On January 19, Nikol Pashinyan, editor-in-chief of pro-opposition Haikakan Zhamanak Daily, was sentenced to seven years in prison for organizing mass disorders during the opposition protests on March 1-2, 2008, following the disputed presidential election in February 2008. At least 10 people died and hundreds were injured in the clashes between government forces and protesters who challenged the official results that gave victory to current president Serzh Sargsyan. Pashinyan, an active supporter of former president Levon Ter-Petrosyan’s bid to challenge Sargsyan’s planned ascension to power, went into hiding and turned himself in on July 1, 2009. This was one month before the deadline given to all fugitives by the parliament-approved presidential amnesty, which secured the release of around 30 opposition activists. 

Pashinyan’s conviction sent new shockwaves, refreshing debates about the circumstances of the March events and the continued stand-off between the opposition and governing forces. It also raised concerns about possible discriminatory treatment, mainly for two reasons. First, in spite of calls of the Parliamentary Assembly of the Council of Europe (PACE) to allow persons coming out of hiding “to remain free pending the duration of their trial if they present themselves to the authorities before July 31, 2009”, Pashinyan was detained and remained in custody throughout the trial. Controversially, another fugitive opposition supporter, businessman Khachatour Suqiasyan who is sought on the same charges as Pashinyan, presented himself on September 2, 2009. This was almost one month after the amnesty deadline, but he was set free after signing a pledge not to leave the country. Suqiasyan’s trial has not yet taken place. Second, Pashinyan did not benefit from the amnesty – as did other opposition activists tried on similar charges – due to the imposed 7-year sentence term which was well above the 5-year eligibility threshold defined in the amnesty act.

Pashinyan maintained a high profile in politics by regularly writing in his paper and website while in hiding and in custody. His prominence was further enhanced when he announced his decision to run for the deputy seat in constituency N.10 in downtown Yerevan, left vacant after Suqiasyan had renounced his mandate. His bid was supported by the Armenian National Congress (ANC) opposition bloc. The January 10 vote registered a very low turnout, and the official results announced the victory of the pro-government candidate Ara Simonyan from the National Unity Party with 6,850 votes. Pashinyan, whose appeal to be released during the election campaign was denied by the court, received 4,650 votes. The opposition reported numerous irregularities and at least one case of physical violence against prominent ANC member Petros Makeyan. Print and on-line media reported cases of obstructing the work of journalists.

The U.S. Embassy in Armenia, the only foreign mission that deployed observers, denounced instances of fraud and intimidation. “Embassy observers found numerous irregularities, including intimidation of voters, verbal and physical threats directed at journalists and observers”, said the embassy spokesman. Recounts in two precincts largely confirmed the official results and the Central Electoral Commission (CEC) registered Pashinyan’s rival as Member of Parliament on January 15. The representatives of the Armenian Revolutionary Federation-Dashnaktsutiun and Heritage Parties to the CEC refused to sign the final protocols. Pashinyan’s representatives filed a case with the Constitutional Court on January 21, demanding to have the vote invalidated.

The court verdict, which came nine days after the polls, refocused attention on Pashinyan. The opposition Armenian National Congress sharply condemned the verdict, stressing that the release of those who did not personally commit violent acts during the March events was a key demand in PACE resolutions. Boris Navasardyan, the chairman of Yerevan Press Club, a major Yerevan-based media watchdog, stated to the 7or.am on-line news portal that the conviction proved the aim of the authorities was to silence political opponents instead of looking for a common agenda of cooperation. Moreover, on January 26, 12 NGOs made a statement calling the verdict an act of "political persecution" and demanded the release of Pashinyan. Ombudsman Armen Harutiunian declined to comment, maintaining his stated policy of non-intervention in the decisions of the judiciary. His earlier report on fair trials based on the results of trial monitoring that also included March-related cases, gave only a general account of the affairs. A more detailed report, with a specific focus on the March trials, is yet to be released by the OSCE’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR).

During a currently imposed freeze on public rallies declared by the ANC leaders, the opposition’s hopes are again directed to the international community, more specifically the Parliamentary Assembly of the Council of Europe, the only institution that has been closely involved in tackling the crisis. With such prospects in sight, the Pashinyan case is likely to stay on the domestic and international agenda and continue to fuel antagonism between the authorities and opposition.