On
October 16, the Human Rights Defender’s Office, through regular monitoring of
mass media and social networks, received information that lawyer Mr. Aleksandr
Kochubaev had been arrested for a public expression made on his Facebook
account.
It
was later clarified that a public criminal prosecution had been initiated
against the lawyer under Part 2 of Article 490 of the Criminal Code of the
Republic of Armenia, and that detention had been applied as a preventive
measure for a period of two months.
The
Human Rights Defender, Ms. Anahit Manasyan, has repeatedly voiced concern over
the extensive use of unlawful public speech by members of various professional
communities, including representatives of the advocates’ community. She has
emphasized that for professional communities, rules of ethics and conduct
should not merely exist but must be consistently enforced. In this regard,
serious problems persist in Armenia, as disciplinary accountability mechanisms
within professional bodies are almost never applied in cases involving speech
that contradicts ethical norms, standards of conduct, and contemporary human
rights principles.
At
the same time, the Human Rights Defender considers it unacceptable to assume
that any such speech should automatically entail criminal liability. In
accordance with international standards, criminal responsibility may only be
imposed for the most severe forms of unlawful expression and only in the
presence of compelling and well-founded justification. The use of detention or
any form of deprivation of liberty as a preventive measure or punishment in
such cases is an even more extreme step.
Therefore,
the Defender deems it unacceptable to initiate criminal proceedings against
individuals for their speech in situations where the public is not properly
informed as to why the specific expression has crossed the threshold of grave
public danger and why deprivation of liberty is deemed necessary. This concern
is particularly acute in cases where a person is deprived of liberty through
the use of force.
Without
addressing the legality of detention in any specific case, the Human Rights
Defender, Ms. Anahit Manasyan, has repeatedly highlighted the systemic issues
surrounding the use of detention as a preventive measure.
In
this context, the Defender reaffirms her position that when choosing detention
as a preventive measure, it is essential to strictly comply with the criteria
governing its lawful application, bearing in mind that detention should be
applied only when alternative preventive measures are insufficient to ensure
the accused’s appearance, prevent the commission of a crime, or secure the
fulfillment of their obligations.
Abuse
of the institution of detention, in turn, can seriously undermine public trust
in the entire criminal justice system and generate further systemic problems.
It
should also be noted that, on the Defender’s own initiative, examination of the
matter has been launched. By her instruction, representatives of the Human
Rights Defender are conducting visits to the penitentiary institution to meet
privately with the lawyer and have a private conversation.
The
matter remains under the direct attention of the Human Rights Defender.
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