Human Rights Defender Issues Statement on the Arrest of Gayane Hakobyan

Public trust can only be guaranteed under conditions of accountability in the criminal justice system within legally permissible frameworks. The Human Rights Defender of Armenia, Anahit Manasyan, has issued a statement regarding human rights protection issues in relation to the criminal proceedings against Gayane Martirosyan.

“The accountability of competent bodies involved in the chain of criminal justice and the proper functioning of public communication mechanisms are crucial for ensuring the objectivity, integrity, and impartiality of case examinations. It is essential not only that any case is examined within the context of the rule of law but also that such a perception be formed among any impartial objective observer regarding the examination of the case. This need is especially apparent in cases where there is public interest and sensitivity,” the statement reads.

Considering the public interest in the arrest of Azgush (Gayane) Martirosyan, the mother of fallen serviceman Zhora Martirosyan, as well as the sensitivity of the issue, the Human Rights Defender emphasizes the importance of proper accountability of relevant authorities and the comprehensive application of legally permissible public communication tools throughout the investigation process.

While being mindful of legally prescribed restrictions and refraining from making any assessments regarding the ongoing criminal proceedings or interfering in the activities of justice-administering bodies, the Human Rights Defender notes that the state has a duty during the criminal proceedings to consistently ensure the presumption of innocence for any individual accused of a prosecutable offense and the legality of any preventive measure applied against them.

In this context, the Defender stresses the necessity of strictly adhering to the legal criteria regarding the use of detention as a preventive measure, considering that detention can be applied only when the use of alternative preventive measures is insufficient to ensure the accused's appearance, prevent the commission of crimes, or to ensure the fulfillment of obligations imposed on the accused.

Moreover, the Defender emphasizes that trust in the ongoing proceedings can only be ensured through legally permissible public communication and accountability in the criminal justice system.

It is the duty of state authorities to ensure that the proceedings occur in accordance with the principles of the rule of law and that legally permissible procedures for public communication and accountability are in place.

At the same time, taking into account the sensitivity of the issue, it is crucial for every public official and civil servant, as well as other public figures, including social and political actors, to use their words and behavior to exclude and mitigate public polarization, hate speech, and the direct or indirect justification or encouragement of unlawful phenomena, including violence.

Furthermore, it is essential for these individuals to use their public platform to counter unlawful expressions and behaviors, including those targeting various groups within society and misinformation.

The Human Rights Defender also underscores that for the parents and relatives of deceased or missing servicemen, the state must implement psychological support programs in various formats, which are of exceptional importance at this stage in overcoming diverse societal issues, including those related to human rights.

Issues related to human rights protection within the discussed criminal proceedings remain under the immediate attention of the Defender. Necessary actions continue to be undertaken within the framework of the powers entrusted to the Human Rights Defender by law.