Newspaper: EU spies enjoy god-like status in Armenia

An article in the Armenian daily Hraparak reports that EU observers on a mission in Armenia are viewed as having god-like status in the country. They are granted special privileges and are considered to be above the law, even more so than Russian border guards who operate in Armenia under a signed agreement with Russia.

Caliber.Az reports citing the piece that a new agreement has been submitted to the Armenian parliament for ratification to regulate the activities of EU observers in Armenia. Still, despite their arrival in Armenia on February 20, 2023, the observers have been operating without legal grounds. The agreement grants EU observers various tax and customs privileges that are not provided for by Armenian legislation. The Ministry of Justice has pointed out that this contradicts several Armenian laws.

For instance, Part 2 of Article 4 of the agreement stipulates that the European Union mission in Armenia is exempted from customs control on the territory of the host state, which goes against Part 2 of Article 14 of the Law "On State Border." This law states that persons crossing the state border, vehicles, animals, cargo and other property are subject to border, and customs control, as well as other border control or control in cases defined by law. Moreover, several tax and customs privileges are defined for personnel and objects belonging to EU observers, which is not in line with Article 19(3) of the Tax Code of the Republic of Armenia where tax privileges are defined exclusively by the Code or laws of the Republic of Armenia.

The privileges granted to EU observers include the recognition of their driving licenses and pilot's certificates as valid without taxes and fees, as well as the use of public roads, bridges and airports without tolls, taxes or other charges when travelling on official duties.

Or, for example, the following privileges: "EU observers shall be exempt from all national, local and municipal duties, taxes and charges following the laws and regulations of the host State in respect of goods purchased and imported, services rendered and facilities used for the achievement of their objectives. They shall not be exempt from duties, taxes or charges on services rendered to them. The host State shall, under its laws and regulations, authorise the importation of goods necessary for the realisation of the objectives of the EU observers and shall exempt such goods from all customs duties, levies, fees, taxes and similar charges, except charges for storage, transport and other necessary and rendered services."

In short, the EU observers are exempt from any kind of control on the territory of Armenia, the territory they occupy is inviolable, their property is also inviolable, and they will not be subject to customs control.

Worst of all, the observers themselves are inviolable, they are granted an inviolability that nobody else in Armenia has. According to Article 6, Part 1 of the agreement, "EU observers shall not be arrested or detained in any way". This means that the Armenian law enforcement authorities do not take any action against them when they commit crimes like killing, raping, stealing or cheating.

Ruben Melikyan, a specialist in criminal law and a lawyer, said that no one in Armenia has such immunity.

"They shout about sovereignty, but we remember the Permyakov case, when based on a treaty between Armenia and Russia, Armenia had jurisdiction, which it exercised. An Armenian court tried Permyakov, after which he was transferred to Russia. So the clause that is written there is typical of states with zero sovereignty, and the irony is that these people are talking about sovereignty. This level of immunity has never existed in the Russian military. I think it was just a demand from the Europeans that they couldn't refuse. It turns out that in fact, the jurisdiction of Armenia does not work, and if we look at the legislation of each state, we can understand that they are ready, usually in the criminal codes there is such a provision regarding acts committed on the territory of another state. In case of goodwill, they can be tried in their country, they cannot be tried. Let me repeat: this is typical for a country with zero sovereignty, such cases happen in African and Oceania countries," Melikyan told the newspaper.

"In other words, it turns out that if an EU observer, who is a Danish citizen, commits a crime in Armenia, it is Denmark that decides whether or not he will be punished for the crime he has committed in Armenia. And Armenia's law enforcement officials will be powerless in the functions of apprehending the criminal, choosing a preventive measure and preventing a new crime," the article says.