ARMENIAN PHOTOJOURNALIST REJECTS ‘ILLEGAL’ AMNESTY

Tert.am
Sept 16 2009
Armenia

Today, in the Court of Appeal of the Republic of Armenia, Chorord
Ishkhanutyun ("Fourth Authorities") and Aravot ("Morning") papers’
photojournalist Gagik Shamshyan’s case was to be heard.

However, the Court of Appeal made a decision to allow the defence’s
appeal without trial and to accept Deputy General Prosecutor Aram
Tamazyan’s plea, agreeing that amnesty was wrongly granted to
Shamshyan. With that, the judgement of the entire jurisdiction of
the Court of First Instance of Center and Nork-Marash Communities of
Yerevan was reversed, and the decision that Shamsyan must pay a fine
of 350 000 AMD was enforced.

"They forget that, according to his nature, Gagik Shamshyan is one
of those unique and exceptional Armenian citizens who, when the court
decided to release him from paying the penalty, connected with granting
him amnesty, said, ‘You have broken the law’. This was Shamshyan’s
initative, and not the general prosecutor’s, or some other individual,"
noted Shamshyan’s attorney, Hovik Arsenyan.

Speaking with Tert.am, Shamshyan said that what was surprising
for him was when the case was being presented in the appeal court,
overseen by judge Mher Aghramanyan, Shamshyan had told the judge in
the hall outside that "you have no right to grant me amnesty," and at
that time, in Shamshyan’s words, the three judges, Mher Aghramanyan,
Armen Danielyan and Masis Rehanyan, escaped from the hall.

"Their response at the time was, ‘Shamshyan, don’t make a fuss, we
are doing what’s best for you.’ And I told them, I don’t need what’s
best for me. You do your work lawfully, and if the law forbids it,
I won’t get amnesty, don’t do what’s best for me, and they left. And
what is also surprising is that those same three judges, 10-12 days
before granting amnesty, held another court session, and mainted
the Court of First Instance of Center and Nork-Marash Communities of
Yerevan’s verdict. In legal practice, this could be written down in
the Guinness Book of World Records," noted Shamshyan.

The photojournalist also advised that he had written an application to
the General Prosecutor, the Minister of Justice, and the Minister of
the Court of Appeal, presenting facts and requesting that disciplinary
action be taken against the three judges. Shamshyan also noted
that he has presented a complaint to the European Court, so that,
in his words, it will prove that our legal courts "act as if they
were born yesterday."

"I am not going to pay the fine," added Shamshyan.