Authorities' Charges Contradict Constitution and Laws, Claims ARF

The Armenian National Congress (ANC) has issued a statement regarding the recent actions by law enforcement.

“On October 15, representatives of law enforcement agencies invaded the residence of the Armenian Apostolic Church's Aragatcoten diocesan leadership, conducting searches at the home of the diocesan leader, Bishop Mkrtich Proshyan, as well as at the residences of priests and staff members of the diocese. Subsequently, the diocesan leader, 12 priests, and several staff members were arrested. Today, Bishop Mkrtich Proshyan and one of the priests have been detained.

This incident represents yet another episode of ongoing political persecution by the authorities against the Armenian Apostolic Holy Church, the Supreme Patriarch of All Armenians, and the senior clergy.

These developments came in the wake of the detention of Archbishop Bagrat Galstanyan and the fabricated criminal case against Shirak diocese leader Archbishop Mikael Ajapahyan, involving searches in his residence and office, his detention, and a trial that resembled a farce, culminating in an unlawful verdict sentencing him to two years of imprisonment.

The fabricated charges against the staff of the Aragatcoten diocese are based on a so-called 'testimony' by Father Aram Asatryan during an interview with Petros Ghazaryan on Public Television, which was submitted as a crime report to the Prosecutor General by Daniel Ioanissyan, the head of the 'Informed Citizens' Union'.

From Father Aram Asatryan's statements, it is evident that he is an opportunistic individual who has repeatedly participated in opposition rallies while admitting to violating his own convictions. He presented an absurd justification as 'evidence of coercion': 'I needed to clearly explain why I was not attending.'

Daniel Ioanissyan, who has become a prominent tool in legitimizing government persecution and attacks on civil liberties, did not act similarly when numerous credible reports were published in the media regarding teachers and healthcare workers being forcibly taken to the ruling party's final public rally ahead of the elections in Gyumri, in stark contrast to this unfounded case.

However, the main unconstitutional violation lies in the fact that in contravention of Article 72 of the Constitution, the Prosecutor's Office has charged individuals under a provision of the Criminal Code that was not in effect at the time of the alleged crime, that is, in 2021. The amended Criminal Code, of which Daniel Ioanissyan takes such pride, was adopted on May 5, 2021, and came into force on July 1, 2022. Meanwhile, Article 72 of the Constitution states: 'No one may be punished for an act or omission that did not constitute a crime at the time of commission.'

Thus, the charges presented by the authorities are completely in contradiction with the Constitution and the laws.

The same approach is evident in extending the pretrial detention of Samvel Karapetyan. The government agents carrying out the orders have found themselves in such a deadlock that they no longer discriminate between means in fabricating new charges. It has reached the point where, according to Karapetyan's lawyers, after examining the case for two days, the judge had to state that 'the charges of tax evasion and money laundering do not meet the threshold of suspicion.' Despite this, the judge continued the previous illegalities and extended the detention term by 30 days on a charge that merely reflects the exercise of the right to free speech.

This signals that the violations unleashed by Nikol Pashinyan's regime are entering a new dimension. Pashinyan is acutely aware that under the current aggressive campaign against the Armenian people's identity, dictated by Azerbaijan, he has no chance of being elected through free and fair democratic elections. The only path to his re-election is to create an atmosphere of fear, eliminate or weaken potential opponents, and conduct elections under repression.

We call for nationwide unity to save Armenia’s independence, restore democracy, halt the campaign against the Armenian Apostolic Holy Church, and protect civil liberties and human rights, particularly for the immediate release of all political prisoners.