On July 1 the statement by the Chief Editor of “Zhamanak-Yerevan” daily Arman Babajanian, arrested on the charge of document fraud to avoid military service, was disseminated. In the statement, dated June 29, 2006 and prepared at Nubarashen pre-trial detention center, Arman Babajanian qualified what happened to him as political persecution, implemented by a scenario, developed by the RA President’s Office and realized by the RA General Prosecutor’s Office. In the opinion of the Chief Editor, the purpose of the authorities is “to silence another incorruptible and independent medium”.
As it has been reported, on June 24, basing on the data provided by the RA Military Police, the General Prosecutor’s Office instituted criminal proceedings on Paragraph 2 of Part 2, Article 327 of the RA Criminal Code (“Avoidance of Military Services, Exercise or Summons”). On June 26 the Chief Editor of “Zhamanak-Yerevan” was detained, and, as the press-release of the General Prosecutor’s Office says, he “in the presence of a lawyer made a confession” that in November 2002 he “had committed a document fraud to avoid drafting for military service”. On June 27 the court of primary jurisdiction of Center and Nork-Marash communities of Yerevan made a ruling to arrest Arman Babajanian for two months. Yerevan Press Club and Committee to Protect Freedom of Expression addressed the General Prosecutor with an official inquiry: to name the attorney, in whose presence, allegedly, Arman Babajanian was interrogated and made a confession (actually, the response to the inquiry has not been received as yet, however, the press informs that this attorney was Vaghinak Gevorgian). On June 27, 28 and 29 by the building of the General Prosecutor’s Office protest actions were held by the editorial office of “Zhamanak-Yerevan”, in the opinion of which the arrest of the Chief Editor is linked with his journalistic activities and the situation is an infringement of freedom of expression (see details in YPC Weekly Newsletter, June 23-29, 2006).
On June 29 over 20 journalists of Gyumri, Shirak region, made a joint statement demanding that the General Prosecutor’s Office change the preventive punishment and release Arman Babajanian. The signatories condemned the state officials “who expose the defendant as a criminal by all means”, thus grossly violating the presumption of innocence.
In the issue of “Zhamanak-Yerevan” of July 1 the address of Nugzar Gogorishvili on behalf of “Peaceful Development of South Caucasus” Union was published, expressing the support to the staff of the newspaper, the whole journalistic community of Armenia and the hope that the Armenian colleague will soon be released. A similar address to the editorial office was sent by the representative of Caucasus Peace, Democracy and Development Institute Emmanuil Steinberg and the Director of “RE Studio” Mamuka Kuparadze (“Zhamanak-Yerevan”, July 4, 2006). In the same issue of July 4 a letter of support from 20 residents of Philadelphia and information on protest action held on July 2 by the Armenians of Los Angeles were published. The newspaper pages also gave floor to the opinions of both Diaspora representatives and political and public figures of the country with regard to the arrest of Arman Babajanian.
On July 5 the heads of Yerevan Press Club, Internews Armenia, Committee to Protect Freedom of Expression, Helsinki Committee of Armenia, “Investigative Journalists”, Center of Law and Freedom in the joint statement called on the General Prosecutor’s Office to change the preventive punishment imposed on the Chief Editor of “Zhamanak-Yerevan”. “The choice of arrest as a preventive punishment became even more resonant, since, firstly, it is taken to be a blow on the newspaper, and, secondly, is viewed as an infringement of the right of a journalist, moreover, an opposition journalist, to freedom of expression, and as a response to his activities”, the statement by six NGOs says. Not excluding criminal proceedings on the case, the signatories expressed their alarm “at the choice of arrest as preventive punishment, qualifying it as pressure on an independent medium”. The NGO representatives called “to change the preventive punishment, particularly since Arman Babajanian has already demonstrated his readiness to collaborate with the investigative bodies and is not going to impede the investigation in any way”.
On the same day, July 5, a number of media published a joint statement of editors of seven newspapers – “Aravot”, “Azg”, “Chorrord Ishkhanutiun”, “168 Zham”, “Iravunk”, “Haikakan Zhamanak”, ”Taregir”. Although, the statement says, General Prosecutor’s Office attempts to present the case of Arman Babajanian as another example of avoiding military service, there are grounds to believe that this is a demonstrative lesson, intended not for “avoiders”, but for media heads, who are out of governmental control. This is confirmed, the statement runs, by the fact that “the General Prosecutor’s Office thought it necessary to arrest Arman Babajanian, thus finding it impossible to apply a milder preventive punishment”. The editors of seven media reminded that according to the RA Code of Criminal Proceedings, when selecting a preventive punishment, along with other circumstances, the nature of the work that the person charged has: “It turns out that for the General Prosecutor’s Office the position of the Chief Editor of the newspaper is an occupation, not inspiring any confidence, and people exercising such activities can be hiding from the bodies, processing the case, impede investigation, exert illegal pressure on persons, involved in the litigation, commit an action, forbidden by the criminal legislation, avoid criminal liability”. Hence, having listed all the grounds enabling the investigative body to select this or that preventive punishment, the editors of seven newspapers think that in the case of Arman Babajanian they are inapplicable, if for no other reason but because he has already made a confession, as it is confirmed by the official communication. The signatories demanded that the preventive punishment of Arman Babajanian be changed – to a bail or an obligation not to leave the place of permanent residence.
In the issue of July 6 “Zhamanak-Yerevan” informed that a Public Council has been set up to protect the rights of Arman Babajanian.
Meanwhile, recently Armineh Ohanian, who also collaborates with “Zhamanak-Yerevan”, was dismissed from the position of press-secretary of the RA Court of Appeals for Civil Cases. “I was offered a choice – either publications, or the position of press-secretary. I chose the former”, Armine Ohanian told “Aravot” daily (July 1, 2006). “Aravot”, on its behalf, made a supposition that the “last straw” was the article of the journalist about Arman Babajanian.
