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Human rights

Karapetyan's Detention Deemed Unlawful by International Lawyer

Strategic Insights

— 1 min read

Internationally recognized lawyer Geoffrey Robertson has released a statement condemning the prolonged detention of Samvel Karapetyan, asserting that it "blatantly violates fundamental human rights and freedoms." Robertson argues that Karapetyan's initial remarks, in response to a public question, framed the attack on the Church as an attack on the people and did not constitute incitement to violence or criminal activity. Robertson further stressed that Karapetyan made no call to overthrow the government by force and that the Armenian Criminal Code's Article 422 requires proof of such a call, which is lacking in this case.

Key Takeaways:

  • Samvel Karapetyan has been in pretrial detention for over 100 days without a clear legal basis for the charges.
  • The charges against Karapetyan are based solely on two public statements he made in response to a public question, which do not constitute incitement to violence or criminal activity.
  • The Armenian Criminal Code's Article 422 requires proof of a call to seize power or violently overthrow the constitutional order, which Karapetyan did not do.
  • The detention and charges against Karapetyan are in clear violation of fundamental human rights, including Article 10 of the European Convention on Human Rights.
  • The European Court of Human Rights' case law protects broader criticism of governments, particularly on matters of public interest.
  • The trial and appeals courts failed to address the lack of legal grounds for the charges, denying bail to Karapetyan.

Statistics:

  • Over 100 days have passed since Karapetyan's initial detention on June 17.
  • Karapetyan has been charged under Articles 290, 296, and 422 of the Armenian Criminal Code, with the prosecutors adding a new count under Article 296, part 3, points 2 and 3, on October 13.
  • The charges are based solely on Karapetyan's two public statements, which he has never denied.

Sources:

  • [Source 1] Geoffrey Robertson's statement (no date)
  • [Source 2] The European Convention on Human Rights, Article 10
  • [Source 3] The Armenian Criminal Code, Articles 290, 296, and 422
  • [Source 4] The European Court of Human Rights, case law protecting broader criticism of governments

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