Today the fifth court session of the Case of Seven will be held, however as a matter of fact the court trial hasn’t started yet. During the first session on December 19 the defending side has only managed to make 3 proposals to judge Mnatsakan Martirosyan on self-resignation, two of which have been denied.
During the following three sessions no action has taken place and the third proposal remained without response. Martirosyan has constantly delayed the trial because political prisoners Alexan Arzumanyan, Sasun Michaelyan, Myasnik Malkhasyan, Hakob Hakobyan, Shant Harutyunyan, Suren Sirunyan and Grigor Voskerchyan wouldn’t react on the statement, “On your feet – the Judge is coming!” And the Case of Seven immediately has undergone a deadlock. The fact that the mentioned 7 prisoners wouldn’t get on their feet gave the government grounds to claim that the opposition is lingering the court process. We tried to find out how it will be possible to take the situation out of the deadlock and also reveal which side actually impedes the court process. In the opinion of the president of the Helsinki Association Mickael Danielyan there is no serious accusation in the case of seven and that is the reason why the government doesn’t know how to start the trial. “The government and the judge are trying to stretch time. I don’t understand why they need to do this. I don’t agree that it is the government and the opposition that are trying to stretch the court trial. Even if it is so the judge may apply sanctions. He may apply fines and attach to the case and continue the trial,” says Danielyan. The coordinator of the supporting center of political prisoners Armen Khachatryan also has the same opinion. In his words the opposition cannot prolong the court trial at least because of the reason that the judge delays the court sessions and that authority belongs to the judge. “Vice versa during the last court session the representatives of the case of seven made a statement that they are the most interested in the quick verdict of the court. The judge simply doesn’t wish to respect the court order; he is trying to make the “on your feet, the judge is coming” statement is being converted into an imperative provision, which in fact doesn’t coordinate with the requirements of the law. Even if it turns out to have an imperative character and is a disrespectful attitude to the court the judge may apply sanctions and define penalties for the defending side. However, the judge during all the three court sessions finds it a basis to delay the court process,” says Khachatryan. Another human right defender Avetik Ishkhanyan thinks that the political prisoners have appeared in a status of hostages between the opposition and the government. “The impression is that the government doesn’t find enough political will to release the prisoners, who are not accused of concrete crimes as required by the PACE. I can even bring examples – Petros Makeyan, Vardges Gaspari, Smbat Ayvazyan and others. Perhaps on the other hand the government doesn’t wish to do so in order not to show its weakness. Besides that the government could have divided its struggle into two parts. On one hand they are struggling to release the political prisoners and on the other hand they are struggling to against the government. The impression is that the political prisoners are stuck in between of the internal conflict of the government and the opposition. Perhaps the government wishes that it gets rid of the case of 7 soon and perhaps they may offer amnesty to the prisoners but it seems that this whole process fits in the agenda of the opposition. Both the opposition and the government consciously work to ensure that the PACE deprives Armenia of its vote,” says Ishkhanyan. All the mentioned three people, who were interviewed by us, agreed that the case of seven entered a deadlock but were not able to answer what means should be applied to save the situation. Danielyan thinks that during the court sessions the fact that the prisoners wouldn’t get on feet is a normal protest action and nothing too serious. “It is up to their will and right,” adds the human right defender. Ishkhanyan also thinks that the government is applying these means to ensure its position at the PACE by blaming the opposition of its behavior of impeding the judicial process. Our interviewees also blamed the government of banning the presence of journalists at court trials and instead fill the court halls with shaved-head bodyguards and law-enforcers. “The government considers the behavior of the opposition at the court as a protest action and therefore apply the means they would apply during rallies and demonstrations,” says Ishkhanyan. “Show must go on,” says Freddie Mercury. The government is organizing a show but they are having a hard time to make it successful,” says Danielyan.