Trial of Vahagn Chakhalyan Has Resumed after a Two-Month Break

PRESS-RELEASE
"YERKIR", UNION OF NON-GOVERNMENTAL ORGANIZATIONS FOR REPATRIATION AND
SETTLEMENT

Contact: Robert Tatoyan,
Tel. +(374 10) 46 50 21; +(374 94) 36 17 93
E-mail: [email protected]
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January 31, 2009
Yerevan, Armenia

THE TRIAL OF JAVAKHETI ARMENIAN POLITICAL ACTIVIST VAHAGN CHAKHALYAN HAS
RESUMED AFTER A TWO-MONTH BREAK

On January 29, 2009 the hearing of the case of Vahagn Chakhalyan – the
Javakheti Armenian political activist and the leader of the `United Javakhk’
Democratic Alliance’ Political Movement resumed after almost two-month
break. The court hearings were held on January 28 and January 29 in
Akhaltskha town of Samtskhe-Javakheti region of Georgia.

The represtnatives of «Yerkir» Union who monitored the trial observed the
following facts:

1. Vahagn Chakhalyan declared a hunger strike in the courtroom to protest
against the arrests by the Georgian authorities of the two public activists
of the Armenian community in Akhaltskha – Grigor Minasyan and Sergey
Hakobjanyan.

2. Since the accused Vahagn Chakhalyan, his father and brother, as well as
their advocate Stepan Voskanyan do not speak Georgian, the court provided an
interpreter. The interpretation, however, was extremely inaccurate with
recurrent pauses and omissions of crucial parts. The judge Tsira Maisuradze
further complicated the interpretation, as she didn’t bother herself to make
breaks in her speach at reasonable intervals to facilitate the consecutive
interpretation.

3. The Georgian legislation bans video and audio recording, as well as
making photos in the courtroom. In the meantime, video or audio recordings
of the court hearings might guarantee against possible falsification of the
court records by the Georgian authorities.

4. The French advocate of the Chakhalyans family – Patrick Arabian was not
present at the hearings. The Georgian authorities artificially delay his
registration, although all the necessary documents had been submitted to the
Ministry of Justice on January 13.

5. During the court hearing on January 29 it turned out that Vahagn
Chakhalyan was not provided with the Armenian translation of the indictment
after the new charges had been brought against him on December 3, 2008.
Nevertheless, the judge did not adjourn the hearing, promising to provide
the translation of the indictment afterwards.

6. The judge dismissed the petition of the defense for a forensic
dactyloscopic examination of fingerprints on the weapon allegedly found in
the house of Vahagn Chakhalyan and the office of the Youth Sports and
Culture Union of Javakheti on the grounds that over six months have passed
since the `revelation’ of the weapon, and the fingerprints have become
indistinguishable. The objection of the defense, claiming that the mentioned
examination should have been done by the police immediately after the weapon
was `found’, and that the advocates had petitioned for conducting the
examination three months ago, remained unanswered.

7. On January 29 during the court hearing Vahagn Chakhalyan made a political
statement (the text is attached). The judge interrupted the statement
several times, on the ground that it was irrelevant to the case.

8. Not a single witness was present at the court hearing on January 28. Only
some of them sent letters confirming their testimony given during the
preliminary investigation and said that they didn’t want to be present at
the court hearings. The judge wanted then to proceed immediately to
questioning the defendants and only after the persistent objection of the
defense she was forced to give in and adjourn the hearing for one day.

9. Only two complainants and two witnesses appeared before the court on
January 29. The court considered the circumstances of the mass protest of
the Armenian population of Akhalkalaki held on March 11, 2006, which is one
of charges against Vahagn Chakhalyan.

10. After questioning the complainants and the witnesses the judge adjourned
the trial until February 11.

The facts observed during the monitoring of the trials on January 28 and 29,
in particular
– The delay in registration of the French advocate Patrick Arabian,
– Тhe fact that no forensic dactyloscopic examination of the fingerprints on
the weapon allegedly found in the house of Vahagn Chakhalyan and the office
of the Youth Sports and Culture Union of Javakheti was implemented by the
police and the dismissal of the petition of the defense for making a
forensic examination of the fingerprints,
– The failure of the witnesses to appear before the court and the attempt of
the judge to continue the trial in their absence,
once again prove the fact that the processes that took place in the
courtroom had nothing to do with justice, but are a judicial realization of
a political order given by the Georgian authorities.

Yerkir Union once again appeals to the corresponding international
structures and human rights organizations calling them:
– to monitor the trial of the political activist and the members of his
family,
– to recognize Vahagn Chakhalyan, the members of his family, as well as
other Armenian public activists arrested in Georgia as political prisoners,
– to urge the Georgian authorities to stop the repressions of the Armenians
that populate the Samtskhe-Javakheti Region, and to release all the
Javakheti Armenian political prisoners.

The indifference of the international community towards the processes that
today take place in Samtskhe-Javakheti Region allow the Georgian authorities
to redouble in practice the repressions of the Armenian population,
escalating the atmosphere of fear and discontent, which may bring to
uncontrollable consequences of destabilization.

Appendix:
THE STATEMENT OF VAHAGN CHAKHALYAN,
LEADER OF THE `UNITED JAVAKHK’ DEMOCRATIC ALLIANCE’ POLITICAL MOVEMENT

28 January 2009

Since the day of its establishment the `United Javakhk’ Democratic Alliance’
political movement, of which I am the leader, has been seeking solutions to
the problems of the Javakheti and Georgian Armenians on the whole.

There used to be and there still are a lot of problems to face. The Georgian
authorities undertake successive actions to encourage the immigration of the
Javakheti Armenians and to change the ethnic picture of the region. Thus,
70% of the students at the State University in Akhalkalaki are ethnic
Georgians. Moreover, a Georgian orphanage is established and a big prison is
being built in Ninotsminda, attempts to georgianize the Armenian churches
are made, new Georgian monasteries are constructed, etc. In Javakheti there
is no alternative to using the Georgian language, which is imposed at all
levels of social life. The Javakheti Armenians are refused the right to
establish an Armenian language based university.

After the murder of the ethnic Armenian – Gevorg Gevorgyan in Tsalka region
on March 9, 2006, his relatives and friends organized a protest action,
which was forcefully broken up by the police. This caused a well-grounded
discontent of the Javakheti Armenians. The `United Javakhk’ Democratic
Alliance’ placed itself at the head of this wave of protests.

After each protest action I, as a leader of the `United Javakhk’ Democratic
Alliance’, had a meeting with the Georgian authorities. The latter kept on
promising to solve the problems regarding the Javakheti Armenians, however,
the promises remained unfulfilled. The authorities advised us to refrain
from mass protest actions and to pursue our objectives through participation
in elections and other democratic processes.

The `United Javakhk’ Democratic Alliance’ followed this advice. In October
2006 we took part in the elections to the local self-administration bodies,
however blatant falsifications of the voting results by the authorities
deprived the `United Javakhk’ Democratic Alliance’ of the opportunity to
have any visible participation in the local self-administration bodies. The
protest action organized by the `United Javakhk’ Democratic Alliance’ was
put down by police by means of provocation and use of force.

Throughout the year 2007 the Georgian authorities had been undertaking
successive actions to liquidate the `United Javakhk’ Democratic Alliance’
and to ensure my political isolation and neutralization. The culmination of
these actions became the events that took place in July 17-21, 2008.

Today, 6 months after my imprisonment, the Georgian authorities charge me
with organizing protest actions in Akhalkalaki in 2006, – the actions by
means of which the Javakheti Armenians voiced the problems and issues they
were concerned about and requested the Georgian authorities to solve
them; -the protest actions during which the Javakheti Armenians voiced their
discontent about the blatant falsifications made by the authorities during
the elections to the local self-administration bodies, claiming to declare
the election results invalid.

Thus, in this courtroom I am stating the following: this lawsuit is a farce,
and the reason for continuously delaying the trial lies in the fact that the
Georgian authorities are afraid of me, as a political activist, who is a
mouthpiece for the rights of the Javakheti Armenians. By charging me you
charge the Armenian minority of your country.

The arrests of Ahaltsikha Armenian activists Grigor Minasyan, and Sargis
Hakobjanyan are also the result of this fear. This is a new provocation,
which aims to impel the Javakheti Armenians to extremist actions and by this
to discredit the peaceful struggle of Javakheti Armenians for their
language, educational and religious rights.

As in the past, once again I request the Georgian authorities to:

1. Stop all the criminal cases brought against the members of the `United
Javakhk’ Democratic Alliance’, my relatives and friends, as well as against
me. To stop all political and economic persecutions. Release all political
prisoners who were arrested for their activities aimed at protection of the
rights of the Armenian minority, including – of people arrested in
Akhaltsikhe.

2. Cease all the programs aimed at the artificial change of the demographic
picture of the Samtskhe-Javakheti and Tsalka regions.

3. Solve all the linguistic-educational, socio-economic and cultural
problems the Armenian Minority of Georgia is concerned about.
– Register the Armenian Apostolic Church and return it all the churches that
have been confiscated during the soviet era.
– Legally authorize the use of the Armenian language in the work of the
local self-administration bodies and in general office work in
Samtskhe-Javakheti and Tsalka regions.
– Give permission for establishing an Armenian university in Akhalkalaki.

The Georgian authorities will not be able to solve any problems by means of
judicial proceedings and repressions. This will only intensify the
discontent.

The Javakheti Armenians will continue the struggle for their rights.

From: Emil Lazarian | Ararat NewsPress

http://www.yerkir.org

Emil Lazarian

“I should like to see any power of the world destroy this race, this small tribe of unimportant people, whose wars have all been fought and lost, whose structures have crumbled, literature is unread, music is unheard, and prayers are no more answered. Go ahead, destroy Armenia . See if you can do it. Send them into the desert without bread or water. Burn their homes and churches. Then see if they will not laugh, sing and pray again. For when two of them meet anywhere in the world, see if they will not create a New Armenia.” - WS