Babayann: I Consider the Illegal Actions of Law Enforcement Against Lawyer Unacceptable

Arsen Babayan, the former deputy head of the National Assembly staff, wrote on his Facebook page: "It is necessary to prevent and exclude the violations against lawyers. On November 25, 2019, an investigator from the NSS investigative division attempted to confiscate the computer of lawyer Hovhannes Chamsaryan within the framework of a criminal case, where he acted as a representative of the witnesses. According to lawyer H. Chamsaryan's statement, the computer contains information considered to be legal confidentiality.

In this regard, I find it necessary to record: 1.) The guarantees of the lawyer's activity are established in Article 21 of the Law on Advocacy, according to which: - The lawyer is independent in performing his activity, guided only by the Constitution of the Republic of Armenia, the international treaties and laws of the Republic of Armenia, the charter of the bar association, and the code of conduct for lawyers; - Intervention in the lawyer's activities by state bodies, local self-governing bodies, their officials, physical and legal persons (including the media) is prohibited; - The lawyer's home, vehicle, or office, as well as the office of the legal organization, cannot be searched in connection with circumstances related to the lawyer's activity; - The lawyer may not be searched while performing his professional duties directly; - Documents and information carriers (computers, audio and video recording devices, laser discs, video tapes, etc.) related to legal assistance that are in the possession of the lawyer or in the office of the legal organization are inviolable, cannot be confiscated (taken) and cannot be used as evidence.

2) The lawyer, his family members, and their property are under the protection of the state. 3) The confidentiality of legal information includes the information and evidence that the person requesting legal assistance has transferred to the lawyer, the content and nature of the advice given by the lawyer, as well as the information and evidence (materials, carriers) that the lawyer has independently obtained while carrying out his legal activities. 4) The obligation to maintain legal confidentiality is not time-limited and also applies to a person whose license for legal activity has been suspended or terminated.

I find the illegal actions initiated by law enforcement against lawyer Hovhannes Chamsaryan extremely concerning and I urge the Human Rights Defender of the Republic of Armenia, the Bar Association, and human rights organizations to take necessary measures to prevent and henceforth exclude any manifestations of violations against lawyers."