Statement of Human Rights Center about Vahagan Chakhalyan’s Breached Rights

Human Rights Center is concerned with political speculations against Vahagan Chakhalyan, who was released from prison under amnesty law several days ago and calls upon the President of Georgia and parliamentary minority to stop dissemination of purposeful disinformation about him.

President of Georgia Mikheil Saakashvili, leader of the parliamentary minority Davit Bakradze and other representatives of the parliamentary minority associate Vahagan Chakhalyan with grave crimes which he was not accused of. Namely, they claim Chahkhalyan is Russian spy and that he physically assaulted a monastery nun, raided the local eparchy of Georgian Orthodox Church, university and police office, collected weapon for rebel, etc.

In fact, according to the court judgment, Vahagan Chakhalyan was sentenced for less grave crimes, like: Article 226 of the Criminal Code of Georgia(8) , where the court concluded he was guilty for the participation in several sanctioned protest rallies (and not in organizing them); Article 236 Article I of the CCG(9) , where the accused claimed that weapon was planted on him but the court did not accept his testimony; Article 23(10) /Article 239 part II-a .(11)

As you see, none of the aforementioned accusations is punished by imprisonment of more than 3-5 years. However, due to inhuman principle of aggregation of penalties, Chakhalyan was sentenced to ten-year imprisonment for minor crimes.

It is noteworthy that in accordance to the Manual of the nongovernmental organizations (12) and 2012 resolution of the Parliamentary Assembly of the Council of Europe(13) , inadequately grave punishment is one criterion for granting status of a political prisoner to a person.

Two months ago, Human Rights Center petitioned to the Prosecutor’s Office to study irresponsible statements of the leader of the parliamentary minority and interrogate him with regard to false reporting about a citizen of Georgia (see the statement: http://www.humanrights.ge/index.php?a=main&pid=16112&lang=eng)

Human Rights Center believes that Davit Bakradze and other members of the parliamentary minority, as well as the president of Georgia committed a crime when false reporting about the person that is punishable by the national law.  They breach the presumption of innocence of a citizen of Georgia and accuse Chakhalyan of the crime that he had not committed, as the court judgment states.

At the same time, similar irresponsible statements cause fair discontent of multi-thousand Armenian Diaspora in Georgia as it was expressed in the January 26 statement of the Georgian eparchy of the Armenian Orthodox Apostolic Church, where they criticized statements of Mikheil Saakashvili and Vano Merabishvili, secretary general of the National Movement, about the release of the Armenian prisoner.

Vahagan Chakhalyan was arrested in summer of 2008 in Akhalkalaki. On April 7, 2009, Akhaltsikhe district court sentenced him to ten-year imprisonment.

According to the court judgment, Vahagan Chakhalyan was convicted for organized hooliganism, illicit purchase-possession of firearms, weapon and explosives. Short time ago, the aforementioned articles were affected by the Amnesty Law adopted by the parliament of Georgia and Vahagan Chakhalyan left prison. As for physical assault of a nun, the court discharged him from this ungrounded accusation when it discussed his case (in 2009).

Despite concrete accusations in the case materials, Human Rights Center believes Chakhalyan’s criminal persecution was politically motivated and his imprisonment looked like a previously staged provocation. Previous government used to arrest and judge politically active and “unacceptable” people based on similar accusations.

At the moment of detention (2008) Vahagan Chakhalyan was leader and political activist of the political movement Democratic Alliance of the United Javakhk”. Georgian law does not prohibit or restrict the activities of the Samtskhe-Javakheti based organization. Consequently, membership of this organization cannot be considered a crime. (14)

Political statements of Vahagan Chakhalyan were always particularly harsh and unacceptable for the previous government of Georgia. Chakhalyan often organized protest demonstrations with various political requests and Human Rights Center might also not share big part of his political requests. Unfortunately, we have to remind the President of Georgia and parliamentary minority of a simple truth – political affiliation of a Georgian citizen shall not become ground of his criminal prosecution and freedom of opinion and expression is protected by the Constitution of Georgia.

It is noteworthy that during the previous government, Ministry of Justice refused lawyer of the Paris Bar Collegium of French Republic Patric Arapyan to take up Vahagan Chakhalyan’s case and thus breached his right to defense guaranteed by the Article 42 of the Constitution of Georgia and Criminal Procedural Code of Georgia.

Human Rights Center is surprise with the fact that President Saakashvili and parliamentary minority connect Vahagan Chakhalyan’s release with the recommendation of the Armenian Catholicos, whilst Vahagan Chahkhalyan was amnestied and he could not become an exception among amnestied prisoners. Consequently, the law became the motive of his early-release and not any recommendation.

Although working group acting in conjunction with the Parliament of Georgia refrained from inserting Vahagan Chakhalyan in the list of political prisoners and his case was put aside to be additionally discussed together with some other cases, Human Rights Center appreciates his early-release under the Amnesty Law.

We believe, fair court shall study Vahagan Chakhalyan’s case in order to finally answer the questions, which society has with regard to this case.

Human Rights Center

(8)  Article 226 of the CCG: Organizing a group action which grossly disrupts public order or is related to explicit disobedience of the legal requirement of a government representative or which has caused disruptions in the operation of transport, enterprise, establishment or organization, or active participation into such activity,-shall be punishable by fine or by socially useful labour from one hundred and
twenty to one hundred and eighty hours in length or by corrective labour up to two years in length or by restriction of freedom for the term not exceeding three years or by imprisonment similar in length.
(9) Article 236 Part I of the CCG: Illicit purchase or keeping of fire-arms, ammunition, explosive material or explosive device,- shall be punishable by fine or by restriction of freedom for up to a three year term or by jail time up to two months in length or by imprisonment for up to three years in length.
(10)  Article 23 of the CCG: Complicity in the crime shall mean joint participation of two or more persons in the perpetration of the crime.
(11)  Article 239 Part II-a of the CCG: Hooliganism, i.e. the action which grossly violates public order or demonstrates open contempt toward the public, committed under violence or threat of violence perpetrated by a group’s conspiracy shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred hours in length or by corrective labour for up to a two-year term or by imprisonment for the term not in excess of five years.
(12)  http://humanrights.ge/admin/editor/uploads/pdf/EN.pdf
(13)  http://www.humanrights.ge/index.php?a=main&pid=15674&lang=eng
(14)  For additional information: Several organizations operated in Samtskhe-Javakheti region under name of Javakhki for the last few years. Although these organizations were founded at different times and had different leaders, they had equal goals and purposes. During many years, government of Georgia evaluated goals and purposes of these organizations in the context of separatism and this tradition still continues. However, we observe policy of double standard in this view. For example, during parliamentary elections of October 1, 2012 former and acting leaders of Javakhki were actively involved in the pre-election campaign of both National Movement and Georgian Dream. GD’s majoritarian candidate in Akhalkalaki Norik Karapetyan was acting leader of the Javakhki and UNM’s candidate Samvel Petrosyan was former leader of the same organization. The latter won the elections. Very often, leaders of organizations Javakhki have huge influence on ethnic Armenian population of Samtskhe-Javakheti and it is kind of obligation and challenge for every government of Georgia to have constructive cooperation with those people.