Lawyer jailed on libel charges

Armenian lawyer Alexander Kochubayev has been placed in pre-trial detention for a two-month period, his attorney Roman Yeritsyan said.

Judge Masis Melkonyan of a Yerevan court approved the detention request submitted by prosecutors.

Kochubayev, known for representing clients in high-profile cases, was detained and arrested on October 16 on libel-related charges.The Investigative Committee stated that Kochubayev is charged under Article 490, Part 2 of the Criminal Code, which pertains to "publishing defamatory or otherwise harmful information about a judge, prosecutor, or investigator that infringes upon their rights or lawful interests in connection with their legitimate official or professional activities."

The charges appear to relate to a strongly worded statement the lawyer posted on social media earlier in the day, in which he allegedly insulted prosecutors and law enforcement agencies in connection with the ongoing prosecution of a clergyman.

Kochubayev’s attorneys have rejected the accusations, arguing that his statement does not constitute a crime under the Criminal Code.

Human Rights Defender Anahit Manasyan reacted to the detention. Her office said that she is looking into the case.

The Ombudsperson has stated that there are significant issues regarding libel within professional communities, stressing the need for consistent enforcement of ethical standards to prevent the use of defamatory public statements. 

At the same time, she warned that not every such case can lead to criminal liability, emphasizing that pre-trial detention without bail should be reserved for very serious cases where the suspect poses a flight risk or a danger to the public. Manasyan cautioned against the overuse of the practice of jailing defendants without bail. 

Manasyan has dispatched her representatives to visit the jailed lawyer.