Jehovah Trial: Believer cleared for a second time of allegat

[MosJan]

Jehovah Trial: Believer cleared for a second time of allegations that he recruited children

By Nara Markossian

ArmeniaWeek reporter

Amid extraordinary scenes, a court has cleared a leading Jehovah's Witness of allegations that he recruited children into the religious organization.

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Lyova Margarian (pictured center) faced up to five years in prison if the Court of Appeal in Metsamor City had found him guilty. A lower court had already cleared him of the same charge.

 

Margarian, regarded as the principal organizer of the Jehovah's Witnesses in the city, was also cleared of allegations that he encouraged a fellow believer Aram Shahverdian to refuse to serve in the military.

 

Prosecutors had claimed Margarian recruited 12 children into the sect. He denied this, saying children only attended meetings of the Jehovah's Witnesses with their parents.

 

On the day the verdict was read out, the chief judge Suren Ghazarian appeared nervous and irritated.

 

Both the defendant and his attorneys were absent. The courtroom was also empty of his supporters - normally, up to 150 Jehovah's Witnesses crowded the public gallery.

 

They had been well disciplined at previous hearings, arriving on time and following the lead of their spiritual leaders in entering or leaving the court, staying silent or speaking up. It was obvious their absence at the verdict was deliberate.

 

Ghazarian and his two fellow judges appeared surprised by the absence of the defense. Only two prosecutors and followers of the Armenian Apostolic were present for the verdict, which was due to be read at 11am.

 

He began to read the court's decision but paused at the crucial moment and clutched at his heart, saying: "I feel bad, please bring me a cup of water. The judges are moving to the discussion room."

 

Armenian law does not permit judges to return to the discussion chamber once a verdict is being read out. Prosecutors were outraged.

 

"This is a very serious violation of the court's procedure. I don't remember such a case in my experience when a judge interrupts himself while reading a verdict and returns to a discussion room," said prosecutor Koriun Piloyan.

 

The judge's assistant told those waiting that the verdict would resume at 3pm. Ghazarian was occasionally seen during this time, looking out of the discussion room to see who was in court.

 

At one point, chairs were left outside the room for the judges to take in. Ghazarian emerged and began to swear loudly before astonishing onlookers by kicking the chairs across the room.

 

Margarian and his attorneys finally arrived at the court at 3:30pm, accompanied by a large group of Jehovah's Witnesses in support.

 

The judges then returned and Ghazarian continued with the verdict, declaring that the Court of Appeal found insufficient evidence to support the allegation against Margarian.

 

Prosecutors immediately declared that they would appeal once more, to the Court of Cassation, the highest available.

 

"The Court of Appeal in its verdict did not analyze the amount of evidence that absolutely demonstrates the guilt of the defendant. This is another serious violation of the law - the judge should consider all the evidence, not throw part of it away," said Avag Avagian, one of the prosecutors.

 

The proceedings of the trial had been monitored by representatives of the Jehovah's Witnesses abroad, officials from the diplomatic corps, and human rights activists from the Helsinki Association.

 

Hostility to the activities of the Jehovah's Witnesses in the country has run high among some Armenians. They were angry at the court's decision.

 

Khachik Stamboltsian, a former government minister, claimed afterwards that the court had bowed to the Council of Europe in finding Margarian not guilty. Armenia is committed to respecting religious minorities and creating alternatives to military service under the terms of its membership of the Council.

 

But Stamboltsian said: "This trial has shown that the Armenian court operated against its homeland. It was sold for dollars and was ready to subordinate to the Council of Europe on any appropriate and inappropriate matter, neglecting the interests and rights of its own citizens and even the safety of its country.

 

"The Jehovah's Witnesses is not a registered organization in our country, thus any of its activities are considered illegal. Today, more than 100 members are punished with imprisonment in Armenia for refusing to do national service because of their faith."

Photos by Karen Minasian & Mkrtich Malkhasian