Archbishop Mikael says detention is unlawful

PanARMENIAN.Net - Closing arguments were delivered today in the Criminal Court of Appeal in the case of Shirak Diocese Primate Archbishop Mikael Ajapahyan. The cleric stated that he is being unlawfully deprived of his freedom and rejects all charges against him, according to Sputnik Armenia.

Archbishop Mikael has been under house arrest since February 6. He has been allowed to attend Sunday liturgies and receive Holy Communion, but has not been permitted to celebrate the liturgy.

During the hearing, defense attorney Roman Aharonyan stated:

“The article titled ‘A military coup must take place, otherwise Armenia will become Erministan: Ajapahyan’ and the original video source were examined by the Main Department of Armenia’s National Security Service. It was determined that the material did not contain public calls for the seizure of power through the use of communication technologies. No proceedings were initiated in connection with the report. In accordance with the procedure established by law, it was recorded that the circumstances described in the report did not substantiate any act, action, or omission that could reasonably be given a preliminary legal qualification corresponding to an offense under the Criminal Code.”

Another defense lawyer, Ara Zohrabyan, raised the question of whether Ajapahyan’s remarks could be interpreted as either a threat or a call to action. He argued that the cleric was referring to an event from the past and had not issued any appeal regarding future actions.

According to Zohrabyan, Ajapahyan merely expressed his views on war, whereas a public call would require a clear incitement to specific actions, which, in his assessment, was absent.

Archbishop Mikael also addressed the court in his final statement, noting that it was the 356th day since his arrest, and that ten days later a full year would have passed.

“I give glory to God for granting me these wonderful days, with the exception of the intellectual torture inflicted upon me by our beloved prosecutors in the Court of First Instance. I am grateful for the opportunity for reflection, peace, brotherly conversations with Archbishops Bagrat and Arshak, and, during the last four months, for the chance to remain in seclusion. I gladly focused on my spiritual, intellectual and physical well-being. We truly spent wonderful days. They were among the best days of my life—you have nothing to think about because your flock has been separated from you, and you are not allowed to care for it,” he said.

The archbishop stressed that he would not admit guilt.

“I am deprived of my freedom completely unlawfully. I have committed no offense and reject all accusations. I am innocent before the Republic of Armenia and have always been innocent before the Republic of Armenia. I have devoted my entire life to Armenia, and it is insulting to me that I am being tried ‘in the name of the Republic of Armenia,’” the cleric stated.

Ajapahyan also accused the Prosecutor General, the chairman of the Investigative Committee, the Human Rights Defender and the Minister of Justice of lying. He questioned whether those officials would ever be held accountable for what he described as falsehoods and his allegedly unlawful detention.

The case concerns allegations of public calls against the constitutional order, charges that the archbishop continues to deny.

Criminal proceedings against Archbishop Mikael Ajapahyan were initiated under the article concerning public calls aimed at seizing power, violating territorial integrity, renouncing sovereignty or violently overthrowing the constitutional order. He was arrested on June 28.

Later, on February 6, the Court of Appeal replaced his pretrial detention with house arrest.