Helsinki Citizens' Assembly-Vanadzor

Quo vadis, Armenia? The RA Prosecutor’s Office and the Court consider the guarantees of the dictatorial regime to be valid.

April 26, 2024

Activities | Legal Support | Legal Support

On February 7, 2024, the National Security Service of the Republic of Armenia arrested a Belarusian citizen Maxim Vaitkiavichus, who entered Armenia from Georgia. The Belarusian law enforcement bodies initiated a criminal case against the latter on the basis of draft evasion.

 

On February 9, the Prosecutor’s Office of Tavush region filed a motion to the Court regarding the detention of Maxim based on the fact that Belarusian law enforcement bodies have declared him wanted. As a result, the court grants the motion. Maksim is detained for a period of 40 days.

 

The HCA Vanadzor and Ani Chatinyan, the head of the organization's Legal Department, undertake the defense of Maksim's rights. Chatinyan files an appeal, which is denied. Subsequently, a complaint is filed with the Court of Cassation.

 

Maksim’s detention period was set to expire on March 16. Before that, on March 7,  the Tavush Regional Prosecutor's Office submitted a second motion to the court, stating "detention for the purpose of extradition." The court grants the motion: Maksim is detained for an additional two months.

 

Naturally, Chatinyan files an appeal against this court decision, which, unfortunately, is not granted. Maksim Vaitkevichus remains in detention.

 

At first sight, this usual  legal process has one extraordinary condition, which is not reconcilable with democratic and legal state, what Armenia claims to be. On February 9, 2024, the Deputy Prosecutor General of the Republic of Armenia, E. Avagyan, informed the Prosecutor General's Office of Belarus about the discovery and detention of Maksim Vaitkevichus. In response, the Deputy Prosecutor General of Belarus, N. V. Voronin, replied:

 

The Prosecutor General's Office of the Republic of Belarus guarantees that the request for extradition does not aim to persecute the individual for political reasons, race, religion, nationality, or political views.

 

In other words, the Prosecutor General’s Office of the Republic of Armenia, ignoring the facts of mass and inhumane human rights violations in Belarus (there are hundreds of reports and statements by international organizations, structures, and individual states), are accepting the assurances of the dictatorial regime as a basis, we quote:

 

We guarantee, that Maxim Vaitkevichus will be given all the possibilities to protect his rights in accordance with the international law, including having a lawyer, he shall not be subjected to torture, cruel, inhuman, degrading treatment or punishment. 

 

It should be noted that parallel to these assurances, the employees of power structures visit the relatives of Maxim and threaten that if his relatives file an application  for political shelter, then they will be subjected to the most severe punishment in Belarus.

 

It is also fundamental to the fact that Maxim has oppositional views, because of which he was apprehended  during one of the demonstrations  and detained for 15 days: He has been  tortured, which is recorded by the court of Belarus. In Belarus, no criminal prosecution was initiated against the policemen for torturing Maxim.

 

Thus, a question arises how can Armenia claim to be called a democratic and legal state, when keeps in detention and prepares to extradite a young man , who has been tortured in the same country of extradition.

 

Helsinki Citizens Assembly Vanadzor demands an immediate release of Maxim Vaitkiavichus and rejects the extradition request of Belarus.

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