Edik Baghdasaryan, the chairman of the NGO Investigative Journalists of Armenia appealed on October 28, 2004 to the head of the investigative division of the Kentron district police department of Yerevan, Artavazd Ghazaryan, in relation to the September 15, 2004 decision by a senior investigator of the division, Arsen Ayvazyan, to consider him a witness in the criminal case in connection to the assault on Ashot Manucharyan, saying, "Each time I publish an article on the Ashot Manucharyan case, I am called in for questioning."

Baghdasaryan has lodged a complaint against the investigator for the decision to consider him a witness. "Meanwhile," he stated, "I announce that I refuse to give testimony or to reveal my sources of information. I have informed the investigator of my decision as well, and I told him that I would not name any of my sources, first of all taking into consideration the safety of these people. I would like to stress that all the questions by the investigator are aimed at revealing the sources of information. According to Article 5 of the Law on Mass Media, "Journalists and those engaged in journalist activity shall not be required to reveal the source of their information." The law also stipulates that the editorial board or the journalist shall be required to reveal the source of a report only by a court decision if it is necessary in the disclosure of a serious crime. There has been no court decision so far which would have required Edik Baghdasaryan to reveal his source.

A journalist, like any other person, can be called in for questioning. In accordance with Article 86 of the Code on Criminal Procedure, a person may refuse to give testimony only against a spouse or close relative. In all other cases a witness is required to testify - "to report all the information that has become known to him or her in relation to the case and to respond to all the questions posed," otherwise he or she will be subject to criminal liability. According to Article 339 of the Criminal Code, "Refusal to give testimony by a witness or the aggrieved person is punishable with a fine in the amount of 50 to 100 minimum salaries, or correctional labor for up to one year, or with arrest for the term of up to two months." We asked Baghdasaryan whether he is prepared to be subjected to this liability, Edik Baghdasaryan said, "Yes, because the safety of these people is more important to me."

Anna Israelyan
Aravot Daily