Armenia's HRD Criticizes Arrest of Lawyer for Speech

The Office of the Human Rights Defender of Armenia has strongly criticized the decision to initiate criminal prosecution against lawyer Aleksandr Kochubaev and to detain him for two months. The lawyer was arrested for a public post on the social network Facebook, based on which prosecution was initiated against him under Article 490, Part 2 of the RA Criminal Code (publishing discrediting information about a judge, prosecutor, or investigator). In a statement issued on behalf of HRD Anahit Manasyan, it is noted that although the Defender has repeatedly raised the issue of the use of unlawful speech in various professional communities, including the legal community, the fight against it should be conducted through disciplinary mechanisms operating within the communities, which are almost not applied in Armenia.

At the same time, the Human Rights Defender considers the logic of subjecting someone to criminal liability for speech to be fundamentally unacceptable. "According to international standards, criminal liability can arise only for the most severe types of unlawful speech and in the presence of weighty justifications, let alone applying a measure of restraint or punishment in the form of deprivation of liberty," the message says.

According to the Defender, law enforcement agencies are obliged to present clear justifications to the public as to why a specific post has crossed such a high threshold of public danger that it requires depriving a person of liberty.

Referring to the application of detention, the HRD reaffirmed its position that it should be an extreme measure and applied only when alternative preventive measures are insufficient. "The abuse of the institution of detention, in turn, can seriously damage trust in the entire chain of criminal justice and cause other systemic problems," emphasizes the Defender.

It is noted that a discussion of the issue has been initiated at the HRD's initiative, and representatives will visit the penitentiary institution to have a private conversation with Aleksandr Kochubaev. The HRD has promised to keep the topic in the spotlight.