When Courts Become Weapons: Armenia’s Descent into Legal Authoritarianism

In a functioning democracy, courts protect citizens from government overreach. In Nikol Pashinyan’s Armenia, they have become instruments of political repression. The arrest and detention of Samvel Karapetyan—a philanthropist whose “crime” was defending the Armenian Apostolic Holy Church—is not an isolated case. It represents a well-established pattern of weaponizing the judicial system to silence critics, eliminate political rivals, and crush dissent ahead of the June 2026 parliamentary elections.

The evidence is damning. International organizations including Freedom House, the U.S. Department of State, and the Organization for Economic Co-operation and Development have documented systematic judicial failures, political interference in courts, and the abuse of pre-trial detention as a form of punishment without trial. Armenian civil society has denounced these practices as violations of the Constitution and fundamental human rights. Yet the persecution continues unabated, revealing a government that views the rule of law not as a constraint but as a tool.

A Justice System in Crisis

Freedom House’s 2025 report on Armenia delivers a devastating assessment: “The courts face systemic political influence, and judicial institutions are undermined by corruption. Judges reportedly feel pressure to work with prosecutors to convict defendants, and acquittal rates are extremely low.” This isn’t the language of minor procedural issues—it describes a judicial system fundamentally compromised by executive interference.

The OECD adds crucial detail about how this corruption operates. The organization found that judicial selection in Armenia is rarely merit-based, creating opportunities for systematic abuse and bias. More alarmingly, the OECD documented that “the recent resignation of [the Supreme Judicial Council’s] chairperson has sparked concerns about executive interference and its independence.”

The President and Parliament have continued to influence judicial appointments and promotions. The Council’s recommendations lack justification, raising concerns about the merit-based selection of judges.”

– “Armenia Fifth Round of Anti-Corruption Monitoring Follow Up Report”, OECD, 18 September 2025, 97.


Pre-Trial Detention as Punishment Without Trial

Perhaps the most insidious weapon in Pashinyan’s arsenal is the systematic abuse of pre-trial detention. Under Armenian law, courts should consider less restrictive measures before imprisoning someone awaiting trial. In practice, political cases routinely result in immediate detention—effectively punishing defendants before any conviction.

The U.S. Department of State documented this abuse in its 2023 country report on Armenia: “According to human rights lawyers, the frequent use of pretrial detention forced suspects to bear the burden of proof to demonstrate they did not present a flight risk or would not hamper an investigation. Lawyers said court detention decisions were unpredictable, with different restrictions placed on defendants in similar circumstances. According to official statistics, in 2022, only 25 percent of bail requests were granted, while courts granted 70 percent of government detention requests.”

These numbers reveal a system fundamentally tilted toward incarceration. But the pattern becomes even clearer when examining political cases. Human Rights Watch observed that “prosecutors often simply list the reasons established in Armenian law for denying bail, including flight risk and possible hindrance of the investigation, without showing that the grounds are justifiably applicable to the suspect.”

This procedural abuse serves a cynical purpose: even if the prosecution ultimately fails to secure a conviction, the defendant has already been punished through months of imprisonment. The message to potential critics is clear—speaking out may cost you your freedom, regardless of your guilt.


The Case of Samvel Karapetyan: Persecution in Action

Samvel Karapetyan’s ordeal exemplifies every abuse documented by international organizations. On June 17, 2025, he made a one-minute public statement defending the Church: “If the politicians fail, then we will participate in our own way in all of this.” These words—clearly expressing democratic political engagement—were immediately twisted into criminal charges.

Within hours, Pashinyan posted threatening messages on Facebook: “Now I will intervene with you in my own way, you scoundrel” and “we will deactivate them again. Once and for all.” The next day, June 18, Karapetyan was arrested and charged with “public incitement to seize state power”—a crime punishable by up to five years in prison.

No reasonable interpretation of Karapetyan’s words constitutes incitement to violent overthrow. Yet courts have repeatedly extended his detention, now exceeding four months, despite an appeals court ruling on August 11, 2025, that his initial arrest was unlawful. When the government filed additional charges of money laundering and tax evasion in July, courts dismissed them for lack of evidence—yet Karapetyan remains imprisoned on the original baseless charges.

The pattern is unmistakable: fabricate charges, secure detention, and when those charges fail, simply file new ones or extend detention on the original accusations. The goal isn’t conviction—it’s indefinite imprisonment to silence a prominent Church supporter ahead of elections.

Christian Solidarity International, Coptic Solidarity, and SOS Chrétiens d’Orient jointly condemned Karapetyan’s “detention [which] lacks any legal foundation” and demanded an end to “all forms of retaliatory economic coercion.” The simultaneous nationalization of his energy company—in defiance of an international arbitration award—proves their assessment correct. This is state-sponsored persecution, not legitimate prosecution.