DEFIANT JUDGE ‘NOT PUNISHED FOR LANDMARK RULING’
By Ruzanna Stepanian and Ruben Meloyan
Radio Liberty, Czech Republic
Sept 24 2007
Justice Minister Gevorg Danielian insisted on Monday that a judge
in Yerevan is risking dismissal not because of his unprecedented
decision to acquit two businessmen controversially imprisoned by the
Armenian authorities.
A group of trial attorneys, meanwhile, voiced support for Pargev
Ohanian, a judge in the court of first instance of the city’s Kentron
and Nork Marash districts, saying that his ouster would deal a heavy
blow to judicial independence in Armenia.
The presidentially appointed Council of Justice will meet on Wednesday
to consider punitive measures against Ohanian which is sought by the
Judicial Department, another government-controlled body monitoring
the work of Armenian courts. The department claims that Ohanian broke
the law in his rulings on nearly two dozen criminal and civil cases.
In an interview with RFE/RL last week, the judge implied that he is
paying the price of his July 16 verdict that cleared Gagik Hakobian,
the owner of the Royal Armenia coffee packaging company, and one of
its top executives, Aram Ghazarian, of controversial fraud charges.
The two men had been arrested in October 2005 after publicly accusing
senior Armenian customs officials of corruption.
Speaking to RFE/RL, Danielian denied any connection between the
disciplinary action and what was a rare court ruling going against
the wishes of law-enforcement authorities and the National Security
Service (NSS) in particular. "This is a mere coincidence," he said.
"Whether or not the [July] ruling is unfounded will be determined by
further judicial proceedings [at the Court of Appeals.] That ruling
can be overturned."
Danielian claimed that Ohanian’s activities came under scrutiny months
before the sensational acquittal condemned by prosecutors.
"Nobody could predict then what the judge will rule [on the Royal
Armenia case,]" he said.
But several prominent lawyers strongly disagreed with this, saying
that the Armenian authorities fear that Ohanian’s verdict may have
set a dangerous precedent for other judges who normally endorse
accusations leveled by prosecutors.
"The majority of Armenian judges, including those with a 30-year
work experience, have never passed single not-guilty verdict,"
said one of them, Hayk Alumian. "In order to present rosy reports
to European structures, the authorities probably allowed courts to
hand down a few not-guilty verdicts a year. But as this case shows,
even those few acquittals are under strict control."
"The question is not Pargev Ohanian’s future on the bench," said
another attorney, Ara Ghazarian. "The question is whether or not
there is justice in the Republic of Armenia."
The freed businessmen, who may still be sent back to prison by
the Court of Appeals, insist that the fraud case against them was
brought by the NSS in retaliation for their refusal to engage in a
fraud scam with senior customs officials and its decision to publicly
expose widespread corruption within the Armenian customs. They say
the authorities feared that their example could encourage other local
entrepreneurs to challenge the reputedly corrupt government agency.
President Robert Kocharian reportedly expressed his displeasure with
the Royal Armenia men’s acquittal at a meeting with senior judges held
just days after Ohanian’s judgment. Under the Armenian constitution,
the president of the republic appoints and can fire virtually all
judges at the recommendation of the Justice Council.
While denying any pressure on Ohanian, Danielian chided the defiant
judge for implicitly alleging government retribution. "Ohanian should
defend himself not in the media but at the Council of Justice,"
he said.