Prosecutor's Office on Criminal Charges Against Sashik Sultanian

Recently, several representatives of public organizations operating in Armenia and reputable international organizations specializing in the field of human rights have made public statements regarding the alleged baseless criminal prosecution of Sashik Sultanian, the head of the "Yezidi Human Rights Center" NGO, claiming that it limits freedom of speech and interferes with human rights advocacy. This was stated in a clarification presented by the Office of the Prosecutor General.

The clarification further states: "Considering that the statements are based solely on highly selective and fragmentary quotations from S. Sultanian's comments concerning the reasons for initiating the criminal case, and that such subjective interpretations could create a false impression among the public regarding the legality and validity of the criminal prosecution against S. Sultanian, we find it necessary to clarify the following:

The investigation conducted by the investigative department of the NSS of the Republic of Armenia has obtained sufficient evidence that S. Sultanian, in an interview given to the website "yezidinews.com" in Iraq in May 2020, published by the site on June 8 of the same year, committed actions aimed at inciting national hostility between Armenians and Yezidis, an ethnic minority with its own national identity in Armenia.

Specifically, in the interview, S. Sultanian made false statements that the rights of Yezidis are not protected in Armenia, that they are regarded as a backward nation by Armenians, that Armenians mock Yezidis and discriminate against them, that Yezidis do not have the opportunity to learn their mother tongue in Armenia, leading to the forgetting of the Yezidi language, and that Armenians do not allow Yezidis to develop their culture. He also stated that religious ceremonies are not conducted at the Yezidi shrine built in Armenia, cultural events are not held, Armenians seize the property, businesses, homes, and lands of Yezidis, and that the situation of Yezidis is deteriorating over time, with hints that Yezidis do not have the right to land ownership in Armenia and that the state is doing nothing to protect their rights.

Moreover, S. Sultanian asserted that Yezidis have no opportunity for advancement in the state system, occupying only low-level positions. He added that there is no village in Armenia where Armenians and Yezidis live together and where the community leader is Yezidi, recalling cases during the 1990s when shots were fired at a Yezidi community leader candidate in such a village.

S. Sultanian also expressed in the media that as a result of the aforementioned issues, Yezidis do not see their future in Armenia, do not consider it their homeland, and are emigrating from Armenia, leaving only elderly Yezidis in the villages, and predicting that in 50 years, there will be no Yezidis living in Armenia.

In other words, S. Sultanian represented the Republic of Armenia to foreign media as a state that exhibits national discrimination in various fields of political, economic, social, cultural, and public life, purportedly reflected in the gross violations and restrictions of the rights and freedoms of Yezidis by Armenians.

For the aforementioned actions, S. Sultanian was charged on May 20, 2021, under the first part of Article 226 of the RA Criminal Code. The preliminary investigation of the criminal case has been completed, the prosecutor has confirmed the indictment, and on August 2, the criminal case has been sent to court for essentially examining it.

The initiation of criminal proceedings against S. Sultanian cannot be interpreted as a restriction of freedom of speech or an interference with human rights advocacy under any circumstances. According to RA legislation, certain investigative actions may and should be conducted in secret to uncover the apparent crime, resulting in obtaining both evidence supporting and refuting the commission of the crime.

Information regarding the process and results of the preliminary investigation can only be provided to an individual once they obtain procedural status in the case, which was done after S. Sultanian acquired the status of the defendant. Moreover, applications have been submitted by his defenders during the preliminary investigation, which were duly addressed.

In this sense, the claims that S. Sultanian's right to a fair trial and effective judicial protection have been violated are unfounded. As noted, the criminal case is in court, and the public, along with all interested parties, has the opportunity to form a comprehensive opinion through an open and public trial regarding the substantiation of the charges and the circumstances of the criminal case.