ABRUPT SHAKE-UP AT ARMENIA'S CASSATION COURT

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 000773

SIPDIS

DEPT FOR EUR/CARC

E.O. 12958: DECL: 09/20/2018
TAGS: KJUS PGOV PREL AM
SUBJECT: ABRUPT SHAKE-UP AT ARMENIA'S CASSATION COURT

YEREVAN 00000773 001.2 OF 002


Classified By: DCM Joseph Pennington, for reasons 1.4 (b/d).

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SUMMARY
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1. (SBU) The Head of Armenia's Cassation Court Hovhannes
Manukian abruptly resigned September 16 and was subsequently
replaced September 17 by one of his deputies, Arman
Mkrtumian, who chaired the Cassation Court's Civil and
Administrative Chamber. Local media have speculated as to
the reasons for the unexpected upheaval, alleging that
President Sargsian wanted someone personally loyal to him in
the key position. On September 19 Manukian refuted this
speculation in an interview with one of Armenia's online news
agencies. A senior presidential staffer told CDA September
17 that Manukian had been forced to resign due to his
tolerance for corruption. END SUMMARY.

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REVOLVING DOORS AT CASSATION COURT
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2. (SBU) The highest legal instance in Armenia, the Cassation
Court considers appeals against verdicts by the country's
courts of first instance, the review courts (appellate
courts),and administrative courts. On September 16,
Hovhannes Manukian abruptly tendered his resignation as
Cassation Court Chairman, which President Sargsian
immediately accepted. Manukian, who was appointed to his
position by ex-President Robert Kocharian in June 2005,
provided no immediate explanation as to the reason for his
decision to step down, avoiding any public comments right
before or after his resignation. On September 17, President
Sargsian swiftly moved to replace Manukian, signing a decree
and appointing Arman Mkrtumian, Chairman of the Cassation
Court's Civil and Administrative Chamber, to the post.
(NOTE: Mkrtumian was one of Manukian's two immediate
deputies in this position. The other deputy chairs the
Criminal Chamber. These chambers review cases sent to the
Cassation Court to determine their eligibility for the
court's consideration. END NOTE.)

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SHAKE-UP STOKES OPPOSITION RUMOR MILL
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3. (SBU) According to the Hraparak (Square) opposition daily,
Serzh Sargsian viewed Manukian as a Kocharian loyalist, and
was waiting for an opportune moment to replace him. The
daily also alleged that judicial personnel harbored severe
disdain for Manukian and his corrupt, totalitarian ways.
Moreover, Manukian is said to have enjoyed poor relations
with Armenia's Prosecutor-General Aghvan Hovsepian and
Justice Minister Gevorg Danielian. Hraparak predicted that a
criminal case will be launched against Manukian, to be
followed by a highly publicized prosecution in order to give
credibility to Sargsian's public commitment to clean up
corruption.


4. (SBU) Another opposition daily, Haykakan Zhamanak
(Armenian Times),argued that Manukian was sacked because of
his alleged pro-opposition leanings. These apparently
surfaced in a June 27 interview with Haykakan Zhamanak where
Manukian spoke about the violent March 1 events and is
reported to have said that his respect for his countrymen had
grown as a result of the clashes. He said he took heart from
the fact that people were ready to fight for their beliefs,
regardless if they diverged from one another's. The daily
went on to speculate that Manukian resigned just before the
March 1 criminal cases are to enter the Cassation Court, and
that he was not prepared to go along with the questionable
original verdicts.

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MANUKIAN REFUTES MEDIA SPECULATION
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5. (U) In a September 19 interview with the independent
online news service Panorama.am, Manukian refuted the motives
for his resignation as assigned by the media. Manukian said
the March 1 cases did not play a role in his decision,
stating the cases "have nothing to do with me, " asserting
that they had not come under Cassation Court review.
Manukian declared that personal reasons were behind his
decision -- "I would like to change my sphere of activity" --
and noted that he had stated this in his resignation letter.
When Panorama.am also cited insufficient legal reforms under
his watch as a possible motive for resigning, Manukian
admitted that the reforms "had some gaps and shortcomings,"

YEREVAN 00000773 002.2 OF 002


but also had "positive sides" as well.

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JUDICIAL COMMUNITY'S REACTION TO SHAKE-UP
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6. (C) Our judicial sources say that Mkrtumian is a bona fide
legal professional who is highly qualified and experienced.
His appointment has already been warmly welcomed by Armenia's
Defense Bar (Chamber of Advocates) and Armenian judges at
various levels. His predecessor on the other hand was widely
thought to be a corrupt loyalist of the ex-President who
faithfully carried out his directives. By contrast, Manukian
was neither liked nor respected by the legal community, and
was known for a boorish, bullying style on the bench as well
as for his corruption (hardly unique in the Armenian
judiciary).

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SARGSIAN'S JULY ADDRESS A PREVIEW OF THE SHAKE-UP?
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7. (C) On July 10, President Sargsian gave a congratulatory
address on the 10th Anniversary of the Court of Cassation.
In his speech at the Court, he emphasized that the greatest
discontent in Armenian society is with the judicial system,
and people's greatest demand is for justice. He pointed out
that he would be watching vigilantly to see whether judicial
independence was infringed, and whether Armenian judges and
courts acted above the law. Senior presidential staffer
Misha Minasian referred to the address in a September 17
conversation with CDA in which he asserted that President
Sargsian had forced Manukian to resign because of his
tolerance for corruption. "The President gave a warning,"
Minasian said, "and Manukian obviously didn't get the
message." Minasian cited the sacking as more evidence of
Sargsian's commitment to reform and determination to restore
the credibility of the judiciary.

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COMMENT
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8. (C) Manukian's resignation constitutes yet another
shake-up of top law enforcement and judicial bodies that has
occurred since President Sargsian assumed power. As has
become the custom, both pro-government and pro-opposition
forces rush to issue their spins on what these shake-ups
mean. With the former arguing that they are examples of
Sargsian's commitment to reforms and the latter contending
they are merely appointments of Sargsian loyalists, it often
is difficult to get to the facts behind the shake-ups. Our
first impression is cautiously positive on the news, even if
the main motivation, as we suspect, is to push out a
Kocharian appointee from the senior position. In the end,
the only true litmus test is how the new appointees act in
their new roles. END
COMMENT.

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BIO NOTE
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9. (SBU) Forty-eight years old, Arman Mkrtumian was born in
Yerevan and graduated from Yerevan State University's law
department. In 1989-1995 he worked in the
Prosecutor-General's Office as Head of the Civil Control
Department. From 1996-1998 he was the Deputy Head of the
Legal Service at the National Assembly (Armenia's unicameral
parliament). He has occupied the post of Chairman of Civil
and Administrative Chamber of the Cassation Court since 1998.
END BIO NOTE.
YOVANOVITCH