GAGIK JHANGIRIAN: THE MAIN CRISIS IN ARMENIA IS THE CRISIS OF JUSTICE AND ADMINISTRATION OF JUSTICE

Noyan Tapan
March 20, 2009

YEREVAN, MARCH 20, NOYAN TAPAN. The court of first instance of
Yerevan’s Kentron and Nork-Marash communities presided over by judge
Zhora Vardanian will publish the court act on the case against the
former deputy prosecutor general of Armenia Gagik Jhangirian on
March 23.

At the March 18 court sitting, Gagik Jhangirian, who is charged with
"committing violence (not dangerous to life or health) against a
representative of authorities", made a defence speech, which, in his
opinion, was an accusatory speech. He underlined that he does not
need to make a defence speech as he is unfairly accused of a crime
that he did not commit, whereas those who committed an "abortive
murder provocation" against him and his brother Vardan Jhangirian in
Argavand highway near Yerevan on February 23, 2008, have not been held
accountable so far. Gagik Jhangirian considered the case initiated
against him as "political by its content and false criminal by its
form," noting that the direct reason for that was his speech at an
opposition meeting. He explained that for that speech, the next day
the Armenian president relieved him of his post, illegally deprived
him of his prosecutor’s rank and instructed to liquidate him (which
resulted in failure). For that reason the "murder provocation" turned
into criminal prosecution of not only Gagik Jhangirian, but also his
brother. G. Jhangirian stressed that by opening a case against him
and illegally depriving him of freedom, the authorities also aimed
to warn, by his exapmle, all the officials and state servants who
sympathize with the opposition.

A considerable part of the defence-accusatory speech was dedicated
to, as G. Jhangirian put it, the "bullying, illegalities and
permissiveness" of the pre-election, election and postelection period
of 2008. In particular, analyzing the March 1-2 events, G. Jhangirian
said that the people did not hold any event in violation of the
Constitution and laws, the people just resorted to self-defence,
while the actions of the authorities were "full-value military actions
against their own people". By official data, these actions left 10
people dead, whereas the real number, according to G. Jhangirian,
is not known so far. In his opinion, the number of those wounded
was also much greater, but these persons did not apply to medical
institutions – for fear of requital.

According to G. Jhangirian, although the former Armenian president
Robert Kocharian declared a state of emergency in Yerevan on March
1, in reality it was a martial law regime with the involvement of
sub-units of the armed forces, which is envisaged by the Constitution
only in case of an armed attack, its threat or during a war.

"Who and how usurped power in violation of the Constitution and
law?" G. Jhangirian asked, expressing conviction that the pre-election
illegalities, the elections held with rigging, the postelection
political persecutions and requital will get "flesh and blood" in
the indictment of a future case. In his words, the main crisis in
Armenia is the crisis of justice and administration of justice.

G. Jhangirian demanded that the court "acquit him without any
precondition".

His defence lawyer Lusine Sahakian said at the court sitting
that the transfer of G. Jhangirian from Vardashen penitentiary to
Yerevan-Kentron penitentiary was illegal, and she demanded that he be
moved back to Vardashen. She expressed concern that G. Jhangirian had
no opportunity to personally carry his things, including voluminous
correspondence, due to which other persons received the opportunity
to read G. Jhangirian’s complaint to the European Court. The principle
of secrecy was violated in this way.