CRIMINAL CASES OVER TEARGAS USE LATE BUT WELCOME

UNCLAS SECTION 01 OF 02 YEREVAN 000523 SENSITIVE SIPDIS E.O.12958: N/A TAGS: PGOV PHUM PREL KDEM KJUS AM SUBJECT: CRIMINAL CASES OVER TEARGAS USE LATE BUT WELCOME REFS: A)YEREVAN 429 B)YEREVAN 398 C)YEREVAN 395 D)YEREVAN 390 E)YEREVAN 388 F)YEREVAN 382 G)YEREVAN 372 ¶1. (SBU) SUMMARY: Armenia's Prosecutor General (PG) has launched criminal proceedings against four police officers accused of improperly using teargas against opposition protesters in the March 1-2, 2008 crackdown on post-election demonstrations that left ten persons dead. Though a welcome development, this action occurs after 16 months and the imprisonment of over 150 protestors, during which time not one member of the security services has been held accountable for last year's post-election carnage. Some analysts and victims' family members have dismissed the PG's actions as a face-saving measure intended to blunt the impact of a soon-to-be released report by the ad hoc Parliamentary Commission examining the events of March 1-2 that is expected to prove embarrassing to the PG. End Summary. ¶2. (SBU) HEAD OF RIOT PROBE HAILS CASES AGAINST COPS' INEPT TEARGAS USE: On July 16, Prosecutor General Aghvan Hovsepian announced the launching of criminal proceedings against four police officers who allegedly fired at opposition demonstrators with Cheremukha-7 teargas grenades from dangerously close distances, leading to the death of three civilians and the injury of three more. The PG accuses the policemen of violating the Armenian Criminal Code concerning "special means usage," by employing Cheremukha-7, and through the abuse of their official competence. ¶3. (SBU) On July 17, Samvel Nikoyan, a senior pro-government MP leading the Ad hoc Parliamentary Commission investigating last year's post-election turmoil in Yerevan, welcomed the Prosecutor General's (PG) decision, saying "It is better late than never." He added that the investigation will determine whether criminal proceedings will extend to the commanders who ordered their subordinates to use the outdated equipment. Earlier this year, Nikoyan cited a letter from the Russian manufacturer of the Cheremukha-7 grenades which stated that they must not be fired at point-blank range. ¶4. (SBU) JUST FOLLOWING ORDERS? Meanwhile, Andranik Kocharian, a member of the opposition Armenian National Congress (ANC) and a member of the now-dissolved fact-finding commission (Ref B),said that all actions of subordinate officers, including the selection of the Chermukha-7 grenades, followed specific orders from commanders. "The orders were illegal and those who executed them also knew that Cheremukha-7 was not foreseen for use in open territories. In fact, they executed illegal orders. If those who executed the orders are to be prosecuted now, then all those who issued those orders must be prosecuted as well," concluded Kocharian. ¶5. (SBU) FEARING RELEASE OF DAMNING FACT-FINDING REPORT, PG BOWS TO PACE: The new criminal investigation is being released shortly before the Ad hoc Parliamentary Commission's report on the events of March 1-2, which Samvel Nikoyan told Emboff would be published soon. It appears to be a response to paragraphs 8 and 9 of PACE Resolution 1677, which criticized the infighting of the GOAM's politicized (and now disbanded) fact-finding group, lamented the PG's fruitless investigation into the ten deaths, and requested published conclusions detailing the findings of the Ad hoc Parliamentary Commission. ¶6. (SBU) VICTIMS' FAMILIES UNHAPPY WITH TEAR GAS MISUSE CHARGE: Family members of those killed through the misuse of Cheremukha-7 tear gas grenades have voiced their dissatisfaction with the new investigation. When the Special Investigative Service (SIS) in April launched a criminal case against opposition demonstrators for the deaths of fellow demonstrators, the plan was to charge them with premeditated murder, family members noted. Now that police are the targets of an investigation for the same deaths, the charges are much less serious. Sarkis Kloyan, the father of victim Gor Kloyan, 28, asked "What happened that they changed premeditated murder into 'mishandling the riot equipment?' We want them to change the charge to premeditated murder. My son was killed by a shot fired at point blank range." Alla Hovannisian, mother of Tigran Khachatrian, 23, who was also killed by a Cheremukha-7: "It is a fabricated case and has been launched not to punish the murderers, but to do something before the Council of Europe, and later give amnesty to these four police officers." She condemned what she sees as a high-level cover-up to help the commanders avoid responsibility. ¶7. (SBU) COMMENT: Analysts contend the PG's investigation is making a show of holding some March 1 perpetrators to account in order to deflect the embarrassment that will likely follow the publication of the Commission's findings. They also highlight the fact that, even though criminal cases have been initiated, no policemen have yet been charged in the deaths of the ten persons that resulted from the crackdown. Analysts warn that even if these officers are charged, they will most likely be amnestied once attention has turned elsewhere. GOAM authorities could then present this as an example YEREVAN 00000523 002 OF 002 of holding police officers accountable without having them suffer any real consequences or launching investigations of more senior officials. END COMMENT YOVANOVITCH