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subordinates to use the outdated equipment.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

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of holding police officers accountable without having them suffer
any real consequences or launching investigations of more senior
officials. END COMMENT

YOVANOVITCH