THE GEORGIAN STATE VS. VAHAGN CHAKHALYAN: THEY WISH TO SILENCE AN ARMENIAN VOICE
Kristine Aghalaryan

2009/06/08 | 19:08

An interview with Patrick Arapian, member of the Paris Bar Association

Mr. Arapian, why do you wish to assume the defense of Vahagn
Chakhalyan, head of the United Javakhk Democratic Alliance? Aren’t
there capable lawyers from Armenia or Georgian attorneys? What will
be your role in the matter?

I’ve been handling the defense of minorities in the Caucasus for twenty
years. It’s only natural that I also defend Vahagn Chakhalyan. This is
the main reason. I’ve defended Kurdish, Yezidi and Georgian opposition
activists and the interests of Armenian opposition figures. I also
performed this activity up until the time of perestroika in the former
Soviet Union since I was well familiar with the region.

The defense of such rights is a relatively new field for Armenian
attorneys and it bears Soviet era influence. However, I am hopeful that
with Armenian lawyers at our side it will be a good experience for them
and that we will execute a successful defense. We are collaborating
with Ruben Sahakyan, President of the RoA Chamber of Advocates. It
will help to include young lawyers in such cases; so that they too
become skilled in the defense of political rights.

Regarding Georgia, during the past 10-15, there’s been such treatment
of national minorities exhibited that many have been forced to flee the
country. For example, there used to be 500,000 Armenians in Georgia;
today there are 300,000. Yezidis are also disappearing in Georgia as
a national minority.

In this context, it was very complicated for Georgian lawyers to
maintain their juridical independence and to assume the defense in
such cases.

I have a dual role in this case. The first role, as a traditional
lawyer, is to expose and condemn the negative treatment of national
minorities in Georgia. The second role is to attempt to defend the
rights of the Armenian minority in Georgia from the outside.

You live and work in France. In practical terms, how will you carry out
the dense of Vahagn Chakhalyan? This is not an exceptional case. There
are many cases in the world when individuals are tried for political
reasons and lawyers from other countries come to defend them. I have
experience in mediating in political processes and have received a
corresponding education. My only weak point in this case is that I
am Armenian.

At the same time, since I know the region well, I have an advantage
in this judicial proceeding. The fact that the discrimination faced
by national minorities in Georgia is condemned in Europe is a first
victory. For diaspora Armenians who have no information about the
plight of Armenians in Javakhk and Akhalkalak, this is already a
victory of sorts. As a result of this, the fact that international
organizations, for example the International Federation of Human
Rights, have condemned the actions of the Georgian authorities is
once again a victory.

Some in Javakhk believe that Vahagn Chakhalyan is being persecuted
for being a political activist; others as simply a settling of scores
for certain actions he did in the past. What is your view?

I am convinced that this is essentially a political affair. I was
able to see how Armenians live in Akhalkalak. I heard from numerous
witnesses as to what had happened. I met and spoke with the family
of the murdered policeman, Armen Grigoryan. The family has been cast
adrift and forlorn after the loss. The Georgian authorities have
refused to shed any light on the incident, even to the level where
the possibility exists to conclude that he committed suicide. I
wasn’t able to meet with the family of the other slain policeman,
Artur Berujanyan. However, I know that the family presented a serious
complaint to the local police. They do not agree with the version
of the incident put forth by the police. We really are dealing with
a political case here. The abuses of the police in the matter are
quite evident. The most terrible aspect of the case is that these were
Armenian policemen who were carrying out repressive measures against
fellow Armenians. The same police have now arrested Vahagn’s brother
and his brother’s friends. It’s a traditional method; terrorize
the Armenian community by waging an assault and by targeting the
youth. From this viewpoint I do not understand why in Armenia they
cannot more severely condemn the actions of an Armenian policeman.

In other words, what you are saying is that the Armenian side has
adopted a more conciliatory stance regarding the matter?

The reality is that in Armenia there is the perception that they are
treating the Javakhk Armenians as they do their compatriots; in the way
that the Armenians of the RoA assisted their brothers in Karabakh. The
Armenia authorities however are obliged to cooperate with the Georgians
due to the importance of Georgia for Armenian trade and transportation.

Mr. Arabian, it’s been about eight months this you applied to the
Georgian Ministry of Justice but they are refusing your requests to
officially register as Vahagn Chakhalyan’s defense attorney. What do
you plan to do if your appeal is also rejected?

As a lawyer, my struggle is a legal one. The legal process has many
stages. The first is an investigative stage, the second, the Court
of First Instance and the third is the Appeals Court. The Cassation
Court follows and then the case is sent to the European Court of Human
Rights. The presence of Armenians in Javakhk is much older than this
process. We must never forget that a man has wound up in prison and
that one family is being repressed.

Did the protest demonstration outside the Georgian Embassy in Paris
yield any results?

In my view it was a great success. For the first time in the diaspora,
Armenians decided to say "no" to the Georgian authorities. It
was definitely a political protest. We have never seen Georgians
protesting outside an Armenian Embassy. Georgians residing in Armenia
have never had any problems while Armenians in Georgia faced problems
of a national nature. One need only look at the problem of Armenian
churches. There is not one group of Armenians that isn’t being
terrorized or repressed. What is being threatened in Georgia is the
Armenian national identity. For some, the protest was a ray of hope,
for others, a political protest of the first order.

Have you ever been refused the right to defend a certain individual?

This is the first such case of an international lawyer going to Georgia
and being refused the right to legally defend a client. As a rule,
opposition activists in Georgia flee the country and their rights
are defended outside.

What levers can be pulled in order to influence the Georgian
authorities? What measures will you be taking? This is a very important
issue for me. It is one thing when a lawyer steps forward to defend
an individual’s rights. It is his work and profession. Clearly, in
this case, we are dealing with the issue involving Armenian-Georgian
relations. It must be defined on the level of political officials
and not by attorneys. The Georgians must be assured of the position
of Armenians in Armenia. They don’t want to face a situation as they
did with the Abkhaz and Ossetian people. This is one of the reasons
why there is repression against the Armenian community as a national
minority. The Armenian side must make the Georgians understand that
they cannot oppress the Armenian community and that the two peoples
must live side by side in Georgia in peace and prosperity.

In your view, what are the most glaring violations in the Chakhalyan
case that can substantiate the political persecutions carried out
by the Georgian authorities and that can lead to results in the
European Court?

These include the absence of any investigation and ballistic testing
of the guns, not hearing witness testimony and assaults on the rights
of the defense. These are the three pivotal arguments of the defense.

To date, what have been the shortcomings of the defense team?

The defense was organized but the team wasn’t aware of such political
repression. The defense team didn’t explore the issue in the full
context of minority rights in Georgia. Today, the defense is more
united in that sense.

Recently, they beat Vahagn but he refused to name names. Why?

I’ve been a lawyer for more than twenty-five years. I make the
prison rounds on a weekly basis. There’s a particular reality within
prison walls. If a prisoner condemns what happens to him, it is very
important and is seen as a sign of bravery and defiance. Prison is
itself a form of repression. Anyone winding up in prison would do
well not to make enemies.

According to the Georgian Human Rights Ombudsman Sozar Subari,
Vahagn Chakhalyan was facing a thirty year sentence for the charges
levied against him but he received a ten year sentence. Is Subari
exaggerating the point or can other interpretations be given?

What is unusual in this Georgian process is that we are faced with a
constantly changing set of charges. At one point the charge is arms
possession and then they present political charges. In dealing with
the Georgian authorities we are faced with a scenario in which they
want to silence the Armenian voice within the span of ten years. From
the start, Georgia’s Ombudsman has been supporting us because the
violations are so glaring he had no other choice but to condemn
them. In the context of Georgian reality, I would say that Subari
has exhibited courage.

Knowing the situation in Javakhk and being appraised of the case,
I am convinced that Vahagn is totally innocent. The only charge
against him to which I agree is the fact that he is Armenian.

How do you see the case winding up? From a legal point of view is
there a realistic basis on which to apply to the European Court of
Human Rights and win the case there?

The slogan of the opposition in Armenia, "struggle, struggle until
the end", is well-known in Europe. I would adopt that slogan in
this matter since the struggle of Armenians in Georgia will not end
today. It is a long-term struggle.

Of course there is every possibility to win the case in the European
Court. Emphasis must be placed on all the violations that have been
committed during the judicial process.