LAWYERS CLAIM PROCEDURAL VIOLATIONS IN "COUP PLOTTERS" CASES
By Astghik Bedevian

Radio Liberty, Czech Republic
June 15 2007

Legal representatives of Karabakh war veterans charged with plotting
a coup claim their clients should have been released from pre-trial
detention after its term legally expired early this week.

Zhirayr Sefilian and Vartan Malkhasian were arrested and charged with
calling for a "violent overthrow" of government in early December. A
lower court had set the term for their pre-trial detention until
June 10.

Now Vahe Grigorian and Mushegh Shushanian claim their clients have
been kept in custody since then illegally as the term of their arrest
has not been prolonged by court.

They criticized the legal practice of Armenian law-enforcers and
claimed their actions contradict the European Convention on Human
Rights and the national legislation.

"It turns out that people are, in fact, kept in custody without any
court sanction," Grigorian said. "Similar situations have become a
tradition in Armenia’s penitentiaries and Armenian courts do not pay
any attention to this circumstance."

The two lawyers have sent letters to Armenia’s prosecutor-general
and justice minister pointing out the procedural violations.

Spokesperson for the Prosecutor-General’s Office Sona Truzian told
RFE/RL that they do not see anything unlawful in the actions of the
law-enforcers as they were guided by the provision of the code of
criminal procedure according to which the term of pre-trial detention
ends upon the judge’s accepting the case for proceedings.

No one at the Ministry of Justice could provide clear explanations
over the lawyers’ assertions.

A Yerevan lower court on Friday confirmed that prosecutors had
submitted the cases of Sefilian and Malkhasian within the time
stipulated by law.

Mnatsakan Petrosian will be the judge in the proceedings. It is yet
unknown when the proceedings will begin. Information on this regard
is expected to be announced early next week.

The prosecution, meanwhile, has subpoenaed 30 witnesses to be
involved in the trial of Sefilian, who is also charged with an illegal
possession of arms.

According to Sefilian’s lawyer, this shows the prosecutors’ desire
to protract the trial as the process can do without so many witnesses.

"The National Security Service has the video and audio records of the
meeting during which Sefilian allegedly made calls for overthrowing
the government," Grigorian explained.