On October 16, the Office of the Human Rights Defender of Armenia received information through media and social network monitoring that lawyer Aleksandr Kochubayev had been arrested for public statements made on Facebook. It was later confirmed that he is under public criminal prosecution under Article 490(2) of Armenia’s Criminal Code, and has been placed in pre-trial detention for two months.
The Ombudsman, Anahit Manasyan, issued a statement emphasizing that the matter is under her direct supervision.
Manasyan has repeatedly addressed the growing use of inappropriate public speech by members of professional communities, including lawyers. She stressed that beyond setting codes of ethics and conduct, consistent enforcement is crucial. She noted that serious systemic issues exist in Armenia, as disciplinary mechanisms within professional communities are rarely applied to regulate speech that violates ethical norms and human rights standards.
However, Manasyan warned against the notion that all such speech should lead to criminal liability. According to international standards, only the gravest forms of unlawful speech, backed by serious justification, should trigger criminal responsibility, especially if deprivation of liberty is involved.
The Ombudsman stated that prosecuting individuals for speech without offering the public adequate information on how that speech crossed the threshold of public danger is unacceptable. This is particularly troubling in cases involving the use of force and imprisonment.
Without commenting on the legality of the arrest in this or any specific case, Manasyan reiterated concerns about the systemic misuse of detention as a pre-trial measure. She emphasized that detention must only be used when no alternative measure can adequately prevent flight, repeat offenses, or ensure compliance with judicial obligations.
She warned that abuse of detention erodes public trust in the justice system and creates broader systemic problems.
The Ombudsman’s Office has initiated a review of the matter, and, on her directive, representatives have visited the detention facility to meet with Kochubayev for a private conversation. The case remains under the direct attention of the Ombudsperson.
Judge Masis Melkonyan of the Yerevan First Instance Court ordered a two-month detention for lawyer Aleksandr Kochubayev, reportedly due to his criticism of investigators, prosecutors, and judges.
