According to the information received by the South Caucasus Network of Human Rights Defenders, Arshaluys Hakobyan, member of the Helsinki Association and press photographer of the official website of the organization (www.hahr.am), was arrested on 5 June 2009 after he, as a representative of the Armenian Helsinki Association, had observed the elections of the Mayor of Yerevan on 31 May 2009. Accusations were brought against him according to Article 316, part 1 of the Criminal Code of Armenia (Showing Resistance against the Law Enforcement Bodies).

We, the undersigned organisations, call for the immediate release of Arshaluys Hakobyan. His detention contradicts Article 5 of the European Convention to which Armenia is a party. We ask the Armenian authorities to conduct a prompt and impartial investigation in relation to the allegations of mistreatment of Mr. Hakobyan by the Police Department of Kentron District and bring the responsible to justice, as stated in Article 12 of the UN Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment.

Background information

On 31 May 2009, Mr. Hakobyan, together with other observers from the Armenian Helsinki Association, were prohibited to monitor the polling station No. 8/23 of Malatia-Sebastia District, Yerevan. The observer group was taken out from the polling station, and the door was locked. Afterwards, they were warned about physical punishment. Later, Mr. Hakobyan made a statement addressed to the Special Investigation Department of the Office of Prosecution General of Armenia regarding the incident.

In the morning of 5 June 2009 he was called and asked to visit the Investigation Department in order to give his testimonies. Mr. Hakobyan refused to go without official summons. Later, two policemen visited Mr. Hakobyan at his home, went to the bedroom, woke him up and handed the summons to him. The document contained no information about the person who called Mr. Hakobyan to visit the Investigation Department, or about the criminal case. The paper was not signed and the status of Mr. Hakobyan was not mentioned. As a result, Mr. Hakobyan refused to sign the paper saying that it was illegal. Nevertheless, the Police officers forced him to sign the “summons”.

The police officers took him to the police station by force. In the Police Department of Kentron District in Yerevan, Mr. Hakobyan was subjected to beatings and inhuman treatment. Afterwards policemen handcuffed him and took him to the Investigation Department of Kentron District. Criminal charges were brought against Mr. Hakobyan according to Article 316, part 1 of the Criminal Code of Armenia. After being questioned in the Investigation Department, Akobyan was taken to the pre-detention cell. In the evening of 6 June the Court of the First Instance of Kentron and Nork-Marash districts decided to grant the motion of investigators and chose the arrest as his preventive punishment. 

We remind the Armenian authorities about the provisions of Article 1 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present.”

Sincerely,

The Norwegian Human Rights House (on behalf of the following NGOs):

– The Human Rights House Foundation
– The Norwegian Helsinki Committee
– The Norwegian Tibet Committee

Human Rights Centre of Azerbaijan 

The Helsinki Foundation for Human Rights, Poland

The Human Rights Centre, Georgia

Belarusian Human Rights House in exile, Lithuania

Russian Research Centre for Human Rights (on behalf of the following NGOs):

–    Human Rights Network Group
–    Independent Psychiatric Association of the Russian Federation
–    Moscow Centre for Prison Reform
–    Moscow Helsinki Group
–    Mother’s Right Foundation
–    Non-violence International
–    Right of the Child
–    Right to Live and have Civil Dignity
–    Social Partnership Foundation
–    Union of the Committees of Soldiers’ Mothers of the Russian Federation

Human Rights House Sarajevo (on behalf of the following NGOs):

–   Association of Female Citizens "Renaissance"
–   Foundation CURE
–   Helsinki Committee for Human Rights in Bosnia and Herzegovina
–   Regional Co-ordinator for Youth Groups
–   Serb Civic Council – Movement for Equality – The Council of the Sarajevo Canton
–   Woman and Society Centre

Copies have been sent to:

– Delegation of the European Commission to Armenia, Georgia and Azerbaijan
– Office of the Commissioner for Human Rights in the Council of Europe
– UN Special Rapporteur on the Situation of Human Rights Defenders – The OSCE/ODIHR, Human Rights Focal Point, Warsaw  – The Ministry of Foreign Affairs, Norway
– The Royal Norwegian Embassy in Moscow
– The Steering Committee on Foreign Affairs in the Norwegian Parliament
– Human Rights House Network