NSS has intercepted phone conversation between Arsen Mkrtchyan and his lawyer

The Chamber of Advocates of the Republic of Armenia has released a statement, which we present below.

The Commission for the Protection of Lawyers' Rights of the Chamber of Advocates of the Republic of Armenia (coordinated by Gevorg Mkrtchyan and members Arpine Pananyan, Diana Shakhramanyan, Emin Beglaryan), after studying the application submitted by lawyer Vache Davtyan regarding the interception of his phone conversation with his client, found that:

As a result of operational-investigative measures carried out by the National Security Service of the Republic of Armenia, Arsen Mkrtchyan's phone conversations were intercepted, including a phone conversation between him and lawyer Vache Davtyan. During the phone conversation, Arsen Mkrtchyan received legal advice from lawyer Vache Davtyan.

Subsequently, in the criminal case initiated at the NSS Investigation Department, Senior Investigator G. Khalatyan (hereinafter also referred to as Investigator Khalatyan) examined the conversation, reflected it in a corresponding record, and attached it to the materials of the criminal case.

The aforementioned examination record was attached to the motion to choose detention as a measure of restraint for Arsen Mkrtchyan, who has been granted the status of an accused in the criminal case. During the court hearing convened to discuss this motion, Investigator Khalatyan referred to this record, among other documents, to justify the necessity of choosing detention as a measure of restraint.

The criminal case has been handed over to the Human Rights Crimes Investigation Division of the Investigative Committee of the Republic of Armenia for further investigation, and has been accepted into the proceedings of Investigator Sargis Margaryan (hereinafter also referred to as Investigator Margaryan).

Lawyer Vache Davtyan submitted a motion to Investigator Margaryan requesting the immediate destruction of his and his client's phone conversation(s). However, Investigator Margaryan rejected the lawyer’s motion on the grounds that the contents and nature of that phone conversation clearly do not contain any information that could constitute a lawyer-client privilege.

The Commission, citing international and domestic legal regulations, as well as established international judicial practices, DECLARES that:

The interception of the phone conversations between lawyer Vache Davtyan and his client during the monitoring of phone conversations by the NSS of the Republic of Armenia, as well as the subsequent review of it by Senior Investigator G. Khalatyan of the NSS Investigation Department, its reflection in the appropriate record, and its attachment to the criminal case, along with the use of that by the NSS against lawyer Vache Davtyan's client, as well as the refusal of Investigator Sargis Margaryan of the Human Rights Crimes Investigation Division of the Investigative Committee of the Republic of Armenia to immediately destroy it, violates domestic and international regulations regarding attorney-client privilege.

- It is DETERMINED that the actions of Senior Investigator G. Khalatyan of the NSS Investigation Department and Investigator Sargis Margaryan of the Human Rights Crimes Investigation Division of the Investigative Committee of the Republic of Armenia, which violate attorney-client privilege:

- It is RECOMMENDED to the competent state authorities and officials to immediately destroy the materials related to the listening to and recording of conversations between the lawyer and his client conducted by phone or other means of communication.