On December 21, 2023, Avetik Chalabyan, a controversial political activist, was sentenced to 2.5 years of limited freedom for organizing rallies and participating in other public gatherings. He was also accused of violating the rights to residence and inciting violence against students involved in rallies in 2022.

The “Armenian Helsinki Committee” and the “Center for Civil Liberties” have criticized the trial and verdict, claiming that it is politically motivated and does not align with internationally recognized human rights standards upheld by the Republic of Armenia.

The core issue lies in the legislation used against Chalabyan. The charge of inciting violence is not tied to any legal obligation or negligence and could potentially undermine financial support for the protests, as stated.

It is worth noting that the grounds for the violation leading to Chalabyan’s trial have been submitted to the Venice Commission and the HCAV/EC-001 for expert opinions. These consultations have only questioned the mandatory participation in protests or restrictions on the rights of supporters, but have not addressed the need for regulating unauthorized protests. The absence of such regulation raises concerns about limitations on human rights and freedoms.

The dependency of the judiciary authority in Armenia on the executive authority has undermined the independence of rights and freedoms, particularly in light of the consequences of cases like Chalabyan’s.

The lawsuit against Chalabyan, which fails to meet international standards, is being executed in a blatantly repressive manner. It is sometimes used as a tool to hold accountable political activists who are not directly linked to the actions of the CPP coalition, while other times, it is not applied in cases involving supporters of the CPP coalition, as seen in the 2023 Yerevan mayoral elections.

The Armenian Helsinki Committee and the Center for Civil Liberties assert that the lawsuit against Avetik Chalabyan is politically motivated.

Recommendations:

• The government of the Republic of Armenia and the National Assembly should suspend the implementation of Article 236 of the RA Criminal Code, which violates the requirements of the International Covenant on Civil and Political Rights.
• A complaint should be submitted regarding the commission’s work and the proposed changes, highlighting the fact that they have only addressed the rights and freedoms of rally participants within the context of the Convention.
• Resuming dialogue with the Venice Commission and the HCAV to obtain expert opinions, considering the existing problems and aiming for legal regulation of protests.
• Restarting roundtable discussions to ensure effective measures are in place to protect and promote the rights and freedoms of protest participants who are not directly connected to the provisions of the law.

News from Armenia –

NEWS.am