Public reporting of violations to the Prosecutor General of the Republic of Armenia

On October 14 of this year, at 15:57, the article “14 transgender people from Cuba are HIV positive, Malyan claims. What does the Migration Service say” published on the Aysor.am website informs us that the initiator of the “VETO” movement, Narek Malyan, assures that his information about transgender people in Armenia is official.

Narek Malyan wrote on his Facebook page that “14 transgender people from Cuba are HIV positive. This is information received from official sources, you can spread it. There are 16 in total, 14 of whom are HIV positive. Moreover, one of them worked in a bakery.”

As a result of the study of Mr. Malyan’s social media page, the “Iravunkki Pasha” human rights NGO concluded that the statements made by the latter constitute a crime under several articles of the RA Criminal Code, in particular:

claiming that the information received was from official sources, it can be concluded that if 14 transgender people who arrived from Cuba are HIV-positive, then the aforementioned information was obtained either through persons providing medical care and services, or in another illegal way.

According to Article 145 of the RA Criminal Code:

Publication of information about a person’s illness or the results of a medical examination by persons providing medical care and services without professional or official necessity is punishable by a fine in the amount of two hundred to five hundred times the minimum wage, or by deprivation of the right to hold certain positions or engage in certain activities for a term of two to five years, or by arrest for a term of one to two months.

RA Criminal Code According to Article 144:

Using information considered a person’s personal or family secret without his or her consent, or disseminating, collecting or storing such information through public speeches, publicly displayed works or media, if they are not provided for by law, is punishable by a fine in the amount of two hundred to five hundred times the minimum wage, or by detention for a term of one to two months.

Mr. Malyan, objectifying transgender people seeking asylum, used the word “hat” when talking about them, in connection with which it can be concluded that Mr. Malyan has a derogatory approach towards certain groups of people, due to their gender, national or ethnic origin, alleged gender identity, alleged HIV status, or alleged sex worker status, or other circumstances of a social nature.

Considering Article 226 of the Criminal Code of the Republic of Armenia:

Actions aimed at inciting national, racial or religious enmity, racial superiority or humiliating national dignity are punishable by a fine in the amount of two hundred to five hundred times the minimum wage, or by imprisonment for a term of two to four years.

The acts provided for in the first part of this Article, committed publicly or using mass media, are punishable by imprisonment for a term of three to six years.

Recognizing Article 3 of the Constitution of the Republic of Armenia:

In the Republic of Armenia, a person is the highest value. The inalienable dignity of a person is the inalienable basis of his or her rights and freedoms.

Respecting and protecting the fundamental rights and freedoms of a person and a citizen are the duties of public authorities.

Stating that according to Article 143 of the Criminal Code of the Republic of Armenia, direct or indirect violation of the rights and freedoms of a person and a citizen, depending on gender, race, skin color, ethnic or social origin, genetic characteristics, language, religion, worldview, political or other views, belonging to a national minority, property status, birth, disability, age, other circumstances of a personal or social nature, which has caused harm to the rights and legitimate interests of a person and citizen, is punishable by a fine in the amount of two hundred to four hundred times the minimum wage, or by imprisonment for a maximum term of two years.

Based on the grounds for initiating a criminal case specified in Article 176 of the Criminal Code of the Republic of Armenia:

Reports of individuals and legal entities about crimes addressed to the investigative body, investigator, prosecutor.

2) reports of media about crimes.

The Human Rights NGO "Iravunki Pashay", presenting the above-mentioned facts, submits a public report on the crime to the Prosecutor General of the Republic of Armenia, requesting to verify the publication of Narek Malyan in connection with the alleged criminal offenses.

The Human Rights NGO "Iravunki Pashay" sends a copy of the report to the Office of the Human Rights Defender of the Republic of Armenia to monitor the impartiality, legality, impartiality of the process of initiating a criminal case based on this report and to exclude possible discrimination against transgender persons seeking asylum.