Amsterdam: The use of criminal justice tools against political opponents cannot be presented as protecting democracy

ArmInfo.  The use of criminal justice tools against political opponents in Armenia cannot be presented as the protection of democracy. Robert Amsterdam, founder and managing partner of Amsterdam&Partners LLP and attorney for the leader of the "Strong Armenia" bloc, said this while commenting on the arrest of Arsեն Gevorgyan, the "Strong Armenia" candidate for head of the Stepanavan community.

"Detaining an opposition candidate several days before the election and then continuing to tell the world about Armenian democracy — this is the contradiction we are witnessing in Armenia today. Armenian Prime Minister Nikol Pashinyan has once again personally entered the election campaign: public instructions are being issued at the prime ministerial level, and hours later the law enforcement system takes action against an opposition force just days before the election. This modus operandi is already painfully familiar in Armenia:  the use of criminal justice tools against political opponents cannot be presented as the protection of democracy," Amsterdam wrote on his Facebook page.  He noted that when the head of the executive branch sends political signals followed by law enforcement actions, the very boundary that, in a democratic state, should separate political power from the law enforcement system is placed under threat. "And even if we assume that there is information about a possible case of electoral bribery that warrants investigation, this still does not answer the most important question: why did the need to deprive an opposition candidate of his freedom arise precisely several days before the election? An accusation is not yet guilt. Where is the presumption of innocence? Where is the right to personal freedom? And what prevented the investigation from being conducted using methods that would not have effectively removed the candidate from the election campaign?" the attorney asked.

According to Amsterdam, this is a particularly acute issue during an election period, since any coercion by the state can directly affect the conditions of political competition. "Democracy is not a statement by the prime minister on Facebook. Democracy is not merely acknowledging the fact that elections are being held.  Democracy is the restriction of power by law and the right of a political opponent to compete freely with those in power. Pashinyan cannot speak about democracy endlessly and, every time he faces a political challenge, put its fundamental principles to the test. The law is not a weapon of political power," the attorney concluded.

It should be recalled that on October 21, Armenian Parliament member Andranik Gevorgyan from the opposition "Strong Armenia" faction reported on his Facebook page that mass searches and detentions of supporters of businessman Samvel Karapetyan’s "Strong Armenia" movement had been taking place in Stepanavan since early morning. The Anti-Corruption Committee of Armenia said that 14 people had been detained on charges of "giving electoral bribes, aiding and abetting in this, as well as accepting bribes." One of them was Arsen Gevorgyan, the "Strong Armenia" candidate for head of the Stepanavan community.  It later became known that a court had ordered his detention for a period of two months. Another 5 people were placed under either two-month detention or house arrest.

Notably, a day before the aforementioned events, Armenian Prime Minister Nikol Pashinyan urged citizens and candidates for community heads in the elections to local self-government bodies (LSGBs) who were being pressured by the ruling "Civil Contract" party to write to him personally. But by that evening, he himself had begun threatening representatives of the opposition forces. It should be noted that all this is taking place ahead of the local self-government elections in Stepanavan, which will be held on October 25.