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Garo Yegnukian: "What is most incomprehensible is the position of the US Ambassador to Armenia"
Elmone Yegnukian, daughter of jailed Founding Parliament member Garo Yegnukian, issued the following letter, written by her father behind bars, to the local press. Garo Yegnukian is awaiting trial on charges of aiding and abetting the armed Sasna Dzrer group in the July seizure of a Yerevan police station and the taking of hostages. On October 7, Yegnukian went on hunger strike to protest the inhumane conditions of his detention and the trumped-up charges levied against him.
The political persecution against me by the authorities has been going on for almost five years and has deep roots. It all started when I decided to provide my three-story building, on Alek Manukyan Street, to be freely used by Founding Parliament and other civil society activities that needed the space. In addition, I started becoming active in a number of civil initiatives, which naturally did not please the authorities.
The real persecutions against my family and myself began after my active participation for the preservation of Mashtots Park and Tzatzkatz Shuka (enclosed market). Within a few days, there were two attacks on my two vehicles. In one instance the four tires of one vehicle were slashed and in the second instance the hood of my car and the mirrors were violently broken. For my participation in the Founding Parliament, my third vehicle was set on fire furthermore, during the terrorizing attacks perpetrated by the authorities in Berdzor, all three of my vehicles were badly damaged.
For over a month, a large poster depicting my picture and containing statements which were discriminatory; and incited violence and hatred, was hang in the front of Tzatzkatz Shuka. Despite my many protests, not a single action was taken by the authorities to stop this criminal act. During the same period my family members and I were followed and intimidated to create an atmosphere of fear. All of the above terrorizing feats were realized and sponsored by the authorities.
More recently many friends and “people in the know” were trying to persuade me to sell all of my assets in Armenia and go back to the US before something happens to my family or my property is “taken” from me. They kept telling me to “think about my four daughters”! Naturally some of these people genuinely wished me well however most were sending me a “message”. As the saying goes ‘where there is smoke there is fire”. This line of activity is well known and common in Armenia as many diaspora Armenians who have attempted various investments in Armenia have been treated similarly.
The authorities for some time have been trying to find an excuse to get rid of me on the thesis that if the individual does not exist then the problem is gone. Because I did not engage in businesses and so-called “dark” financial enterprises, the authorities did not have the levers to isolate me or limit my activities. Sasna Tsrer incident finally provided the authorities the excuse to isolate and punish me by false accusations.
Since I had committed no criminal acts, I was accused on trumped up charges of dissemination of information, organizing the free assembly of people and aspiring to provide radio communication. Despite the accusations, to date no evidence whatsoever has been provided. I am charged with assisting in keeping police members hostage however no one is actually charged in keeping police members hostage. I am charged with assisting in the illegal occupation of buildings but no one is charged with the illegal occupation of buildings. Effectively there are no criminals but I am charged in assisting to these not existing criminals!
The courts have ordered pre-trial detention of two months and now have extended it by another two months without any basis. When my lawyer has asked on what basis is the assumption that I may impede on the investigation, the judge has not mentioned the basis but has stated that it is still in investigation. Even the prosecutor did not bring any evidence except to say that they are under investigation and that they are “secret” and cannot be presented to the courts. The courts also rejected precedent setting high bail amount and ignored letters of recommendations and motions from over thirty individuals including members of parliament, previous human rights ombudsmen and prominent members of Armenian society.
Recently, the President of RA, in some circles, while discussing my case has mentioned that I am a national security threat! If there is even the slightest evidence to make such an assertion it should be made public. If not, then my only conclusion is that the President is on a personal vendetta. Furthermore, such a statement by the President preempts the assumption that I am innocent until proven guilty. In addition, he is also avenging my brother who had the “audacity” to criticise the president on the issue of political prisoners in Armenia during one of President’s appearances at Columbia University in New York. During the same appearance the President had also stated that Shant Harutyunyan “has committed a criminal act”; thus preempting his guilt prior to being proven guilty in court.
What is most incomprehensible is the position of the US Ambassador to Armenia, who represents the US government. On numerous occasions I have asked and even pleaded with the ambassador to make a statement regarding the systematic abuse of the pre-trial detention system in Armenia and in particular for my case. I have never asked the ambassador to make a statement regarding my guilt or innocence, but only regarding the abuse of the pre-trial detention, something that the US State Department has already done in its annual report.
During my detention, my only direct contact with the US Embassy has been Adam Colvin, Vice Consul, who last visited me on the fifth day of my hunger strike. He did not even have the decency to ask how I was feeling, but insisted and repeated that the Embassy is in no position to make any statements. His position was not fact based and incomprehensible since the ambassador himself, in letters to us, has stated that the Embassy will make a statement if any one of the following three conditions exists:
1) If there is evidence that I am being politically persecuted;
2) If there is violation of due process as prescribed by Armenian Laws and International Treaties; and
3) If I am being discriminated based on my US Citizenship
I and many other individuals and organizations have written numerous letters proving that all three conditions are in play. To date we have received no response that disputes our assertions except for the case of Mr. Mironov, as proof of discrimination, for which we have been told that the cases are not comparable.
The US ambassador has discussed my case with the President of RA who apparently has told the ambassador that any statement by the ambassador will be counterproductive and in fact may hurt my case. In addition, the ambassador in one of his letters has shared with me that he has discussed the issue of making a statement with his team as well as members of the Armenian government. The fact that there were discussions whether to make or not to make a statement further illustrates that the ambassador was in a position to make a statement but has refused to do so. If he was not in a position to make a statement, then why were there discussions particularly with the members of the Armenian government? Since when does the ambassador of the only super power in the world, request permission from local authorities to make a statement about one of its citizens? Nevertheless, for unknown reasons, the ambassador with his team has decided that a statement regarding me will be counterproductive and in fact may hurt my case, as Serzh Sarkisyan has “advised”.
To date, it is not clear to me the nature of the discussions with the authorities, what was told to the ambassador and on what basis the ambassador, “trying to protect me” has not made a public statement. Although in his letter the ambassador mentions that he has met with the Chief Prosecutor, Chief of Investigative Unit, Minister of Justice and the Human Rights Ombudsman regarding my case; unfortunately, he fails to inform me about what they have told him. In effect, everybody has been discussing my case however I am kept in the dark regarding those discussions.
Since there was no public statement forthcoming on the issue of illegality of my pre-trial detention, I pleaded with the ambassador to come forward on a humanitarian basis and write a letter to the court asking for my release on bail. Since the initial decision to implement pre-trial detention against me was based on the premise that Sasna Tsrer still occupied the buildings; the situation has now changed and releasing me on bail would have been substantiated. Therefore, a letter from the ambassador would have been purely a humanitarian act with no legal or political intervention. Unfortunately, the ambassador did not even take that step and again without an explanation.
I am certain that the ambassador realizes that the authorities are on a road of vengeance and reckoning with me and will keep me locked up for as long as they can or wish. It can extend to a minimum of three years even if I am found innocent by the courts (one-year pre-trial detention and two years during trial) or in worst-case scenario up to 20 years if found guilty. I see only two options to stop this great injustice, (the third option of political prisoners going through the legal system has over the years been proven to be futile) the first is that the ambassador (meaning US Government) makes a public statement regarding the abuse of pre-trial detention and refusal of bail is unjustified while at the same time pressuring the authorities to release me and the second is regime change and consequently the release of all political prisoners.
The fact that the ambassador, knowing well the situation, is doing nothing is telling me that there is a sinister political collusion. I am hopeful the Embassy will review its stand and will take the just position in line with US history of fighting for the principles of justice, liberty and equality.
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