David Tonoyan's Defense Team Issues Statement

David Tonoyan's defense team has released another statement regarding the examination of the motion to change the measure of restraint for David Tonoyan.

We present the full statement below:

“From the very first day of the open political persecution against David Tonoyan, initiated based on fabricated charges since 2021, Tonoyan's defense team has stated that the criminal case launched is artificially constructed and unfounded. The criminal proceedings, coupled with manifest illegalities and incompetent accusations regarding the defense role, aim to keep David Tonoyan isolated from society for as long as possible.

The latest evidence of this illegal intention is presented below:

Within the framework of the criminal proceedings against David Tonoyan, all witnesses and two defendants have already been interrogated by the court. No witness has provided any testimony substantiating the charges against David Tonoyan and others. Initially, the court based its decision to keep David Tonoyan in custody on the suspicion of illegal influence on the witnesses.

It was evident that in order to continue holding David Tonoyan in custody, it was necessary to fabricate a new basis, as the grounds for keeping him in detention were depleting after interrogating the summoned witnesses, and the court would have had to release him from custody.

Consequently, after interrogating the key witnesses, the judge of the Anti-Corruption Court, Vahe Dolmazian, rendered a judicial act regarding the examination of the motion to substitute Tonoyan's detention with another measure, adding the suspicion of illegal influence on the defendants to the grounds for keeping him in custody, which lacked any substantiation.

This was confirmed by the ruling of the Court of Appeals on July 27, 2023, which partially satisfied the appeal against the decision of the Anti-Corruption Court concerning the refusal to substitute the measure of restraint with a pledge on the grounds that the Anti-Corruption Court unjustifiably indicated a new basis for keeping David Tonoyan in custody (suspicion of illegal influence on the defendants) in its ruling.

The aforementioned judicial act of the appellate court was referred to the Anti-Corruption Court for re-examination on August 8, 2023. The Anti-Corruption Court, presided over by Judge Dolmazian, was obliged to ensure the prompt examination of this motion in accordance with the requirements of Article 27, Part 5 of the Constitution of the Republic of Armenia.

In other words, the court was required to immediately, in a short time, proceed to comply with the requirements of the appellate court's decision concerning the examination of the motion to substitute David Tonoyan's detention with another measure.

However, since receiving the appellate court's decision, Judge Dolmazian has already held three court sessions, yet the court has not discussed the motion, citing reasons of being burdened with other court sessions, thereby effectively delaying the execution of the enforceable judicial act.

As a result of the above, there are reasonable suspicions that the court is deliberately delaying the discussion of the motion to change the measure of restraint for David Tonoyan until the prosecution presents a cassation appeal against the ruling of the Court of Appeals, leading to a predictable adverse outcome for David Tonoyan.

We assure you that the charges against David Tonoyan are just as unfounded as this illegal procedure for keeping him in detention. Taking into account these circumstances, David Tonoyan has consistently demanded a public and open trial from the very first day of the proceedings to expose the absurdity of the charges against him and the violations occurring during the trial.

Despite almost all aspects of this criminal case already being known to the public, the Anti-Corruption Court continues to “cloak” the proceedings behind a veil of state secrecy, rejecting David Tonoyan's motions to hold the court hearings in open session and to lift the prohibition on his communication with journalists.

Nevertheless, we are confident that there are all necessary preconditions to conduct at least part of the hearings in open session in accordance with Article 16 of the former Criminal Procedure Code of the Republic of Armenia.

At the same time, we announce that David Tonoyan intends to request, prior to the examination of the motion to change the measure of restraint at the next court session scheduled for August 29, 2023, that the court conduct the examination of the motion in open session in accordance with Article 16 of the former Criminal Procedure Code of Armenia.

It should be noted that former Minister of Defense of Armenia David Tonoyan is accused of an act provided for by Article 179, Part 3, Point 1 of the Criminal Code in force since August 1, 2003, without any evidence, which David Tonoyan denies and refuses to testify due to distrust towards the bodies conducting the criminal proceedings and on the grounds of “inducing” the implementation of justice. David Tonoyan has already been unlawfully detained for 1 year and 11 months within the framework of this criminal case, which lacks legal grounds and has exclusively punitive nature.”