Jun
10
Freed from prison: But is Lebanese-born Karabakh war hero free to stay in Armenia?
Filed Under ArmeniaNow Weekly
Commander of the Shushi battalion Zhirayr Sefilyan walked free from the Vardashen prison Monday having served out an 18-month jail term for illegally possessing a weapon.
The 41-year-old retired lieutenant-colonel and coordinator of the public initiative “In Defense of Liberated Territories” was jailed in late 2006 under part 1 of Article 235 of Armenia’s Criminal Code (illegal arms possession). But originally he had also been charged with making public calls for a forcible overthrow of government.
The “illegal” weapon that First Degree Combat Cross holder Sefilyan was found to be in possession of was a gift for his services received from the Defense Army of the Nagorno-Karabakh Republic (NKR).
The verdict passed on Sefilyan, in particular, said that the NKR Defense Army had awarded that weapon to Sefilyan with violations and for that reason he was not entitled to keep or carry it.
“It was clear from the very outset that Sefilyan’s arrest had political reasons and pursued the goal of physically isolating and silencing him before the elections,” MP Zaruhi Postanjyan, one of the most outspoken activists of the “Free Sefilyan” campaign, told ArmeniaNow.
Sefilyan was arrested on December 9, 2006. About a dozen employees of the National Security Service (NSS) in balaclavas had entered the Pekin restaurant where citizen of Lebanon Sefilyan and VivaCell CEO Ralph Yirikian were having dinner together with their wives.
Sefilyan, and member of the “Homeland and Honor” party Vardan Malkhasyan and Karabakh war veteran Vahan Aroyan arrested in the same case remained in pre-trial detention on charges of making “anti-constitutional calls” for eight months.
In his last word in court as defendant Sefilyan said that an order had been executed against him.
“This is not a court, this is a theater. Even the most pro-government figure cannot prove that there is an element of crime in our activities. It is an order. The NSS serves the interests of two people – Robert Kocharyan and Serzh Sargsyan.”
Already at large, Sefilyan says the political persecution against him continues unabated.
“But they cannot silence me even if they illegally imprison me for another 20 years, even if continuing their absurd activities they make an illegal decision to deport me,” Sefilyan told ArmeniaNow.
In late May, police turned to an administrative court with a request to allow Sefilyan’s deportation.
According to Sefilyan’s legal representative Vahe Grigoryan, as a substantiation of the application police had asserted that after his jail term expired Sefilyan would remain in Armenia without the right to residence.
However, a week later the court sent back the police application demanding Sefilyan’s deportation with a motivation that the application contained shortcomings.
“After redressing the shortcomings police may resubmit the application to the court at any moment, starting another process with new illegalities,” Postanjyan says.
Sefilyan, who moved to Armenia in 1990, had applied for Armenian citizenship three times, however was denied on all occasions. Sefilyan says his last application for citizenship was not even accepted.
Lawyer Grigoryan says that under law Sefilyan cannot be deported as he has two underage children in his care.
As soon as Sefilyan learned about plans for his deportation from Armenia, he sent a letter to NKR President Bako Sahakyan, stating that he ruled out the possibility of his leaving his homeland and asked for political asylum from the NKR.
Speaking about Sefilyan’s letter, Sahakyan said on May 27 that “it would not remain unanswered.”
Karabakh’s Demo newspaper quoted former NKR deputy foreign minister Masis Mayilyan as saying that there is a possibility of fully or partially meeting Sefilyan’s request.
“Even if we consider Zhirayr’s arrest in 2006 as lawful, then all the same, the law prompts that a person cannot be punished twice for one and the same deed. The rejection of an Armenian patriot’s request to live in his homeland will be a stricter punishment for him than the first punishment that he has already served. And now meeting Zhirayr Sefilyan’s request can have a very important significance. First, with this step Karabakh will show to all Armenians that independently of the political conjuncture Karabahk can be grateful to all those who supported its defense and establishment in one way or another,” Mayilyan concluded.
By Gayane Abrahamyan
ArmeniaNow reporter
Source: http://www.armenianow.com