Kocharyan sues Pashinyan for slander, while Karapetyan sues over 150 others
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—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 three million drams (about $7,800), while defamation may cost as much as six million drams (about $15,600).
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 proven guilty 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 Russian security services and “robs the Armenian people.” Karapetyan demands that they retract their accusations and each pay nine 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 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 engaging 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 President Robert Kocharyan filed a lawsuit against Speaker of Parliament Alen Simonyan, asking him to apologize and retract “false” statements that “tarnish Kocharyan’s dignity and reputation.” Kocharyan filed a second lawsuit, after Simonyan mocked the initial one.
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 many judges in Armenia still fear reprisals if they rule against Pashinyan’s wishes—a fact the prime minister himself acknowledged in 2018 in a rare moment of candor. This casts 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 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 too should appeal to the European Court of Human Rights.
What Pashinyan is doing, is a tactic commonly used by dictators. By verbally attacking, swearing, insulting and slandering opponents and anyone who disagrees with him, he tries to dehumanize them and isolate them. This type of targeting is often the first phase used by dictators in order to neutralize their opponents. The second phase involves bogus charges against their opponents, with show trials and long prison sentences or life sentences after their “conviction”. In more extreme cases, their opponents are sentenced to death, or are eliminated outright (extrajudicial killing) without a bogus charge and a show trial. All of Armenia’s neighbors employ these tactics, and its eastern and southern neighbors often employ the most extreme tactics (Iran with state sanctioned death sentences, and Azerbaijan with extrajudicial killings, since it doesn’t have the death penalty). Armenia is undeniably heading the way of Turkey and Georgia, where opponents are silenced via show trials and long prison sentences or life sentences (since both countries don’t have the death penalty, like Armenia). Those who don’t see that Armenia is heading that way, are like blind kittens, and those who deny it, are delusional.