Gegham Manoukian Released on Amnesty

YEREVAN - “Dro” case defendant Gegham Manoukian was released on May 13, becoming the first political prisoner to be released under the new amnesty law recently passed in Armenia’s National Assembly.

Manoukian was arrested following the December 28, 1994 decree by President Levon Ter-Petrossian “suspending” the activities of the Armenian Revolutionary Federation in Armenia.

Manoukian was subsequently charged under article 72 of Armenia’s Criminal Code which stipulates that individuals who take part in “banditism” against the state shall be imprisoned anywhere from five to 15 years.

Following the lengthy trial, which took almost two years, Manoukian was sentenced to three years imprisonment under Article 84 of the criminal code, which calls for a two to five-year jail term for the offense of not disclosing information regarding criminal acts.

Answering to questions by reporters, Manoukian stated that the outcome of the entire trial failed to implicate the ARF in any wrongdoing, adding that the authorities were unable to reach their intended goal of discrediting the ARF.

Kim Balayan Released

YEREVAN (Noyan Tapan) - On June 9, the Supreme Court of Armenia rendered a verdict on the “Sept. 25” case, by declaring two of the three charges against Armenian Revolutionary Federation member Kim Balayan groundless and unfounded.

However, Balayan was found guilty according to Article 74 of the Armenian Criminal Law (mass disturbances) and received a suspended two-year prison term. Balayan was freed in the court-room.

“I am deeply disappointed that after such a clamor, the Judicial Board on Criminal Proceedings has actually demonstrated that there is no judicial power in Armenia. I not only expected, but I was absolutely sure that the verdict will be such,” Balayan said.

Kim Balayan’s attorney Ruben Sahakian said that they were going to appeal the verdict.

Appeals Council Upholds Supreme Court Ruling against Hrant Markarian

YEREVAN - On July 4, the Appeals Council of the Supreme Court of Armenia announced its decision on the appeals in the “Dro” case. The death sentence of Arsen Grigorian was replaced by 15-year imprisonment. The terms of defendants Edik Simonian and Ara Armadayan were cut by a year. They are now sentenced to four and five years in prison, respectively. All three are convicted on Article 72 of the Criminal Code of Armenia.

The Appeals Council decided to maintain the Supreme Court’s decision on the cases of Arsen Artsruni, Armenak Mnjoyan, Armenak Zakarian, Hovhanes Mkrtchian, Gevorg Alaverdian, Tatul Gabrielian, Hrant Markarian and Gegham Manoukian.

On December 10, 1996, the Board on Criminal Cases of the Supreme Court of Armenia sentenced Arsen Artsrouni and Armenak Mnjoyan to death, Zakarian to 15 years in prison, Mkrtchian to five years, Alaverdian and Gabrielian to three years each. The Judicial Board did not explain why the sentences of only some of the defendants had been changed.

Rouben Sahakian, the lawyer of Hrant Markarian and Ara Armandayan, said he was puzzled over the fact that the personality of Hrant Margarian and the fact that he got the weapon in Karabakh and had a license to carry it were not taken into consideration. By sustaining Markarian’s sentence, Sahakian believes the the Appeals Council has committed an action stated by Article 191 of the Criminal Code of Armenia (pronouncement of a deliberately unjust sentence, decision or resolution). “The pronouncement of an unjust sentence based on private interest and careerist aspirations is a crime as well,” he said. Sahakian believes such a sentence is likely to have been ordered by the authorities.

The “Dro” appeals process began on June 19 as attorneys described in detail the verdict passed on Dec. 10 of last year. The charges of organizing a clandestine structure within the ARF and complying to its activities brought against Hrant Markarian were rendered groundless. He was sentenced to five years in prison for the possession of a counterfeit passport and an illegal pistol. Markarian’s attorney Rouben Sahakian said that his client had been accused of wrong-doings which were directly connected with the defense of Nagorno-Karabakh. Markarian had a license allowing him to possess the said pistol issued by the commander of the Karabakh army. However, the court paid no attention to that fact.

Sahakian said that in most cases the court has sentenced a defendant charged on counts of illegal possession of arms to less than one year imprisonment. “Then why in the case of Hrant Markarian did the court sentence him to the maximum term and ignored the mitigating circumstances. It suggests that somebody wanted to distance Markarian from defending Karabakh.”

Noting that Markarian has already served two and a half years in prison, Sahakian, on behalf of Markarian’s wife and children, appealed to the court to reduce the prison term from five to three years. “Hrant Markarian must no longer be kept in custody,” Sahakian said.

Immediately following his appointment as Prosecutor General Henrik Khachatrian had withdrawn the State’s appeal filed by his predecessor to the Supreme Court to alter the verdict against Hrant Markarian. The appeal had aimed at rendering a stiffer sentence. In light of the new Prosecutor General’s initial gesture, as well as a favorable public opinion expressed in the local press, it was widely expected that the Appeals Council would shorten Markarian’s sentence.

Armenian youth and women’s groups, scientists, intellectuals, artists, editors, call for Markarian’s release

Leading Armenian intellectuals, scientists, and journalists have appealed to President Levon Ter-Petrossian to pardon Hrant Markarian, a prominent Dashnak party member and veteran of the Karabakh war, RFE/RL's Yerevan bureau reported on 27 August. Hrant Markarian is serving a five-year prison term after being convicted in December 1996 of illegal possession of arms. Two years earlier, Markarian had been arrested, along with other Dashnak party members, on charges of setting up a terrorist group named Dro. The charges of terrorism against Markarian were subsequently dropped for lack of evidence. Editors of pro-government and opposition newspapers, youth and women groups recently addressed a similar plea to President Ter-Petrossian to pardon Markarian.

Hrant Markarian re-applies for Armenian citizenship

YEREVAN (Yerevan News Agency) - Nagorno-Karabakh liberation struggle leader and a defendant in the so-called “Dro” trial Hrant Markarian, once again, applied for Armenian citizenship after not receiving a response for two previous applications. In a letter to President Levon Ter-Petrossian dated Saturday, July 19, 1997, Markarian discusses the provisions of Armenia’s citizenship law and tells the leader that the current letter is his third attempt at applying for citizenship.

Markarian, a native of Iran, also explains that he and his family relocated to Armenia in 1990 and since 1994 he has been imprisoned. He adds that the unfair charges of traveling with fake documents and bearing illegal arms were absurd, but he would not address those fake charges in the writing.

He asked President Ter-Petrossian to grant him citizenship so he could serve his jail term as an Armenian citizen. “Armenia is my only homeland,” wrote Markarian in the letter stressing that living on one’s homeland is an individual’s inherent right and “I believe no one has the right to refuse any person of that natural existence.”

Prosecutor revises most severe articles of Hovannessian’s indictment
Asks for seven years for Hovanessian

YEREVAN (Combined sources) - The “Trial of 31” after a lengthy break in proceedings, resumed at the Armenian Supreme Court on August 7, 1997.

In his closing arguments, prosecutor Lulibert Charkhifalakian concluded that evidence presented during the trial had backed the charges by articles 232 of the Criminal Code (illegal purchase and possession of arms and ammunition), 209 (attempt on policeman’s life), 111 (battery), 173 (violation of traffic rules), 205 (concealment of felony), 206 (misprision of felony), 255 (desertion), 84 (misprision of a crime against the state).

The Prosecutor concluded that the evidence showed the charges of high treason and an attempt to commit a terrorist act, as well as those charges according to which the defendants were planning to assassinate state leaders were unfounded. Instead, the Prosecutor claimed that there was enough evidence to charge the defendants on the second part of the article 65 (calls to forcibly overthrow the authorities) and article 65 prim. (antigovernment calls).

The Prosecutor demanded to find ARF leader and defendant Vahan Hovhannessian guilty on the following articles or the Penal Code: second part of article 65, article 65 prim., article 67, and hence to sentence him to 7 years of imprisonment. The Prosecutor also asked that the other alledged ring leader, Manvel Yeghiazarian, be charged on the second part of article 65, article 65 prim., article 209, part 1 of article 232 and sentence him to 8 years.

The Prosecutor also asked for sentences against the defendants varying from suspended two year imprisonment to the death penalty, for Tigran Vardges Avetissian, who was charged with the murder of two policemen.

While the Prosecutor was speaking in the court room, participants of a demonstration organized by the ARFD were shouting “Freedom to political prisoners” and “Shame to Armenian authorities” and singing national-liberation songs.

As of September 8, the verdict of the court was yet to be rendered.

Vahan Hovanessian’s health deteriorates

According to reports from Yerevan, public defenders Bagrat Yessayan and Vova Hakhverdian visited Hovanessian and Yeghiazarian on August 5, and found both individuals in extremely poor physical health. Hovanessian’s walk, according to Hakhverdian was troublesome and both were weak.

Vahan Hovanessian’s public defender, Bagrat Yesayan, has reported that the health of his defendant has deteriorated since July 17, and that he may have suffered a second mild heart attack.

According to Yesayan, Hovanessian has complained of a sharp drop in blood pressure, pain in the left part of his body, and numbness of his hands and feet.