Armenia: ICJ condemns detention of defence lawyer Alexander Kochubaev and calls for his immediate release

The International Commission of Jurists (ICJ) condemns the arrest and detention of defence lawyer Alexander Kochubaev, who was arrested in Yerevan on 16 October 2025, purportedly as a result of statements allegedly defamatory of justice officials he is supposed to have made in the course of an ongoing criminal case in which he represents Archbishop Bagrat Galstanyan and 14 other defendants. The Archbishop, who is the head of the Tavush Diocese of the Armenian Apostolic Church, along with others, was arrested in June 2025 and charged with preparing acts of terrorism, organizing mass riots and attempting to seize power, in connection with his role in the Tavush for the Homeland protest movement and in anti-Government protests demanding Prime Minister Nikol Pashinyan’s resignation.

“The detention of a lawyer apparently for statements solely related to his professional work is a serious interference with the independence of the legal profession,” said Temur Shakirov, ICJ Director for Europe and Central Asia. “Lawyers must be able to defend their clients and speak about the administration of justice without intimidation or fear of punishment.”

The ICJ calls on the Armenian authorities to ensure Alexander Kochubaev’s immediate release and for an end to the use of criminal law to penalise lawyers solely for the exercise of their professional duties.

According to publicly available information, on 16 October 2025, officers of the Investigative Committee detained Kochubaev at the Shengavit District Court shortly after a hearing in the Galstanyan case. On 17 October, the Yerevan Court reportedly remanded Alexander Kochubaev in custody for two months pending trial on charges under Article 490(2) of the Criminal Code, which criminalizes the publication of “defamatory” or “harmful” information about judges, prosecutors, investigators and other justice officials in connection with their professional duties.

The ICJ recalls that, under international human rights law and standards, lawyers must be able to perform their professional functions without intimidation, hindrance, harassment or improper interference, and must not face sanctions solely for actions taken in accordance with recognized professional duties and ethics.

The ICJ urges the authorities to:

immediately release Kochubaev pending trial;
promptly review the legality and necessity of his arrest, detention and of the criminal charges against him; and
bring Article 490 of the Criminal Code into conformity with Armenia’s legal obligations under international human rights law and standards.
Background

According to the UN Basic Principles on the Role of Lawyers, “Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” (Principle 16), and that “lawyers, like other citizens, are entitled to freedom of expression … In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights” (Principle 23).

Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the European Convention on Human Rights (ECHR) guarantee to everyone the right to freedom of expression. In addition, Article 9 of the ICCPR and Article 5 of the ECHR guarantee the right to liberty and security of person. To be lawful, any restrictions on those rights must be provided by law, pursue a legitimate aim, and be necessary and proportionate in a democratic society.