Houry Mayissian
More than a week since the Gyumri killings, the city and Armenia at
large are still struggling to come to terms with the heinous crime that
wiped out an entire family. As the massacre’s youngest victim,
six-month-old Seryozha Avetisyan succumbed to his injuries on Monday,
many questions remain unanswered; chief among them – what happens to the
culprit?
Immediately after the tragic event, angry protests broke out in
Gyumri, demanding that Permyakov be handed over to the Armenian justice
system. However, announcements made by Russian and Armenian officials
indicate that this is unlikely to be the case.
A statement by Armenia’s Office of the Prosecutor General first cited
the Russian Constitution that bars the extradition of a Russian citizen
to a foreign country. Questions about how and why Permyakov appeared
and remains in Russian custody aside, it is incomprehensible why a
representative of Armenia’s justice system would refer to the Russian
Constitution in relation to a crime committed on Armenian soil.
Facing mounting pressure from the public while in Gyumri, Prosecutor
General Gevorg Kostanyan then gave assurances that Permyakov will be
tried in Armenia but shied away from promising that he will be
prosecuted in an Armenian court. The best he could offer protestors in
Gyumri was a promise to appeal to his Russian counterpart asking for
Permyakov’s handover. It is unclear what steps Kostanyan has taken
since.
The 1997 bilateral treaty between Russia and Armenia that established the terms under which the Russian 102nd
military base is stationed in Gyumri, states that soldiers who commit
crimes outside the confines of the base are subject to Armenian law. The
same treaty upholds Russian jurisdiction over crimes committed within
Russian military facilities in Armenia, a clause that has been cited as
one justification for not handing over Permyakov, given that the latter
also deserted his base just before allegedly committing the crime.
In essence, however, the criminal’s handover is not about what legal
frameworks apply and which loopholes can be exploited. It is about
Armenia’s leadership (finally) speaking out for its people; it is about
respect between two nations; it is a matter of pride, dignity and
justice for a nation too often overlooked by its own government and too
often coerced by its more powerful neighbor.
While the country mourns, protests and demands answers, the silence
of its leaders has been deafening. Save for a few meagre announcements
that expressed condolences and urged restraint, the President, the
government, the political parties have, by and large, been silent;
silent and absent.
There has been no condemnation, no outrage, no genuine sympathy.
Attempts to declare a national day of mourning have been dismissed. And
when the people of Gyumri bid farewell to the Avetisyan family at a
sombre funeral service, there was no one standing by their side to share
their pain and to assure them that Armenian citizens are safe in their
homeland, that answers will be provided, that this won’t happen again in
a city that has already suffered so much loss.
If the intent of the silence has been to not upset Russia, ironically
it has proved counter-productive as evidenced by the protests held
outside the Russian diplomatic representations in Yerevan and Gyumri as
well as the Military Base itself. If it has simply been a matter of
incompetence, then sadly, that’s a tragedy of its own.
The Armenian government needs to speak up for its people. Rather than
citing the Russian constitution, it has to do everything in its power
to ensure Permyakov’s handover. Rather than curbing protests, it should
provide the people with a sense of security and assurances that justice
will be served. Whatever the end result may be, the people of Armenia
need to know that their government made every effort possible on their
behalf.
The Russian government too has a role to play. At this point in time
in particular, it needs to demonstrate respect for the wishes of a
deeply wounded nation, an ally and neighbour, and hand over the soldier
responsible for the killings without any further delay.
It is not the first time that a citizen of one country is found
guilty of committing a crime in the other. In July 2013, Hrachya
Harutyunyan, a citizen of Armenia working as a truck driver in Russia,
crashed his vehicle into a bus, resulting in the unfortunate death of 18
people. Shortly after his arrest, Harutyunyan was brought before a
Russian courtroom dressed in women’s clothing, the humiliating photos
causing much anger in Armenia. Harutyunyan is currently serving a
six-year prison sentence in Russia. It is impossible to not compare the
action and reaction in each case.
No, the handling of the Permyakov case is not about jurisdiction. For
the people of Armenia, it is about instilling justice and restoring the
dignity of Armenia. It is about ensuring that Armenia’s relationship
with Russia be based on mutual respect and understanding – not merely on
a cold calculation of national interests.
"The Armenian Weekly," January 20, 2015
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