Founding Parliament (Armenia)

Lawyers for the men told Human Rights Watch that the charges stem from Pre-Parliament's plans to hold a rally in Yerevan on April 24, the day of commemoration of the 100-year anniversary of the Armenian genocide.

According to the men's lawyers, the charges are also based on the Pre-Parliament's booklet, which describes the group's aim of a change of government of Armenia through peaceful means, including civil disobedience.

On April 10, the Kentron Nork-Marash district court in Yerevan approved the investigation's request for remand detention and sent all five men to pretrial custody.

Article 225 of Armenia's Criminal Code, under which the men are charged, prohibits “organizing mass disorder accompanied with violence, pogroms, arson, destruction or damage to property, using fire-arms, explosives or explosive devices, or by armed resistance to the representative of the authorities.” Pre-Parliament's booklet and advertisement for the rally call for civil disobedience and peaceful political change.

Article 9(3) of the ICCPR states that, “It shall not be the general rule that persons awaiting trial shall be detained in custody.” The United Nations Human Rights Committee, which provides authoritative interpretation of the covenant, has determined that bail should be granted except in cases in which there is a likelihood that the accused would abscond, destroy evidence, or influence witnesses.

In light of these concerns, Human Rights Watch called upon Armenia's Prosecutor General's office to:[4] - Independently review the charges, which appear intended to interfere with the Pre-Parliament members’ rights to expression and assembly; - Release all five men from custody, pending a prompt, impartial, and credible investigation into their charges; - Until such time as they are released pending an independent investigation into the charges: - Take immediate steps to ensure that Chugaszyan, Sefilyan, Avetisyan, Manukyan, and Safaryan are held in facilities separate from convicted inmates, and have access to appropriate medical care and independent legal counsel.