wounded nation, an ally and neighbour, and hand over the
soldier responsible for the killings without any further delay.
It is not the first time that a citizen of one country is found guilty
of committing a crime in the other. In July 2013, Hrachya Harutyuyan,
a citizen of Armenia working as a truck driver in Russia, crashed his
vehicle into a bus, resulting in the unfortunate death of 18 people.
Shortly after his arrest, Harutyunyan was brought before a Russian
courtroom dressed in women's clothing, the humiliating photos causing
much anger in Armenia. Harutyunyan is currently serving a six-year
prison sentence in Russia. It is impossible to not compare the action
and reaction in each case.
No, the handling of the Permyakov case is not about jurisdiction. For
the people of Armenia, it is about instilling justice and restoring
the dignity of Armenia. It is about ensuring that Armenia's
relationship with Russia be based on mutual respect and understanding
- not merely on a cold calculation of national interests.
http://armenianweekly.com/2015/01/20/gyumri-beyond-legal-arguments/
By Houry Mayissian on January 20, 2015
Special for the Armenian Weekly
More than a week since the Gyumri killings, the city and Armenia at
large are still struggling to come to terms with the heinous crime
that wiped out an entire family. As the massacre's youngest victim,
six-month-old Seryozha Avetisyan succumbed to his injuries on Monday,
many questions remain unanswered; chief among them - what happens to
the culprit?
A requiem sevice in memory of six-month-old Seryozha Avetisyan took
place in Gyumri on Jan. 20. (Photo: Photolure/Hayk Baghdasaryan)
Valery Permyakov, a Russian soldier stationed at the 102nd Russian
Military Base in Gyumri, is said to be responsible for the multiple
killings. Permyakov was captured by Russian border guards trying to
flee across the Armenian-Turkish border and remains in Russian custody
to this day.
Immediately after the tragic event, angry protests broke out in
Gyumri, demanding that Permyakov be handed over to the Armenian
justice system. However, announcements made by Russian and Armenian
officials indicate that this is unlikely to be the case.
A statement by Armenia's Office of the Prosecutor General first cited
the Russian Constitution that bars the extradition of a Russian
citizen to a foreign country. Questions about how and why Permyakov
appeared and remains in Russian custody aside, it is incomprehensible
why a representative of Armenia's justice system would refer to the
Russian Constitution in relation to a crime committed on Armenian
soil.
Facing mounting pressure from the public while in Gyumri, Prosecutor
General Gevorg Kostanyan then gave assurances that Permyakov will be
tried in Armenia but shied away from promising that he will be
prosecuted in an Armenian court. The best he could offer protestors in
Gyumri was a promise to appeal to his Russian counterpart asking for
Permyakov's handover. It is unclear what steps Kostanyan has taken
since.
The 1997 bilateral treaty between Russia and Armenia that established
the terms under which the Russian 102nd military base is stationed in
Gyumri, states that soldiers who commit crimes outside the confines of
the base are subject to Armenian law. The same treaty upholds Russian
jurisdiction over crimes committed within Russian military facilities
in Armenia, a clause that has been cited as one justification for not
handing over Permyakov, given that the latter also deserted his base
just before allegedly committing the crime.
In essence, however, the criminal's handover is not about what legal
frameworks apply and which loopholes can be exploited. It is about
Armenia's leadership (finally) speaking out for its people; it is
about respect between two nations; it is a matter of pride, dignity
and justice for a nation too often overlooked by its own government
and too often coerced by its more powerful neighbor.
In essence, however, the criminal's handover is not about what legal
frameworks apply and which loopholes can be exploited. It is about
Armenia's leadership (finally) speaking out for its people; it is
about respect between two nations; it is a matter of pride, dignity
and justice for a nation too often overlooked by its own government
and too often coerced by its more powerful neighbor.
While the country mourns, protests and demands answers, the silence of
its leaders has been deafening. Save for a few meagre announcements
that expressed condolences and urged restraint, the President, the
government, the political parties have, by and large, been silent;
silent and absent.
There has been no condemnation, no outrage, no genuine sympathy.
Attempts to declare a national day of mourning have been dismissed.
And when the people of Gyumri bid farewell to the Avetisyan family at
a sombre funeral service, there was no one standing by their side to
share their pain and to assure them that Armenian citizens are safe in
their homeland, that answers will be provided, that this won't happen
again in a city that has already suffered so much loss.
If the intent of the silence has been to not upset Russia, ironically
it has proved counter-productive as evidenced by the protests held
outside the Russian diplomatic representations in Yerevan and Gyumri
as well as the Military Base itself. If it has simply been a matter of
incompetence, then sadly, that's a tragedy of its own.
The Armenian government needs to speak up for its people. Rather than
citing the Russian constitution, it has to do everything in its power
to ensure Permyakov's handover. Rather than curbing protests, it
should provide the people with a sense of security and assurances that
justice will be served. Whatever the end result may be, the people of
Armenia need to know that their government made every effort possible
on their behalf.
The Russian government too has a role to play. At this point in time
in particular, it needs to demonstrate respect for the wishes of a
deeply wounded nation, an ally and neighbour, and hand over the
soldier responsible for the killings without any further delay.
The Russian government too has a role to play. At this point in time
in particular, it needs to demonstrate respect for the wishes of a
deeply wounded nation, an ally and neighbour, and hand over the
soldier responsible for the killings without any further delay.
It is not the first time that a citizen of one country is found guilty
of committing a crime in the other. In July 2013, Hrachya Harutyuyan,
a citizen of Armenia working as a truck driver in Russia, crashed his
vehicle into a bus, resulting in the unfortunate death of 18 people.
Shortly after his arrest, Harutyunyan was brought before a Russian
courtroom dressed in women's clothing, the humiliating photos causing
much anger in Armenia. Harutyunyan is currently serving a six-year
prison sentence in Russia. It is impossible to not compare the action
and reaction in each case.
No, the handling of the Permyakov case is not about jurisdiction. For
the people of Armenia, it is about instilling justice and restoring
the dignity of Armenia. It is about ensuring that Armenia's
relationship with Russia be based on mutual respect and understanding
- not merely on a cold calculation of national interests.
http://armenianweekly.com/2015/01/20/gyumri-beyond-legal-arguments/