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RF PRESIDENT'S SPEAKER VIOLATED THE INTERNATIONAL TREATY SIGNED BY ARMENIA AND THE RUSSIAN FEDERATION
January 22 2015
"RF President's Speaker's statement does not comply with the
requirement of Clause 5 of the international treaty signed by Armenia
and the Russian Federation", assured lawyer Nikolay Baghdasaryan in
the interview with Aravot.am. Note that while people in Armenia are
discussing the issue of whether the trial of heinous murder will
be held by Armenian or Russian legislation, and Gyumri people are
waiting for the Prosecutor General Gevorg Kosyanyan apply to the
Russian General Prosecutor on this matter, the answer to the question
is voiced in Moscow through the mouth of RF President Vladimir Putin's
press spokesperson Dmitry Peskov. "There will be a Russian trial and
for such a monstrous crime, Russian law is absolutely merciless."
The Armenian lawyer substantiates that the Russian laws and
jurisdiction implies exclusively to the cases provided for by Clause
5 of "The Agreement on Matters of Jurisdiction and Mutual Legal
Assistance Relating to the Russian Military Base Stationed in the
Territory of the Republic of Armenia", which is effective between
the Republic of Armenia and the Russian Federation, and details,
"This clause provides that the perpetrator and the one against
whom the offense was committed, these subjects should be serving
in the Russian military base and their family members. If a crime
is committed in the territory of the Russian base, which is not
directed against Russia, but our citizen, this case shall be tried
in given territory by RA legislation and by our government and law
enforcement officials. In this case, the agreement does not grant
territorial immunity to the Russian base. The case is deliberately
messed up by some lawyers to cause such a situation. The case shall be
investigated by Russian law enforcers for several categories, however,
murdering is not among them. If our lawyers had explained this clause
clearly that it is written not in the territory but the legislation
of the Russian Federation implies to specific persons and specific
crimes, while these exceptions do not apply to murder, accordingly,
the person located in given territory is not protected by the Russian
Constitution, such a situation would not have happened. But instead,
an intentional simple thing, which even a university student can
explain, is deliberately distorted. There is no contradiction between
this Agreement and our legislation."
We asked human rights activist Artak Zeynalyan whether the future
course of events is predetermined by the statement of RF president's
press spokesperson, Mr. Zeynalyan stated, "If a person is under the
jurisdiction of the Russian Federation, the case will be investigated
according to the legislation of the Russian Criminal Code. And if the
Russian citizen was detained by us, then the trial would be carried out
by RA laws. The problem here is that the Russian border guards had no
right to detain the perpetrator and not to handover to Armenia's law
enforcement agencies; in this case, regardless of who says this, the
Russian president's press spokesperson or not, it should have been so."
Tatev HARUTYUNYAN
Read more at: http://en.aravot.am/2015/01/22/168503/
From: Baghdasarian
January 22 2015
"RF President's Speaker's statement does not comply with the
requirement of Clause 5 of the international treaty signed by Armenia
and the Russian Federation", assured lawyer Nikolay Baghdasaryan in
the interview with Aravot.am. Note that while people in Armenia are
discussing the issue of whether the trial of heinous murder will
be held by Armenian or Russian legislation, and Gyumri people are
waiting for the Prosecutor General Gevorg Kosyanyan apply to the
Russian General Prosecutor on this matter, the answer to the question
is voiced in Moscow through the mouth of RF President Vladimir Putin's
press spokesperson Dmitry Peskov. "There will be a Russian trial and
for such a monstrous crime, Russian law is absolutely merciless."
The Armenian lawyer substantiates that the Russian laws and
jurisdiction implies exclusively to the cases provided for by Clause
5 of "The Agreement on Matters of Jurisdiction and Mutual Legal
Assistance Relating to the Russian Military Base Stationed in the
Territory of the Republic of Armenia", which is effective between
the Republic of Armenia and the Russian Federation, and details,
"This clause provides that the perpetrator and the one against
whom the offense was committed, these subjects should be serving
in the Russian military base and their family members. If a crime
is committed in the territory of the Russian base, which is not
directed against Russia, but our citizen, this case shall be tried
in given territory by RA legislation and by our government and law
enforcement officials. In this case, the agreement does not grant
territorial immunity to the Russian base. The case is deliberately
messed up by some lawyers to cause such a situation. The case shall be
investigated by Russian law enforcers for several categories, however,
murdering is not among them. If our lawyers had explained this clause
clearly that it is written not in the territory but the legislation
of the Russian Federation implies to specific persons and specific
crimes, while these exceptions do not apply to murder, accordingly,
the person located in given territory is not protected by the Russian
Constitution, such a situation would not have happened. But instead,
an intentional simple thing, which even a university student can
explain, is deliberately distorted. There is no contradiction between
this Agreement and our legislation."
We asked human rights activist Artak Zeynalyan whether the future
course of events is predetermined by the statement of RF president's
press spokesperson, Mr. Zeynalyan stated, "If a person is under the
jurisdiction of the Russian Federation, the case will be investigated
according to the legislation of the Russian Criminal Code. And if the
Russian citizen was detained by us, then the trial would be carried out
by RA laws. The problem here is that the Russian border guards had no
right to detain the perpetrator and not to handover to Armenia's law
enforcement agencies; in this case, regardless of who says this, the
Russian president's press spokesperson or not, it should have been so."
Tatev HARUTYUNYAN
Read more at: http://en.aravot.am/2015/01/22/168503/
From: Baghdasarian