YEREVAN (A.W.)—“At the moment, my mind is blank. I have only one thought—that everything must be done to prove my son Tigran’s innocence,” Syunik Governor Suren Khachatryan told a journalist on June 13.
Tigran, 19, is reportedly being held at the Nubarashen penitentiary. He and his father’s bodyguard, Zarzand Nikoghosyan, were arrested following the murder of former mayoral candidate Avetik Budaghyan, 43, on June 1. They have been charged with murder (under Article 104 section 2 of Armenia’s criminal code) and the illegal possession of weapons (Article 235 section 1).
Governor Khachatryan, whose name has been linked with violent incidents in the southern province, applied to leave his post until the conclusion of the preliminary investigation, although the law does not allow that. The government accepted his resignation on June 6.
The shooting also left Artak Budaghyan, the brother of the deceased and a commander of a Karabagh army battalion, seriously injured. He was shot three times according to his doctors. Nikolay Abrahamyan, a relative of Governor Khachatryan and one of his bodyguards, also suffered injuries.
“[Budaghyan] was armed and he attacked. [My son] defended himself,” the governor told a reporter.
During the night of the incident, the Budaghyan brothers were reportedly at a lakeside party attended by dignitaries including Karabagh President Bako Sahakyan; Governor Khachatryan and his entourage were also there. An argument between Khachatryan and Avetik Budaghyan that night has been cited as the reason behind the shooting.
Governor office interprets events
On June 5, the governor’s office published a version of the events to, as it claims, set the record straight and counter “doubtful” accounts of what happened—accounts that aim to “distort reality,” “mislead the public,” and build tensions in Syunik and, specifically, Goris.
According to officials at the governor’s office who reviewed the security tape from June 1, his two sons came home at 10 p.m. in separate cars; the governor himself returned at 10:16 p.m., and does not appear in the tape thereafter. At 10:36 p.m., Avetik Budaghyan drove up to the house. The two sons, their driver, and two bodyguards approached him. They talked for 2-3 minutes; tensions ran high. The governor’s wife, Loretta Barseghyan, walked over, and soon Budaghyan drove away. At 11:06 p.m., Budaghyan returned to the house. The same five men and Loretta approached him again. A few minutes later, a second car approached. Commander Artak Budaghyan got out of the car and according to the governor’s office—opened fire on the group. The group dispersed, while Loretta moved towards Artak Budaghyan and grabbed his gun, in an effort to either take it away or prevent him from shooting. Budaghyan managed to get away from Loretta. Avetik Budaghyan then attempted to stop his brother, but both fell over. Avetik, visibly hurt, stood up. Nikolay Abrahamyan, the governor’s bodyguard, jumped him from behind and took away his gun. Avetik then pulled out another gun and fired at Nikolay, who fell to the ground and stayed there. Avetik tried to move up the driveway, but shots were fired at him; the shooters, however, weren’t captured on tape. Avetik pulled back, fired one more shot towards the gate, and fell to the ground. (The governor’s office fails to mention here that Avetik Budaghyan, it appears, was shot in the back.) During this entire time, Artak Budaghyan remained on the ground. By 11:30 p.m., the injured were taken to the hospital.
To view footage from the security cameras published by A1+, visit http://www.youtube.com/watch?v=NTy4AYsMhfU.
Justice denied ushers in more violence
In the interim, former Deputy Governor Ara Dolunts has been appointed as acting governor. The Armenian media has responded to the governor’s temporary leave—and the possibility of a fair trial—with cynicism.
“Suren Khachatryan doesn’t picture himself holding a different position and he is hoping that, after the conclusion of the preliminary investigation and after he presents the incident as a case of self-defense, he is once again going to get away with it,” wrote Jamanag Daily on June 13.
ARF-Dashaktsutyun Parliamentary faction leader Armen Rustamyan has attributed the violence to the failures of the justice system, which by its very failure encourages citizens to take justice into their own hands. “There is an environment of impunity in the Syunik Province, and naturally this is not the first time that we hear of such things,” Rustamyan was quoted as saying. “There is no end in sight for this, because a real justice system is yet to be established, so that people can resolve their disputes in a lawful manner.” Speaking in parliament on June 14, he urged his colleagues to follow the case closely so that the guilty can be brought to justice.
I watched the video footage and all politics aside, the decedent was clearly the aggressor. As an attorney, I’d say the accused has an excellent self defense claim here. If you show up at someone’s house and start firing your gun at them, you should expect to be fired back.
I agree: the decedent was not on his own property. He had proactively gone to someone else’s property and went armed. He was clearly shown to be pursuing someone with gun drawn: he was not backing away and defending himself while trying to get away from the location.
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However, though I am not an attorney and do not know the self defense law in RoA, the decedent was shot in the back. That warrants some kind of homicide charge: not sure if 2nd, or 3rd degree murder or voluntary manslaughter.
In _most_ States of the US you are not allowed to shoot someone in the back and claim self defense. Although I believe some States allow you to shoot to kill to protect your and (even neighbors) property (…without the benefit of the usual “in fear of my life”).
[see below].
http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy
Lawyer Armen,
This thug, called Suren Khatchatryan, has other criminal accomplishments on his name. Look at this link of AW:
http://armenianweekly.com/2012/01/27/to-maim-and-kill-with-impunity/
As long as Armenia is ruled by animal-like creatures like this, Armenia will never enjoy prosperity and the rule of law.
Well said, Arshag. Some among us narrowly focus on who started what at the particular instance. The real tragedy in this case is the bigger picture: the utter lack of trust among the people in their country’s justice system. Even before the investigation starts, they know it will be a joke. Which of course is the government’s failure, as its every government’s job to have a system that people will trust in.
This case with Syunik’s governor demonstrates an important constitutional change that needs to occur in Armenia. That is, governors need to be elected rather than appointed by Yerevan. If the people cannot change the president, they can at least push for changes in the law, and this is one change that is overdue. In fact, each marz should be made into a nahang (province) that has its own laws (subject to Yerevan’s laws, of course). Armenia shall be a federation once again, as it has been throughout history. Ancient and medieval Armenia consisted of self-governing nahangs ruled by nakharars, who were not appointed by the king. They paid taxes to the king and provided soldiers, but otherwise were self-governing. The problem was that there was no democracy back then, so the governors were not elected by the people based on merit but inherited the title, and sometimes the wrong man inherited the office. Coupled with democracy, Federalism will provide Armenia with unprecedented strength, as shown by the examples of the United States, Switzerland, Australia, and Germany.
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I have always advocated for modeling Armenia’s constitution after those of successful democracies, such as the United States. Making each marz a federal nahang (province) is one important feature of such a successful democracy. If the people cannot push for a wholesale constitutional change, they should push for important individual changes, and this is a critical one.
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Federalism will solve several problems in Armenia. First, it will make it harder to falsify elections, and will therefore strengthen the democracy. After all, Yerevan will now need to falsify nine elections (for the nine nahangs) instead of just one. Second, it will solve the extreme poverty issue in the provinces. Instead of Yerevan deciding how each province should be governed, the people in each province will decide what laws to pass to stimulate the economy and attract investment. Third, it will make Armenia’s territorial expansion much simpler from an administrative point of view: just admit a new province into the federal union (as in the U.S.).
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For those who think Armenia is too small for federalism, Switzerland is about the size of Armenia plus the NKR (with liberated territories). The country has 26 completely self-governing cantons (each with its laws and elected officials). If Switzerland can handle 26 cantons, Armenia can handle 9 nahangs.
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For those concerned that it will break-up the country, in a democratic system the people would never let it happen, because it’s not in their best interests. Armenians are no less patriotic than the Americans, the Swiss, the Germans, or the Australians.
Vahagn,
I like your ideology for Armenia, the only thing that I am concern, if a Nakharar like Syunik Governor who decided to sale land to neighboring country, where this uneducated man had some influence and wanted to rent out Syunik’s Marz, pasture land to Iranian Turks, then what would be the position of Armenian “King” or President??
Good question, GB. That scenario could never happen in a democratic Armenia, because the people of Syunik would not let it happen. The nahang’s legislature, not the governor, would have the authority to authorize the lease of state-owned land, and the elected members of the nahangayin legislature would not do that, because they would be voted out by the people. And if it were a private land, it would be up to the landowner, not the governor, to lease it out. The governor would know that if he tried it, he would be voted out. And finally, as in the United States, the central/federal government in Yerevan would have the authority to regulate and restrict transactions with foreign entities. At the very least, the National Council would have the authority to restrict travel by citizens of certain countries.
Now, your scenario could and did happen in ancient Armenia, because, in the absence of democracy, the nakharars did whatever they wished without considering the opinion of the people. If Ancient Armenia was a U.S.-style democracy, there would be no Turkey now.
And by the way, your scenario is happening right now in Armenia, and it is the “King”/President with his oligarchs who allow Iranian Turks to buy properties in Yerevan. And the reason that they do it is because, in the absence of democracy, they are not concerned about being voted out. That is how Armenia is being pushed towards extinction for every day that the establishment of a democracy is delayed in that country.
Vahagn
“If Ancient Armenia was a U.S.-style democracy, there would be no Turkey now.”
This is another discussion track, but was there a “U.S. style democracy” anywhere in the world then?
No, Arshag, there was not. Saying “If X, then Y” does not mean that X was possible in the first place. And I hope that sometimes posters get my dry humor, as, after all, we all are Armenians.
I was not accusing ancient Armenians of not having a U.S. style democracy, because they did not have that option. However, that excuse is not available to the modern Armenia. Now, there is a U.S. style democracy, it has been around for 200 years, and it has proven to be the longest surviving current republic, the stablest republic, and the strongest one. And thousands of Armenians choose to move there permanently. It would make sense to at least try it.