ARMENIAN GOVERNMENT DETAINING 97 PERSONS FOLLOWING

C O N F I D E N T I A L SECTION 01 OF 03 YEREVAN 000208

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/10/2018
TAGS: PGOV ASEC CASC PREL PHUM KDEM AM
SUBJECT: ARMENIAN GOVERNMENT DETAINING 97 PERSONS FOLLOWING
MARCH 1 CRACKDOWN


YEREVAN 00000208 001.4 OF 003


//// Z D S - CORRECTED DUPLICATE PARA MARKING FROM 4 TO 3 - Z D S ////

Classified By: CDA JOSEPH PENNINGTON. REASON 1.4 (B/D)

SUMMARY
--------------

1. (C) The GOAM began arresting political opponents even
before the disputed February 19 Presidential election, though
the pace accelerated during the ten days of demonstrations at
Freedom Square and again following the March 1 crackdown.
While many detainees were quickly released, as of March 10
there are approximately 100 persons imprisoned. Two more
prominent LTP lieutenants, campaign manager Alexander
Arzumanian and ANM party chairman Ararat Zurabian, were
arrested March 10. President-Elect Serzh Sargsian and the
Prosecutor General continue to blame demonstrators for the
riots and casualties on March 1-2 and appear intent on
holding them legally responsible for the events. End Summary.

OVER 160 ARRESTED TO DATE
--------------


2. (C) Since January the GOAM has seemingly detained at least
160 persons on a variety of charges. The Prosecutor General
announced on March 11 that to-date 73 persons had been
arrested (which in Armenian jurisprudence means not merely
detained, but actually charged) as a result of their
activities between the election and the crackdown. The
National Security Service is reportedly holding 18, with no
charges yet filed against 17 of them. One has been charged
with
slander against high-ranking officials. The others are being
held at a variety of local jails. Announced charges so far
include "organization of mass disturbances accompanied with
violence, mob actions, arson in malice,
destruction of the state and private property, armed
resistance to the representatives of the authorities with the
use of firearms, explosives, different objects used as
weapons and murder in Yerevan in the period between
February 20 and March 2, 2008." We requested by diplomatic
note March 5 a complete list of persons charged in relation
to the election and related post-election crimes (including
the riots of March 1-2),but so far have not received a
comprehensive reply from the GOAM. Various GOAM agencies
have reported news piecemeal of various arrests and
investigations, but have not publicly confirmed the names of
the majority of individuals which the opposition claims have
been arrested.

NOTEWORTHY ARRESTS
--------------


3. (C) In the days after the February 19 election, while
demonstrations were being held in Freedom Square, GOAM
authorities arrested/detained at least 45 persons, including
the following:

- Gagik Jangiryan - former deputy Prosecutor General (who had
been the lead prosecutor involved in investigating the
September 27, 1999 Parliament shootings). He resigned
shortly after the election to protest its fraudulent
conduct and then, together with his brother, was arrested
February 23 and charged with illegal possession, use and
distribution of firearms. They are still being held.

- Aram Karapetyan, Chairman of the New Times party, arrested
on February 24 and charged with "slander against high-ranking
officials."

- Smbat Ayvazyan, member of the Republic Party's political
council, and former Minister of State Income, arrested
February 24 and charged with "violence against an official."

- Ten bodyguards of Khachatur Sukiasian, the only oligarch to
have supported Levon Ter-Petrossian, were arrested on
February 24. Eight were subsequently released, while two
remain in custody, charged with "illegally carrying a
weapon."

- Suren Surenyants, a member of the opposition Republic
Party's political council. He was arrested on February 25
after leaving Freedom Square, charged with "illegal
organization and conduct of a rally."

- Armenak Karagyozyan and Gagik Yeghyazaryan, two campaign
managers for Levon Ter-Petrossian in the Malatia-Sebastia
district of Yerevan, arrested and taken to the police
headquarters on February 28 without explanation.

Overall, there are 18 arrested between February 19 and
February 28 who are still in custody.

YEREVAN 00000208 002.4 OF 003


//// Z D S - CORRECTED DUPLICATE PARA MARKING FROM 4 TO 3 - Z D S ////

FOLLOWING THE CRACKDOWN
--------------


4. (C) According to LTP campaign information, which has been
partially verified by independent sources, over 110 persons
have been detained since the March 1 crackdown, and
approximately 73 remain in custody. These include the
following:

- Alexander Arzumanian, former Armenian Foreign Minister and
current campaign manager for Levon Ter-Petrossian (LTP),and
Ararat Zurabian, chairman of the Armenian National Movement
(ANM),were arrested March 10. According to their lawyer,
both are likely to be charged with seeking to "usurp power"
in the wake of the February 19 election. (NOTE: ANM was
LTP's political party while he was president, and remains the
party closest to him, but he is no longer formally an ANM
member. END NOTE)

- At least six board members of the Armenian National
Movement, and five others involved in LTP's campaign.

- Four members of Parliament, Hakob Hakobian, Myasnik
Malkhasian, Khachatur Sukiasian and Sasun Mikaelian, had
their parliamentary immunity stripped by
Parliament last week to enable criminal cases to be
initiated. Hakobian and Malkhasian are in police custody,
while Sukiasian and Mikaelian are fugitives.

- Petros Makeyan - Chair of the Democratic Fatherland party
and Ashot Zakaryan, former chief of the Gyumri police, both
arrested February 25 for interference with the work of the
election commission (Note: these are the only two detainees
charged with election-related violations, and both are
associated with opposition parties, rather than with the
Republican party that was responsible for the vast majority
of electoral violations. End Note).


5. (C) Authorities have also indicated their intention to
arrest Nicol Pashinian, editor-in-chief of the newspaper
Haykakan Zhamanak, who helped lead the demonstrations at
Freedom Square, for instigating public unrest on March 1
and calls for coup d'etat. We believe Pashinian to be in
hiding. We have heard from several sources that last week
police searched Pashinian's apartment (without a warrant).
We have also heard (though from less reliable sources),that
Pashinian's wife told a reporter that a police officer
attempted to plant a pistol in the apartment. (Note: There
is credible evidence that on March 1 Pashinian did in fact
incite demonstrators to engage in violent confrontations with
police. End note).

THE RANGE OF CHARGES
--------------


6. (SBU) The most frequently-used charges leveled against the
detainees have included the following Articles of the the
Criminal Code:

- 225: Massive disorder involving organization,
implementation, or conduct of such disorders accompanied with
murder;

- 225-1: Organization and conduct of illegal massive events;

- 235: Illegal possession, use, and distribution of guns,
weapons, or explosives;

- 258-3: Intentional delinquency;

- 300: Usurpation of power;

- 316: Violence or threat of violence against an official or
his/her relative;

- 325: Falsification, dissemination, or use of false
documents, stamps, car plates, etc.;

- 333: Slander against high-ranking officials.

Each of these offenses carries a potential sentence of 5-10
years imprisonment.


7. (C) Access to detainees by attorneys and family members
has reportedly been mixed. While some family members and
lawyers have been allowed to visit detainees, NGOs and
political parties have in other cases claimed that
detainees have been abused and their relatives and lawyers

YEREVAN 00000208 003.4 OF 003


//// Z D S - CORRECTED DUPLICATE PARA MARKING FROM 4 TO 3 - Z D S ////

denied access.

COMMENT
--------------


8. (C) Although some of the detainees may have been engaged
in genuinely criminal activity, the large number of
opposition party members and supporters suggests that this is
largely a campaign to punish and intimidate current and
potential opposition members -- especially key party
management and organizers. We have expressed concerns to key
government interlocutors that several of the Criminal Code
articles cited above (particularly articles 300 and 333) are
worryingly vague and must not be used to criminalize
legitimate political speech, however obnoxious that speech
may be. Our belief is that authorities intend to use
expansive interpretations of these criminal code provisions
to prosecute and imprison key members of LTP's inner circle
and party organizers, in the hope that depriving LTP of his
cadre of middle-management will knock down the opposition's
ability to organize protest rallies. This strikes us as
wrong on both principle and tactics, and an approach that
will only increase public anger, rather than promote
reconciliation with LTP's constituency.
PENNINGTON