Sargis Grigoryan, the manager of GPARTNERS Law Office of Armenia, responded to Armenian News-NEWS.am’s question.

Numerous politicians, public figures, lawyers consider second President of the Republic of Armenia Robert Kocharyan a political prisoner. Are there any international legal documents within the framework of which we can record that Robert Kocharyan is a political prisoner?

It is apparent that second President of Armenia Robert Kocharyan is being subjected to persecutions for political motives and he is clearly discriminated against, for example, to exercise his right to a fair trial. In fact, Robert Kocharyan has also been deprived of the effective means of domestic legal protection for a long time.

Moreover, the “institutional reforms” taking place in the judicial system in Armenia are directly related to Robert Kocharyan’s trial, and they are real and major threats to the rule of law. The principle of separation of powers, which should guarantee judicial independence, has been upset; for example, the current composition and inaction of the Supreme Judicial Council, which run directly counter to several documents of the Consultative Council of European Judges of the Council of Europe.

Article 9 (1) of the International Covenant on Civil and Political Rights provides that no one shall be deprived of his liberty, other than on such grounds and in accordance with such procedure which are prescribed by law. What has been happening since May 20, 2019 to this day confirms that Robert Kocharyan’s fundamental rights, which are also defined by the European Convention on Human Rights, are being grossly and continuously violated; in particular, custody has been applied solely for political reasons; that is, in the absence of committing any crime. The arbitrary detentions of Robert Kocharyan also clearly violate the principles and requirements set out in the UN Commission on Human Rights Resolution No. 1991/42 (later, clarified by Resolution No. 1997/50).

Moreover, Robert Kocharyan is a political prisoner under the 2012 Parliamentary Assembly of the Council of Europe Resolution No. 1900/2012, since deprivation of Armenia’s second President Robert Kocharyan from freedom has been applied in violation of the fundamental rights set forth by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and due to political motives.

In addition, Robert Kocharyan’s imprisonment is a result of unfair trial, which also has political motives.

Lastly, it should be noted that the principles approved by the UN General Assembly Decision No. 43/173 of December 9, 1988 on detention of persons [the principles] reserve the right to maintain that Robert Kocharyan is a victim of denial of justice in Armenia, toward whom arbitrary justice is applied.