We are deeply concerned and seriously worried about the criminal prosecution against attorney Nikolay Baghdasaryan initiated by A. Gabrielyan, senior investigator for particularly important cases of RA Investigative Committee’s Regional Investigative Department of Gegharkunik.

Criminal prosecution was initiated against him since in his position as defendant Gagik Geghamyan’s defense attorney, Nikolay Baghdasaryan collected information containing personal secret on witness Tatevik Hovsepyan. The information was later published in media which the pre-trial body viewed as dissemination of personal secret.

We would like to record that according to RA legislation, an attorney is entitled to collect evidence by means not prohibited by law if needed, including evidence containing personal secret. In addition, an attorney who is participant in a trial of a criminal case, has a right to publish any evidence attached to the criminal case if the court did not warn the latter not to publish the document and did not take a written signature from the attorney. In such cases the court is obliged to conduct closed court meeting during which the attorney has a right to publish any document attached to the case.

Initiating criminal prosecution against attorney Nikolay Baghdasaryan on the grounds that he collected evidence and data containing personal secret though he was not warned by court on not publishing the evidence is considered violation of the guarantees for independence of practice of the attorney’s profession.

It should be reminded that practice of the profession of attorney shall be a form of advocacy and the state is obliged to ensure the guarantees stipulated by RA Law on the Profession of Advocate for the attorneys to be able to exercise their power unimpeded.

RA law enforcement bodies’ behavior reaffirms that it is disgraceful to impede the practice of the profession of attorney in the Republic of Armenia through unlawful actions taken by state authorities and to unlawfully exert pressure through criminal prosecution on the people who practice the profession.

Such behavior shall be considered as rejection of implementing obligations undertaken by RA Constitution and international conventions, as well as a process against independence of practicing the profession of attorney.

Based on the above mentioned, we appeal the Armenian authorities, in particular RA Prosecutor General’s Office to return to lawfulness and comply with the rule of law constitutional principle by ensuring implementation of commitments for advocates stipulated by domestic legislation and international obligations and demand that unlawful criminal prosecution against attorney Nikolay Baghdasaryan be stopped and the public be informed about the results.

“Foundation Against the Violation of Law” NGO, Mikael Aramyan, President
"Boundaries of Our Rights" Human Rights NGO, Hasmik Sahakyan, Chair
"Yerevan Center for Protection of Human Rights" NGO, Suren Iskandaryan, Chairman
“Transparency International Anticorruption Center” NGO, Varuzhan Hoktanyan, Executive Director
"Helskini Group of Spitak" Human Rights NGO, Ashkhen Babayan, Chair
“Yerashkhiq” (Insurance) Civil Society Center NGO, Arman Sahakyan, Chairman
"New Generation" Humanitarian NGO, Sergey Gabrielyan, Chairman
“Helsinki Citizens’ Assembly - Vanadzor Office” NGO, Artur Sakunts, Chairman
“Protection of Rights without Borders” NGO, Haykuhi Harutyunyan, President
“Peace Dialogue” NGO, Edgar Khachatryan, President
"Open Society Foundations - Armenia," Larisa Minasyan, Executive Director