Lawyer Ara Zohrabyan announced via Facebook that Armenia’s Court of Appeals has confirmed a violation of Archbishop Mikael Ajapahyan’s right to legal defense by the administration of the penitentiary facility where he is held.
According to Zohrabyan, a harmful practice has taken root in Armenia’s prisons: officials inspect legal documents passed from lawyers to their detained clients, and if deemed unrelated to the criminal case, those documents are confiscated. He raised this concern upon learning that materials he had provided to Archbishop Mikael were examined by detention center staff.
Zohrabyan filed a complaint with the Court of First Instance, which was assigned to Judge Masis Melkonyan, the same judge who ordered the archbishop’s detention. As expected, Melkonyan rejected the complaint.
However, on October 6, 2025, Judge Lusine Abgaryan of the Criminal Court of Appeals overturned the ruling, recognized the violation of Mikael’s rights, and ordered the warden of Yerevan-Kentron penitentiary to take corrective measures. Zohrabyan called this a significant ruling that can help eliminate this “harmful practice.”
The court emphasized that detainees have the right to confidential and unrestricted communication with their lawyer, including holding documents related to their case or legal protection. The administration’s actions violated the right to defense as guaranteed by the European Convention, Armenia’s Constitution, and the Criminal Procedure Code.
Zohrabyan quoted the ruling as saying the presumption of attorney-client confidentiality applies to all forms of communication, including letters or documents, and that prison staff are not authorized to examine or censor such materials.
Archbishop Mikael Ajapahyan was convicted under Article 442, Part 2 of Armenia’s Criminal Code and sentenced to two years in prison, effective from the date of his detention. The charges stem from public calls allegedly inciting the violent overthrow of the constitutional order and usurpation of power, made through media interviews on February 3, 2024, and June 21, 2025. He was arrested on June 28.
