
ArmInfo.The Board of the Chamber of Advocates of Armenia has condemned the removal of lawyer Yerem Sargsyan from the proceedings concerning Gagik Tsarukyan, leader of the Prosperous Armenia Party (PAP) and businessman.
According to a statement issued by the Chamber of Advocates, the Board reviewed an application submitted by the lawyer on July 24 regarding the violation of his rights, as well as the conclusion issued on July 27 by the Commission for the Protection of Advocates' Rights of the Chamber of Advocates of Armenia.
"Following the review of the above, guided by the requirements of Article 10 of the Law of Armenia 'On Advocacy', the Board of the Chamber unanimously decided: to condemn actions that contain threats of disclosing attorney-client privilege and signs of interference with the professional independence of the lawyer. Specifically, this includes the removal of lawyer Yerem Sargsyan from participation in the proceedings without a direct statutory and duly justified basis; summoning him for interrogation as a witness in the same criminal proceeding; demanding information constituting attorney-client privilege; and conducting or planning to conduct actions regarding the lawyer's office, residential premises, property, or information carriers that could lead to the disclosure of attorney-client privilege," the Board stated.
The Board of the Chamber of Advocates called on the body conducting the criminal proceedings to immediately review the legality and validity of the decision to release Sargsyan from participation in the proceedings and to refrain from questioning the attorney regarding circumstances that became known to him in connection with the provision of legal assistance or an appeal to him for such assistance; Refrain from conducting a search or other examination of a lawyer's office, residence, vehicle, property, or digital media if such actions relate to circumstances related to the exercise of legal practice.
"We also call for the complete inviolability of documents, digital data, and communications media containing attorney-client privilege, the necessary measures to restore and effectively ensure the right of the accused to defense by a lawyer of their choice, and the provision of at least a level of public accountability that, without compromising the legitimate interests of the preliminary investigation, will address the legitimate concerns of the legal community and the public," the Board noted.
The Board demanded that the Armenian Prosecutor's Office, within its constitutional authority, exercise due oversight over the legality of actions that infringe on the rights of a lawyer, attorney-client privilege, and the right to defense.
Furthermore, the legal association demanded that the Human Rights Defender (Ombudsman) of Armenia, national and international human rights organizations, and Armenia's international partners keep the current situation under close scrutiny, and, if necessary, respond and assist in preventing the recurrence of such incidents. "The Board will continue to monitor developments and, within its competence, take measures aimed at ensuring the independence of the lawyer, preserving attorney-client privilege, and effectively implementing the right to defense," the Board of the Chamber of Advocates of Armenia concluded.
Recall, on July 22, Sargsyan was summoned to the Investigative Committee for questioning as a witness in the Gagik Tsarukyan case. According to him, the investigators justified the summons by saying that one of the defendants in the case, an Iranian citizen, testified that he was present at several of their meetings with Tsarukyan.