US embassy cable - 05YEREVAN1036

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 001036 
 
SIPDIS 
 
DEPT. FOR EUR/CACEN, DRL 
 
E.O. 12958: DECL: 06/15/2015 
TAGS: PREL, PHUM, PGOV, AM 
SUBJECT: ARMENIAN OMBUDSMAN UNDER FIRE 
 
REF: YEREVAN 1028 
 
Classified By: DCM A.F.Godfrey for reasons 1.4 (b,d). 
 
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SUMMARY 
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1. (C) On May 26, Armenian National Security Service (NSS) 
investigators arrested Serob Antinyan, an assistant to the 
Armenian Ombudsman Larissa Alaverdyan.  Antinyan later 
confessed to accepting a bribe.  Alaverdyan privately 
acknowledges Antinyan's guilt but claims the heavy-handed 
investigation extends beyond Antinyan to a government 
"campaign" designed to further discredit her office, rein in 
her powers, undercut her criticism of the government's human 
rights record, and harass her associates.  Recent GOAM action 
has limited Alaverdyan's authority and, she asserts, portends 
a faltering GOAM commitment to an independent Ombudsman.  End 
Summary. 
 
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THE ARREST 
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2. (SBU) On May 26 officials from the Armenian National 
Security Service (NSS) arrested Serob Antinyan, an assistant 
to Ombudsman and Human Rights Defender Larissa Alaverdyan. 
Antinyan confessed to accepting a USD 300 bribe from a local 
restaurant owner for dropping a public disturbance (loud 
music) case.  The NSS, reportedly tipped off by the 
bribe-offering restaurant owner, arrested Antinyan after 
weeks of surveillance.  (Note:  The same reports allege 
Antinyan originally demanded USD 500, but the restaurant 
owner haggled to reduce the cost to USD 300.  End Note.) 
Public television coverage included hidden surveillance 
footage of the payoff and arrest.  Alaverdyan claims the NSS 
released the footage to intentionally discredit her office. 
 
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THE SEIZED COMPUTER 
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3. (C) Alaverdyan told us that on the night of the arrest NSS 
officials raided her office and seized Antinyan's computer 
without a warrant.  According to Alaverdyan, NSS head Gorik 
Hakobyan told her that investigators would use the 
information from the seized hard drive exclusively to assist 
in the Antinyan investigation.  Alaverdyan claims, however, 
that security officials, acting on information they could 
only have gained from the computer, immediately began 
harassing an independent law firm to which she refers human 
rights complaints.  Though we have no evidence directly 
linking the harassment with the confiscated computer, lawyers 
at the firm told us aggressive security agents began 
threatening them the day after the computer was confiscated. 
 
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ALAVERDYAN'S ACCUSATIONS 
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4. (C) Alaverdyan privately acknowledges to us she believes 
Antinyan is guilty.  She asserts, however, that the manner in 
which the NSS conducted its investigation resembles "methods 
used under the Soviet regime," as part of a "campaign" 
targeting the independence of the Office of the Ombudsman. 
NSS direct involvement in a case which has nothing to do with 
national security, she said, is unjustified.  She cites a 
series of additional initiatives, both executive and 
judicial, as further evidence of the GOAM's faltering 
commitment to protecting human rights and the independent 
ombudsman, including a May 2005 Constitutional Court ruling 
restricting the Ombudsman's authority to intervene directly 
in open legal cases and presidential control of appointments 
to her office.  (Note:  The latter issue is under discussion 
as part of the current package of draft constitutional 
amendments per reftel.  End Note.) 
 
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COMMENT: WADING THROUGH THE ACCUSATIONS 
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5. (C) While Alaverdyan has not presented concrete proof to 
support her accusations of a government "campaign" to silence 
the Office of the Ombudsman, we believe her persistent and 
public criticism of the government's human rights record has 
likely spurred attempts by officials to undercut her powers. 
Through her very public clashes, Alaverdyan has improved her 
credibility with local and international human rights NGOs, 
perhaps in an effort to boost her own "Fund Against Violation 
of Law," an NGO she continues to actively support despite 
clear conflicts of interest.  We will continue to emphasize 
USG support for an independent and effective Human Rights 
Defender in our conversations with GOAM interlocutors. 
EVANS