Lawyer warns 'hooliganism' charges used to curb free speech in Armenia

An Armenian lawyer has warned that the authorities are increasingly using “hooliganism” charges to criminalize speech and silence critics following arrests of journalists and podcasters last month that have drawn condemnation from human rights groups.

In a social media post on Monday, Arsen Babayan, a lawyer involved in several high-profile cases, said prosecutors were stretching the definition of hooliganism, intended to punish genuine breaches of public order, to target sharp or critical expression that does not involve violence.

“In recent years, I have repeatedly encountered a troubling pattern: attempts to criminalize speech or expression through ‘hooliganism’,” Babayan wrote.

“In one of the court cases where I act as a defense lawyer, the accusation was built on the fact that a person publicly voiced critical, harsh but non-violent opinions,” he said. “There was no physical violence and no property damage, yet the charge was framed as a ‘gross violation of public order showing clear disrespect to society’. In other words, there was an attempt to present speech as a crime.”

Babayan pointed to the jurisprudence of the European Court of Human Rights, which holds that freedom of expression protects speech that “may be shocking, offensive, or disturbing” and stressed that the state cannot use criminal coercion to punish criticism.

“If there is no real violence, danger or a call for physical harm, criminal prosecution becomes a disproportionate interference,” he said. “Public order cannot be an all-encompassing justification.”

He warned that vague and expansive interpretations of hooliganism risk creating a chilling effect on free expression.

“When boundaries are unclear, any loud or uncomfortable statement can be labelled a crime,” Babayan said, adding that such practices encourage self-censorship and undermine the principle that criminal law should be a measure of last resort.

“This is no longer just a legal issue,” he said. “It’s a matter of the rule of law or its complete destruction.”

The lawyer's comments came after a series of early-morning raids and arrests on November 12, when masked officers from Armenia’s National Security Service searched the homes of Imnemnimi podcast co-hosts Vazgen Saghatelyan and Narek Samsonyan, detaining them after searches during which lawyers were not allowed to be present.

Investigators later said the case was initiated following a complaint by National Assembly Speaker Alen Simonyan. On the same day, investigators searched the office of the media outlet AntiFake.am, seizing video production equipment and detaining journalist Davit Fidanyan. Fidanyan was released after approximately 60 hours in custody. Another employee, Ishkhan Khosrovyan, was briefly detained and released on November 14.

Samsonyan and Saghatelyan have been charged under Article 297.2 of Armenia’s Criminal Code, which concerns hooliganism committed by a group through information or communication technologies.

Human rights defenders, political and public figures say the detentions amount to an attack on freedom of expression and an effort to silence critical voices.

“The court’s role is not to punish critical speech, but to determine where speech ends and where real danger begins,” Babayan said.

“If we criminalize speech under the banner of protecting public order, tomorrow the same tool can be used against anyone. A rule-of-law state begins where the authorities have the strength not to punish critics for free speech,” he added.