Reasons advanced for
which these persons concerned could be regarded as a political prisoner:
Mr. Gagik
Jhangiryan is a well known and influential person especially in the Judiciary
and Military Circles. Apparently his support of the opposition as well as his professional
skills and institutional knowledge were considered by Authorities as highly
dangerous.
Mr. Gagik Jahangirian
was arrested along with his brother Vartan Jahangiryan and two other companions on Saturday
23.02.08 just hours after being sacked by President Robert Kocharian. A car carrying the two men was ambushed and violently stopped by about
40 masked men in black, without any insignia, just outside Yerevan. The police said they were carrying
illegal arms.” Vartan Jahangiryan was shot and seriously wounded by a police
officer during the arrest in still unclear circumstances. The police say the
shooting was accidental. Vartan Jahangiryan is accused of putting up resistance
to law-enforcers. Here we must underline that Vartan Jhangiryan have very
serious illness of spine, recently has undergone a special treatment, at the time of arrest was
in medical corsetand moved with
difficulty, often only with the help of others.
The sacking
of Gagik Jhangiryan came the day after the former chief military prosecutor
delivered a speech at a Ter-Petrosyan rally in Yerevan in which he called the official
results of the February 19 presidential election fraudulent and said the
ex-president is the rightful winner of the vote. During his speech he also
mentioned that there are new evidences in the case of October 1999
assassinations in Armenia’s parliament, when 8 prominent politicians including
Karen Demirchyan, Speaker of the National Assembly and Vazgen Sargsyan, Prime
Minister, were killed, which can spread light on the real cause of that tragic
events. It must be mentioned that any reference to that assassination is very
painful and disturbing for those who are in power now in Armenia.
After the arrest Jahangirian was visited in custody by Ms. Zaruhi Postanjian, a
well-known lawyer and parliament deputy affiliated with the opposition
Zharangutyun party, speaking to RFE/RL, condemned the case against the former
prosecutor as “political persecution.”
After four months investigators of the criminal case in
connection with the mass disturbances of March 1-2 have dropped the charge of
‘illegal arms possession’ against former
Deputy Prosecutor-General Gagik Jahangirian, but on June 13 added to his
indictment a graver charge of ‘usurpation of power’ that also includes putting
up resistance to law-enforcement officers. Jahangirian’s lawyers express their
perplexity over the circumstance that it took the investigation body four
months to admit that the gun carried by Jahangirian was in fact legal. They say
this decision is one more evidence that Gagik Jahangirian is “being a victim of
political persecution for having a speech at an opposition rally.”
Later, on On August 13 charges in accordance with this Article 300 were dripped by
the accusing side.
The hysterically prompt arrest of
Jhangiryan was done with numerous violations of Criminal Procedural and
Criminal Codes, other Laws of RA and principles of Human Rights Law:
Thus, for example:
-His
dismissal from his post of Deputy General Prosecutor and stripping of his Rank
of the First Grade State Counselor of Justice immediately after his public
speech at opposition meeting was done with violation of appropriate laws and
procedures, and currently is being contested in the Administrative Court.
-Jhangiryan
brothers were taken into custody on the basis of oral order of the chiefs of
6th drpartment and special forces of the Ministry of Interior.
-Arresting officers didn’t
announce their identity and didn’t explain the reason of the arrest, which
apparently arose after the arrest and the search of Jhangiryan’s car.
-The use of arms by police
during the arrest was obviously disproportionate, since there wasn’t any
resistance: Mr. Vartan Jhangiryan due to his health was even unable to resist,
such charge against Gagik Jhangiryan has appeared much later,
-Furthermore, Jhangiryan
brothers were severely beaten as soon as they were brought to the Police, they
received numerous injuries, but regardless the demand of Gagik Jhangiryan,
forensic medical examination has not been conducted and the fact of beating was
not registered
-Charges, which were afterwards
announced as a basis for the arrest, were from the very beginning and obviously
ungrounded, since Mr. Jhangiryan lawfully possess arms and those who gave an
order to charge him for the illegal possession of arms, as well as those who
executed that order were perfectly well aware of that fact
-Charges
were officially presented to Jhangiyan brothers with the violation of time
deadline envisaged by Law for four hours.
-By
dropping those charges which were announced as the reason of Gagik Jhangiryan
detention, Law enforcement authorities confirmed there wrongdoing.
-Jhangiryans
were arrested without the required order.
-Vartan
Jhangiryan is facing charges under CC RA Article 316, Violence against a representative
of authorities, while it is proved that at the moment of the arrest he was
unable to move without help.
-Vartan
Jhangiryan was left bleeding without medical assistance for about two hours
after he was brought to Police which is a clear example of inhuman treatment
aimed at exerting pressure on suspects, particularly on Gagik Jhangiryan.
-During
the all period of pre-trial detention Mr. Gagik Jhangiryan has never been
tried, no proves of his guilt were presented.
-Accusation accordance to the
Article 316 is based solely on the testimony of the Police.
-All motions of defence lawyers
concerning the alteration of the restraint measure were rejected by the court without substantively
grounded formal and legal reasons.
All these
and many other facts prove that the arrest Mr.Gagik Jhangiryan was commissioned
by Authorities and is politically motivated. Vartan Jhangiryan simply appeared
to be in the wrong place at the wrong time.