Second judge declines to hear criminal case against Armenian Catholicos

By Lia Avagyan

A second judge has declined to proceed with the criminal case against Catholicos of All Armenians Karekin II and six senior clerics, sending the case to a Yerevan court over questions about territorial jurisdiction.

Judge Serzh Rushanyan made the ruling during a hearing on Friday in Vagharshapat. He said the indictment against Karekin II does not specify where the alleged offense took place.

The decision follows the recusal of Judge Hakob Manukyan at the case’s first hearing, also held in Vagharshapat, on Aug. 7. Manukyan said his previous work as a lawyer could raise questions about his impartiality. The case was reassigned to Rushanyan on Aug. 10.

Also read: Armenian Catholicos appears in unprecedented criminal trial as judge recuses himself

Unlike at the first hearing, Karekin II and the six other defendants did not attend Friday’s session. The Catholicos personally appeared at the Aug. 7 hearing, marking the first time in modern Armenian history that the head of the Armenian Apostolic Church appeared as a defendant in criminal proceedings.

Rushanyan said an incorrect determination of jurisdiction could later provide grounds for an appeals or cassation court to overturn a ruling and could also expose the judge to disciplinary proceedings.

He also noted that the location of the alleged offense was specified in the charges against the other defendants but not in the charge against Karekin II.

The prosecution, Rushanyan said, would need to clarify whether the omission was a technical error or reflected an unresolved circumstance, and whether the charge could be amended. The judge therefore ordered the case transferred to the Yerevan Court of First Instance of General Jurisdiction under territorial jurisdiction rules.

Rushanyan said he was not seeking to avoid hearing the case and would resume proceedings if a jurisdictional dispute ultimately resulted in the case being returned to him. “If, as a result of the dispute, it is decided that this case is returned to me, we will meet at the next court hearing,” he said.

Background

Karekin II and six members of the Armenian Apostolic Church’s Supreme Spiritual Council are charged with deliberately obstructing the enforcement of a lawful court decision through the use of their official positions. The dispute stems from Karekin II’s January decision to remove Bishop Gevorg Saroyan, the former primate of the Masyatsotn Diocese. Saroyan challenged his dismissal in court.

A court in Armavir later ruled that Saroyan should remain in office while the lawsuit was pending and barred the Church from obstructing the exercise of his duties or his control over diocesan finances.

Despite the ruling and a formal notification from Armenia’s enforcement service, Karekin II and the Supreme Spiritual Council later decided to defrock Saroyan. Prosecutors say the decision deliberately circumvented and violated the court order.

The Armenian Apostolic Church has rejected the prosecution’s position, arguing that the appointment and removal of bishops are matters governed by canon law and fall outside the jurisdiction of state courts.

International religious bodies and human rights organizations have also criticized the prosecution. The World Council of Churches, Armenian Church institutions abroad, Forum 18 and six U.N. human rights experts have raised concerns about state interference in Church affairs, religious freedom and due process. 

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