Wednesday, August 26 2026 10:37
Marianna Mkrtchyan

Catholicos of All Armenians and Supreme Spiritual Council members to  be acquitted due to absence of corpus delicti - conclusion

Catholicos of All Armenians and Supreme Spiritual Council members to  be acquitted due to absence of corpus delicti - conclusion

ArmInfo. Catholicos of All Armenians Garegin II and the clergy of the Supreme Spiritual Council are to be acquitted in the criminal case initiated by the Armenian  authorities due to the lack of evidence of criminal illegality of the  act or due to the lack of proof of the factual circumstances imputed  to them.

This is stated in an amicus curiae ("friend of the court")  opinion prepared at the initiative of a group of specialists in  criminal procedure. The opinion was prepared by Artur Gambaryan,  Doctor of Law, Professor, and Honored Lawyer of the Republic of  Armenia; Artak Ghazaryan, Candidate of Law; Zorayr Harutyunyan,  Candidate of Law; and Grigor Chapanyan, PhD candidate in the  Department of Criminal Law and Criminal Procedure Law at the  Russian-Armenian University.

The conclusion, published on the Armenian Church of Moscow's Facebook  page, states that, given the widespread public outcry over the  criminal prosecution of the Catholicos of All Armenians and the  clerical members of the Supreme Spiritual Council, as well as its  exceptional historical significance for the Armenian people and the  Holy Armenian Apostolic Church, at the initiative of a group of  criminal justice specialists, we prepared and presented an amicus  curiae brief on this case to the Supreme Patriarch and the judge.

It is emphasized that the brief was prepared solely on the basis of  legal analysis, without political or other judgments, and is aimed at  facilitating the administration of justice. "Thus, firstly, the act  of 'defrocking' is not criminally illegal. It is regulated  exclusively by ecclesiastical canon law and is outside the scope of  state positive law.

Secondly, initiating criminal prosecution against the Catholicos of  All Armenians and other clergy for defrocking constitutes criminal  interference in the internal affairs of the Church and violates the  principles of separation of state and church guaranteed by the  Constitution and international law, as well as the autonomy of  religious organizations (Articles 17 and 41 of the Constitution of  the Republic of Armenia, Article 9 of the European Convention on  Human Rights, the case law of the European Court of Human Rights, and  the positions of the Venice Commission)," the prepared document  states.

Third, according to the authors of the opinion, the act imputed to  the clerical members of the Supreme Spiritual Council lacks the  objective element of a crime, that is, a specific act. They submitted  a proposal for defrocking, which is not a final decision.

"Fourth, the initiation of prosecution in this case violated the  requirements of legal certainty and predictability: the judicial act  applying the interim measure did not expressly prohibit defrocking,  and such a prohibition could not be inferred by interpreting the  judicial act under the rule intra legem analogia (within the law).  Consequently, the limits of criminal liability were determined only  subsequently, which contradicts the principles of certainty and  legality of criminal law," the opinion continues.

Fifth, the opinion draws attention to an alternative argument and  states that even with the formal elements of a crime, the act imputed  in this case is insignificant (Part 2 of Article 16 of the Criminal  Code of the Republic of Armenia). It is noted that after his  defrocking, Arman Saroyan effectively continued his activities as the  primate of the diocese, wearing the episcopal vestments and occupying  the office of the primate. Moreover, the state continued to recognize  him as a high-ranking representative of the Church: by Decision No.  251-A of the Prime Minister of the Republic of Armenia, Arman  (formerly Bishop Gevorg) Saroyan was included in the Advisory  Commission on Pardons as a representative of the Armenian Apostolic  Holy Church.

"This circumstance clearly demonstrates that the act did not obstruct  the normal administration of justice and, therefore, from the  standpoint of the constitutional principle of proportionality, cannot  serve as grounds for criminal liability. Based on the above, we  emphasize that the Catholicos of All Armenians and the clergy of the  Supreme Spiritual Council are subject to acquittal due to the lack of  evidence of the criminal unlawfulness of the act or due to the  failure to prove the factual circumstances imputed to them," the  legal experts concluded in their prepared opinion. It should be noted  that since May 2025, the Armenian authorities have been actively  pursuing an anti-church policy and are seeking the resignation of  Catholicos of All Armenians Garegin II, who is elected to this  position for life. This campaign has targeted both clergy and  citizens who support the Church. It should be noted that, according  to the Constitution, Armenia is a secular state, where church and  state are separated. At the same time, the "exceptional mission" of  the Armenian Apostolic Church (AAC) in preserving national identity  is recognized.

Furthermore, as was reported on August 19, the issue of removing the  Catholicos is included in the Pashinyan government's program for  2026-2031.

POST A COMMENT
Input digits     

News
High-ranking foreign guests arrive in Armenia to participate in COP17High-ranking foreign guests arrive in Armenia to participate in COP17
The UN Secretary-General visited the MatenadaranThe UN Secretary-General visited the Matenadaran
The Minister of Defense ordered work to strengthen discipline in military units.The Minister of Defense ordered work to strengthen discipline in military units.
Tsarukyan`s lawyer: The guilty verdict ignored all exculpatory evidenceTsarukyan`s lawyer: The guilty verdict ignored all exculpatory evidence
Pashinyan and the OSCE Chairperson-in-Office discussed the peace process between Armenia and Azerbaijan.Pashinyan and the OSCE Chairperson-in-Office discussed the peace process between Armenia and Azerbaijan.
The Swiss Foreign Minister honored the memory of the victims of the Armenian Genocide.The Swiss Foreign Minister honored the memory of the victims of the Armenian Genocide.
Pashinyan and Mushikiwabo discussed preparations for the International Francophonie GamesPashinyan and Mushikiwabo discussed preparations for the International Francophonie Games
The head of Armenia`s Ministry of Education, Science and Culture and the French Ambassador discussed prospects for bilateral cooperation.The head of Armenia`s Ministry of Education, Science and Culture and the French Ambassador discussed prospects for bilateral cooperation.
The President of Kyrgyzstan will pay an official visit to Armenia.The President of Kyrgyzstan will pay an official visit to Armenia.
Armenia and UNDP signed a memorandum of cooperation in the field of parliamentary development for 2026-2031.Armenia and UNDP signed a memorandum of cooperation in the field of parliamentary development for 2026-2031.
A scientific conference on A scientific conference on "Armenian Folk and Decorative-Applied Arts" will be held in Yerevan and Dilijan.
The UN Secretary-General praised the excellent organization of COP17 in Armenia.The UN Secretary-General praised the excellent organization of COP17 in Armenia.
35 Years of Trust: IDBank Celebrates with Its Customers35 Years of Trust: IDBank Celebrates with Its Customers
A gas station in the Armenian capital, owned by the father-in-law of an opposition MP, is being dismantled despite having a permit to operateA gas station in the Armenian capital, owned by the father-in-law of an opposition MP, is being dismantled despite having a permit to operate
Lavrov: Russia is ready to participate in regional infrastructure projects in the South CaucasusLavrov: Russia is ready to participate in regional infrastructure projects in the South Caucasus
A meeting of the heads of the foreign affairs agencies of Turkmenistan, Azerbaijan, and Uzbekistan took place in BakuA meeting of the heads of the foreign affairs agencies of Turkmenistan, Azerbaijan, and Uzbekistan took place in Baku
The foreign ministers of Russia and Turkey were discussed the cooperation agenda at a meeting in Baku.The foreign ministers of Russia and Turkey were discussed the cooperation agenda at a meeting in Baku.
The Deputy Speaker of the Armenian Parliament and the President of the Chamber of Deputies of Luxembourg discussed prospects for developing bilateral cooperationThe Deputy Speaker of the Armenian Parliament and the President of the Chamber of Deputies of Luxembourg discussed prospects for developing bilateral cooperation
Switzerland expressed its readiness to facilitate the peace process between Armenia and AzerbaijanSwitzerland expressed its readiness to facilitate the peace process between Armenia and Azerbaijan
Armenia and the United States discussed defense cooperationArmenia and the United States discussed defense cooperation
Opinion: The development of the Amulsar mine near the resort town of Jermuk is the beginning of an environmental disaster in ArmeniaOpinion: The development of the Amulsar mine near the resort town of Jermuk is the beginning of an environmental disaster in Armenia
Ahead of COP17, the Artsakh Human Rights Council held a protest in front of the Armenian governmentAhead of COP17, the Artsakh Human Rights Council held a protest in front of the Armenian government
Banners with photos of Gagik Tsarukyan were hung in Yerevan in anticipation of the start of his trial.Banners with photos of Gagik Tsarukyan were hung in Yerevan in anticipation of the start of his trial.
Mirzoyan: Full normalization of relations between Turkey and Azerbaijan is possible any dayMirzoyan: Full normalization of relations between Turkey and Azerbaijan is possible any day
Mirzoyan did not rule out an exchange of enclaves with AzerbaijanMirzoyan did not rule out an exchange of enclaves with Azerbaijan
The Prosecutor General`s Office of Armenia accuses the founder of the Medline clinic of embezzling 263 million drams and laundering more than 920 million dramsThe Prosecutor General`s Office of Armenia accuses the founder of the Medline clinic of embezzling 263 million drams and laundering more than 920 million drams
David Manukyan has been celebrating his birthday in a Baku prison for the fourth year in a rowDavid Manukyan has been celebrating his birthday in a Baku prison for the fourth year in a row
The Deputy Speaker of the Armenian Parliament held a meeting with the French AmbassadorThe Deputy Speaker of the Armenian Parliament held a meeting with the French Ambassador
The UN Secretary-General arrived in YerevanThe UN Secretary-General arrived in Yerevan
Minister of Foreign Affairs of Turkmenistan Holds Meeting with the European Union Special Representative for Central AsiaMinister of Foreign Affairs of Turkmenistan Holds Meeting with the European Union Special Representative for Central Asia
The Hayastan All-Armenian Fund and the Tumo Center for Creative Technologies are creating an educational hub in GyumriThe Hayastan All-Armenian Fund and the Tumo Center for Creative Technologies are creating an educational hub in Gyumri
Placido Domingo will perform at a concert in Yerevan dedicated to the memory of world-famous tenor Gegham GrigoryanPlacido Domingo will perform at a concert in Yerevan dedicated to the memory of world-famous tenor Gegham Grigoryan
The Russian Federation has banned entry into the country for Lulu, a member of the Armenian parliament from the Civil Contract partyThe Russian Federation has banned entry into the country for Lulu, a member of the Armenian parliament from the Civil Contract party
The authorities intend to transform the migration management systemThe authorities intend to transform the migration management system
The Armenian Ombudsman pointed out the need for systemic measures to prevent non-combat deaths in the army.The Armenian Ombudsman pointed out the need for systemic measures to prevent non-combat deaths in the army.
A delegation led by the Chief of the Indian Defence Management College visited TsitsernakaberdA delegation led by the Chief of the Indian Defence Management College visited Tsitsernakaberd
A prisoner from the Artik penitentiary is sounding the alarm: he has been subjected to torture in prison for four monthsA prisoner from the Artik penitentiary is sounding the alarm: he has been subjected to torture in prison for four months
The opposition leader saw two signs of Azerbaijan increasing pressure on ArmeniaThe opposition leader saw two signs of Azerbaijan increasing pressure on Armenia
The Prosecutor General`s Office of Armenia is demanding the confiscation of property and funds from MP Aghvan Vardanyan.The Prosecutor General`s Office of Armenia is demanding the confiscation of property and funds from MP Aghvan Vardanyan.
Pashinyan spoke about the conditions and prospects for establishing peace between Armenia and Azerbaijan.Pashinyan spoke about the conditions and prospects for establishing peace between Armenia and Azerbaijan.
The transfer of laboratory data to the Armed system will be carried out in accordance with international standards.The transfer of laboratory data to the Armed system will be carried out in accordance with international standards.
Meeting between the Minister of Foreign Affairs of Turkmenistan and a representative of the Asian Development BankMeeting between the Minister of Foreign Affairs of Turkmenistan and a representative of the Asian Development Bank
Azerbaijan destroyed a monument to WWII victims in the village of Shosh in occupied Artsakh.Azerbaijan destroyed a monument to WWII victims in the village of Shosh in occupied Artsakh.
Khachkar Studios Publishes Week #5 of Weekly T•A•P Reporting Across 26 PilotsKhachkar Studios Publishes Week #5 of Weekly T•A•P Reporting Across 26 Pilots
Armenia participated in the discussion Armenia participated in the discussion "Rethinking the Eastern Partnership" in Warsaw.
Wings of Tatev is nominated for its fifth World Travel Awards win.Wings of Tatev is nominated for its fifth World Travel Awards win.
TRF 2026: Dilijan Becomes a Platform for International Tourism DialogueTRF 2026: Dilijan Becomes a Platform for International Tourism Dialogue
Mirzoyan: The Eastern Partnership is currently being tested in the new realities of the gradual fragmentation of the worldMirzoyan: The Eastern Partnership is currently being tested in the new realities of the gradual fragmentation of the world
Diplomat: Pashinyan came to power with the help of regional residents, and now he`s declaring them second-class citizens.Diplomat: Pashinyan came to power with the help of regional residents, and now he`s declaring them second-class citizens.
The UN Secretary-General will visit Armenia.The UN Secretary-General will visit Armenia.
The Foreign Ministers of Armenia and Iraq held a telephone conversation.The Foreign Ministers of Armenia and Iraq held a telephone conversation.
Yerevan will develop a new approach to addressing urban transport issues as part of a Bloomberg LSE initiativeYerevan will develop a new approach to addressing urban transport issues as part of a Bloomberg LSE initiative
Andriy Sybiga: Ukraine and Armenia have a solid foundation for deepening cooperationAndriy Sybiga: Ukraine and Armenia have a solid foundation for deepening cooperation
The General Staff of the Armenian Armed Forces received a delegation from the Indian Defence Management CollegeThe General Staff of the Armenian Armed Forces received a delegation from the Indian Defence Management College
Eight people arrested for bribery in Gyumri - Anti-Corruption Committee of ArmeniaEight people arrested for bribery in Gyumri - Anti-Corruption Committee of Armenia
The foreign ministers of Armenia and Ukraine discussed the possibility of expanding bilateral relations.The foreign ministers of Armenia and Ukraine discussed the possibility of expanding bilateral relations.
The Armenian Ministry of Justice and the National Bureau of Forensic Expertise of Georgia discussed priority areas of cooperation.The Armenian Ministry of Justice and the National Bureau of Forensic Expertise of Georgia discussed priority areas of cooperation.
The The "Physmath Friends" Charitable Foundation is the October beneficiary of "The Power of One Dram"
The Speaker of the Armenian Parliament discussed prospects for developing inter-parliamentary cooperation with the Ambassador of India.The Speaker of the Armenian Parliament discussed prospects for developing inter-parliamentary cooperation with the Ambassador of India.
The EU Delegation to Armenia summarized the project The EU Delegation to Armenia summarized the project "Support to Judicial System Reforms in Armenia: Phase II"
Read more



Commented
Lukashenko called for Armenia to assume the CIS presidency in 2029Lukashenko called for Armenia to assume the CIS presidency in 2029
Dmitry Medvedev predicted a Ukrainian-like fate for Armenia amid the country`s shift in foreign policyDmitry Medvedev predicted a Ukrainian-like fate for Armenia amid the country`s shift in foreign policy
Russian Security Council: In Armenia, they want to force Russian asset owners to dispose of their assetsRussian Security Council: In Armenia, they want to force Russian asset owners to dispose of their assets
Zakharova: Russia ready to discuss with Armenia the prospects for expanding military cooperation as part of a review of bilateral tiesZakharova: Russia ready to discuss with Armenia the prospects for expanding military cooperation as part of a review of bilateral ties
Tevanyan: Armenia, like Ukraine and Moldova, is being drawn into the EU’s global warTevanyan: Armenia, like Ukraine and Moldova, is being drawn into the EU’s global war
Yerevan City Hall is considering introducing a valet parking system in the cityYerevan City Hall is considering introducing a valet parking system in the city
Expert: The circus surrounding the “Albanization” of Armenian culture in the presence of foreign ambassadors in occupied Artsakh is genocideExpert: The circus surrounding the “Albanization” of Armenian culture in the presence of foreign ambassadors in occupied Artsakh is genocide
Political scientist: If Russian-Armenian relations are destroyed, Turkey will take Russia`s placePolitical scientist: If Russian-Armenian relations are destroyed, Turkey will take Russia`s place
Political scientist: The Armenian public is simply obliged to significantly change the entire content of public discourse and strugglePolitical scientist: The Armenian public is simply obliged to significantly change the entire content of public discourse and struggle
Cross tattoos are being removed from the skin of Christian prisoners in Azerbaijan by fire, according to a human rights activist.Cross tattoos are being removed from the skin of Christian prisoners in Azerbaijan by fire, according to a human rights activist.
Zakharova: Armenia`s likely introduction of visas with Russia will be a step against Yerevan itselfZakharova: Armenia`s likely introduction of visas with Russia will be a step against Yerevan itself
Putin: Armenia`s recognition of Karabakh as part of Azerbaijan in Prague has given Russia`s position on this issue an ambivalent characterPutin: Armenia`s recognition of Karabakh as part of Azerbaijan in Prague has given Russia`s position on this issue an ambivalent character
Putin: Armenia`s adoption of the law on EU accession means an announcement of its withdrawal from the Eurasian Economic UnionPutin: Armenia`s adoption of the law on EU accession means an announcement of its withdrawal from the Eurasian Economic Union
Medvedev: Yerevan will never become an EU member, but it will permanently damage relations with the Eurasian Economic Union, including with Moscow.Medvedev: Yerevan will never become an EU member, but it will permanently damage relations with the Eurasian Economic Union, including with Moscow.
Aram Vardevanyan: Public demands solutions, not apology scandals in  ParliamentAram Vardevanyan: Public demands solutions, not apology scandals in  Parliament