Those entering Georgia from Abkhazia are breaking the law The family of 25 year-old Arman Ghazaryan took up residence in Russia in 1992. Arman’s parents soon acquired Russian citizenship but Arman is a RoA citizen. He lives in Russia with temporary residency status. This year, Arman decided to come to Armenia. On the way, he wanted to visit his brother’s family vacationing in Abkhazia. Since he has a fear of flying, Arman decided to take the train. He left Moscow for Sochi and from there to Abkhazia. He then travelled to Tbilisi and boarded a minivan headed to the Armenian town of Vanadzor. He never made it to Vanadzor, winding up in the Tbilisi Kldan Jail. On the way from Abkhazia to Tbilisi, Arman asked the van driver if he would encounter any problems. He was told not to worry. It turns out that the Abkhazian exit visa stamped in his passport when leaving the breakaway republic would turn out to haunt him later. When Arman was about to leave Georgia and enter Armenia, a Georgian border guard noticed the stamp and promptly arrested him for violating the border laws. Arman wasn’t aware that Georgia has never officially recognized Abkhazia as a separate country. There are no laws regulating border crossings between the two and Tbilisi essentially does not allow any entry into its country from Abkhazia. Without proper permission, such entry is illegal. Arman never make it to Vanadzor Interestingly enough, Arman crossed into Georgia from Abkhazia without hindrance. The problem arose when he was about to leave Georgia for Armenia. Liana Galoyan, Arman’s aunt in Vanadzor, was waiting for him to arrive on July 7. He never showed up. On the morning of July 8, Arman had already been taken to the Rustavi detention facility. There was no word from Arman for two whole days. Liana Galoyan finally found out where her nephew was through the intervention of Artur Sakunts, who heads the Helsinki Civil Committee branch in Vanadzor. After she requested his help, Mr. Sakunts made some inquiries at the Armenian Embassy in Georgia. The embassy had been immediately informed about Arman’s arrest and was obligated to relay that information to his relatives ASAP. They failed to do so. “We were dying here from worry. The embassy didn’t inform us and Arman couldn’t phone us. At least they should have told us not to worry, we are taking care of the matter,” said Liana Galoyan. Armenian Embassy never contacted family Tbilisi law-enforcement told Arman’s family that the boy was facing 2-4 years for illegally crossing the border. The family suggested the payment of a fine to close the matter but the Georgian authorities balked, saying that such a violation didn’t carry any monetary fine. It was up to the court, they said, to fix any fines or imprisonment. Thinking that the Georgian court might prefer a prison sentence to a fine, the family decided to accept an arbitrated settlement proposed to them before the start of any court case.  According to the settlement, the law-breaker accepts his guilt and a one-year sentence in jail. It would be up to the court to accept or deny the settlement as satisfactory. The family immediately hired a lawyer. They paid $500 up front with a promise to pay an additional $500 in a week. The RoA Embassy and the Foreign Ministry are obligated to protect the interests of RoA citizens abroad. But when Arman’s relatives sought the assistance of the RoA Embassy in Georgia, they were told the embassy could only offer legal help. The Armenian lawyer assigned them immediately made his terms known – “You’ll pay me the same you had paid the Georgian attorney.” Armenian lawyer on the take? The family decided to stick with the Georgian lawyer since the $500 deposit wasn’t refundable if they changed legal counsel in mid-stream. In addition, he was also providing translation services at no additional cost. The Armenian attorney said that similar violations had occurred in the past and that those charged had been released after paying large fines. He noted amounts of 15,000 to 20,000 Georgian Lari. He said that 2,000 Lari wouldn’t be enough. All the while, the Georgian lawyer was talking about 2,000 to 8,000 Lari as being sufficient. Georgian law states that ignorance of the law is no basis for a defense and it was the same in Arman’s case as well. “Does everyone entering Armenia know about our laws? Of course not,” says Mrs. Liana Galoyan, adding, “Georgians often enter Armenia by violating the border. Not all pass through the Satakhlou or Kalinino checkpoints. Many traverse the border by taking the crooked village back roads. Would it be right of us to round them all up? But we don’t, we are overly forgiving.” Arman’s family is concerned; how will the young man survive a year in jail, especially given his poor health. He was given a military deferment for health reasons.  But his health problems couldn’t keep Arman out of jail, spending his days and nights with hardened criminals in the same cell. His relatives have protested such treatment arguing that those who violate the border laws should not be housed alongside common criminals. They argue it just isn’t right to lock-up this innocent young man with real criminals. Two other RoA citizens entered Georgia from Abkhazia just like Arman. One was a woman writer going under the pen—name Artemis, and the other, a young man. They too accepted a one year vacation in a Georgian jail. Mrs. Liana Galoyan says, “My Arman isn’t the first or the last. It’s tragic that such things happen. It’s a neighboring country. So what if he came from Abkhazia? Should those who believe that it too is a nation be punished as well?”