Examination of Pashinyan v. Kosh Penitentiary Case Postponed

Imprisoned journalist, chief editor of local daily Haykakan Jamanak (“Armenian Times”) Nikol Pashinyan’s suit against Kosh penitentiary set to begin today at 12 pm at Artik penitentiary was postponed to a later date.

Recall, Pashinayn is asking the Armenian administrative court to overrule a Nov. 16, 2010 decision made by Kosh prison chief to subject him to a penalty.

Earlier, the Epress.am correspondent at Artik stated that journalists weren’t allowed to enter the penal institution without first leaving their photo and video equipment in the car. The reason stated was that this was the judge’s decision.

At the start of the court session, Pashinyan appealed to the judge to allow the media to film and photograph the session. Judge Robert Sargsyan said that he never made a decision to prohibit this. At the end of today’s session, a prison employee, in response to a question by journalists, said “Let the judge tell me to my face that he didn’t make a decision.” Reporters, thus, were unable to confirm who, in fact, made the decision to prohibit audiovisual recording during the hearing.

During today’s session, Pashinyan said that the administrative court doesn’t have the right to hold assizes, since it’s prohibited by court’s rules of procedure — the session has to take place not at Artik, but in the administrative court building. “For me, the venue is not important; it [simply] interests me that everything be according to the law,” he said.

The judge didn’t directly respond to Pashinyan’s query, but simply said, “We have ensured your presence at the court session.”

The imprisoned journalist also noted that the attorney defending his interests in this case is not involved in the process. Judge Sargsyan said that Pashinyan can present a motion during a two-week period on engaging an attorney, after which a new court date will be set.

The judge ruled to postpone the session. Pashinyan was quickly escorted out of the courtroom and reporters didn’t have the chance to get in contact with him. He only raised his fist in the air and said, “Fight, fight till the end” (an oft-heard slogan at Armenian National Congress rallies).

Another court session again involving Pashinyan is set to take place at 2 pm today. In this case,  the opposition journalist is asking the Armenian administrative court to overrule a Sept. 28, 2010 decision made by Kosh prison chief to subject him to a penalty.

Note, Pashinyan was among several prominent opposition figures who went into hiding in March 2008 following a government crackdown on supporters of former president Levon Ter-Petrossian demanding a re-run of a disputed presidential election.

He surrendered to the authorities in July 2009 and was subsequently sentenced to seven years in prison on charges of stirring up “mass disturbances” in Yerevan that left ten people dead. A general amnesty has since been declared and thus, Pashinyan will serve only half of this sentence. The Armenian National Congress considers the case politically motivated.