OPPOSITION OLIGARCH'S ATTORNEYS FACE INVESTIGATION

C O N F I D E N T I A L YEREVAN 000403

SIPDIS

USDOJ/OPDAT FOR CARL ALEXANDRE AND CATHERINE NEWCOMBE

E.O. 12958: DECL: 06/09/2019
TAGS: PHUM PGOV PREL AM
SUBJECT: OPPOSITION OLIGARCH'S ATTORNEYS FACE INVESTIGATION
AND POSSIBLE DISBARMENT

REF: 08 YEREVAN 369

Classified By: DCM Joseph Pennington. Reason 1.4 (b,d)

SUMMARY
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1. (C) Three Armenian defense attorneys are under criminal
investigation for their conduct while representing two
defendants in a tax evasion prosecution involving a business
owned by a leading opposition figure. The attorneys refused
to participate in the trial after they discovered that the
trial judge had allegedly forged an important court document,
and sought unsuccessfully to have the judge's actions
investigated. The Armenia Human Rights Defender has asked the
Constitutional Court to have the criminal code provision
declared unconstitutional, as it applies to defense attorneys
but not to prosecutors. END SUMMARY.

THREE SLICES TO GO
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2. (C) Armenian defense attorneys Artur Grigorian, Diana
Grigorian, and Ara Zacharian told RLA they fear they will
soon be arrested and charged with the crime of "Disrespect of
a Court," for which they could receive a one month jail
sentence and loss of their licenses. The attorneys were
representing two defendants in the politically-motivated
"Pizza di Roma tax evasion" case (reftel). The two defendants
were a manager and waitress who had worked at a
pizza restaurant owned by oligarch Khachatur Sukiasian, who
publicly supported the opposition candidate in last year's
presidential election and soon found himself hit with
inspections by the tax and customs services.


3. (SBU) In 2008, while the case was pending, the defense
attorneys claimed that a document relating to their clients'
detention had been forged by the trial court. The trial court
denied all defense motions to verify the accuracy of the
document, and the attorneys walked out of the courtroom over
the judge's warning. The case ultimately went to trial, with
substitute attorneys, and the two defendants were convicted.
The police are now investigating the conduct of the
attorneys, but there is no investigation of the conduct of
the judge.


4. (SBU) The Ombudsman of Armenia has applied to the
Constitutional Court to declare the statute on "Disrespectful
Treatment of a Court" unconstitutional, as it applies only to
witnesses, victims, and defense attorneys, not prosecutors.
In so doing, it constrains the ability of the defense to
forcefully represent its client while imposing no such
constraint on prosecutors.


5. (SBU) The Chairman of the Criminal Division of the
Cassation Court of Armenia had forwarded the defense
attorneys' complaint against the judge to the Prosecutor
General, but the investigation was modified such that it
became an inquiry only into the attorneys' conduct, with no
investigation into their allegations against the judge. This
same Cassation Court Chairman later approached the defense
attorneys and inquired whether they would accept an offer to
withdraw the case on a non-acquittal basis, meaning that no
charges
would be pursued but the defense attorneys would not be
exonerated. The defense attorneys have refused this offer of
leniency.

COMMENT
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6. (SBU) This investigation into the defense attorneys is the
latest in a series of measures designed to ensure that the
defense bar "knows its place," i.e., that everyone is
entitled to a vigorous defense as long as it does not
interfere with the prosecution and conviction. Although the
criminal penalties for "disrespectful treatment" are
relatively lenient (one month's incarceration),it can also
result in the attorney losing his license to practice law.
Accordingly, it has a true chilling effect on the defense
bar; defense attorneys must always watch what they say. USDOJ
will raise this issue at its next judicial conference,
scheduled for July, in which two US federal judges will
engage with their Armenian counterparts. END COMMENT.
YOVANOVITCH