Seiran Ohanyan on March 1st, Order N0038, and Army Involvement

Former Minister of Defense Seiran Ohanyan has addressed the N0038 order issued by former Minister of Defense Mikael Harutyunyan, who is currently wanted. It is noteworthy that Seiran Ohanyan has been charged in connection with the March 1st case.

“Dear compatriots,

The uncovering of the March 1st tragedy is an URGENT necessity, but any attempt within this context to distort reality, aiming not at unveiling the killings but rather at imposing a desired narrative that implicates the armed forces in various crimes, I consider to be a deliberate, blatant offense against the Armenian armed forces.

In my impression, by discrediting the high command of the army, inventing and circulating theories that the army fired upon the people, an attempt is being made to drive a wedge between the army and the people.

Perhaps the purpose is to prepare the ‘people for peace’?

We have imposed peace on the adversary under the conditions of an unequal war forced upon us, and for over a quarter of a century, we have maintained this alongside our heroic people and brave soldier, officer, and commander.

The army is also a leading commander, and any unfounded, illegal attack against them, especially the highest officer corps, means decapitating an army that has gone through the trials of an unfinished war and has forged victory.

The events of 2018 have provided us the opportunity, building on past achievements, to correct shortcomings, improve state structures, ensure a prosperous life for society, and continue strengthening the army, which is, without question, the guarantor of the fair resolution of the Nagorno-Karabakh conflict and peace in Artsakh and Armenia.

No one, regardless of political affiliation, has the right today or in the future to endanger this achievement by bypassing or isolating those with a substantial biography who bore the full weight of the responsibility for this struggle.

Considering the recent unceasing, self-serving, emotional analyses by representatives of various media and political figures regarding the order N0038 that have nothing to do with the functions of the army, and the endless concerns expressed by our citizens, various journalists, and military personnel, I will present my clarifications on certain pertinent questions that concern our people.

Excerpt from the urgent order N0038 issued by the Minister of Defense of the Republic of Armenia Mikael Harutyunyan on February 23, 2008:

“In order to ensure the fulfillment of the constitutional obligations by the armed forces of the Republic of Armenia, I COMMAND:

The entire personnel of the Armed Forces of the Republic of Armenia from 18:00 hours on February 23, this year, to be transferred to barracks status until special instructions are received. To create officer groups in the ministries of the central apparatus of the Ministry of Defense, in certain departments, and to arm them with standard weapons.”

Is the legality of order N0038 exemplary or not?

Without claiming the role of lawyer for Mikael Harutyunyan, the Minister of Defense from 2008, I will merely note that if the Minister of Defense refers to the Constitution of the Republic of Armenia in his internal official written order issued to the troops, the subordinate structures of the Armed Forces and their leaders do not have the right at the moment of execution to contest the legal or constitutional nature of the superior’s orders.

Those who contest the constitutional legality of this order, I believe, can challenge it in a civilized manner before the Constitutional Court, along with representatives of the relevant bodies.

Why was it highly secret?

As a “crime”, the highly secret nature of order N0038 has been exploited in the media and by various individuals.

Clarification:

Legal operations in the army are conducted according to the statutes of the armed forces of the Republic of Armenia and the relevant legal norms.

Documentation, considering the peculiarities of military operations, is mostly classified and is not subject to disclosure. The exceptional secrecy of this document does not contain any extraordinary or statutory violation, and I believe presenting it as a “sensation” or exploiting it as the basis of the March 1st tragedy is either ignorance of legal perspectives or a deliberate manipulation.

Why was the army put on barracks status and mobilized?

Each day of the year, including February 23, the Minister of Defense of a warring country, under his statutory rights, can put the troops at varying levels of combat readiness, raise alertness, declare an emergency, bring them to barracks status, dispatch them to borders, or carry out various mobilizations.

Those who find it unacceptable for the army to be brought to barracks status and mobilized on February 23 should clarify why, or point out which provisions of the military statutes forbid such actions on that date.

Mobilization for military exercises and bringing troops to barracks status are normal occurrences, and I believe that, in the context of this case, they do not present criminal interest, as no crimes or incidents have been recorded within barracks or en route.

Why did officers carry standard weapons?

Each officer, according to the statutes, has the right to carry standard (issued) weapons for self-defense purposes.

In the aforementioned order, no one can point out any provision indicating that the movement or wearing of legal weapons was intended for use on March 1.

Was the decree on the state of emergency on March 1 exemplary or not, and my relation to the decree?

On March 1, 2008, following the severe situation created in the capital at 22:30, President Robert Kocharian signed a decree to declare a state of emergency.

On March 2, as the Chief of Staff, I read it; I repeat, I read not my decision, but the legally binding state of emergency decree, which provided for the armed forces to ensure the protection and security of vital objects of the Republic of Armenia.

During the state of emergency declared on March 2 and thereafter, no clashes or crimes have been recorded between the army and the people, or directed from the army to the people or from the people to the army.

I reiterate, after the declaration of the state of emergency, there were no clashes between the army and the people.

On March 2, during the reading of the decree, my articulation, my voice timbre, regardless of whether it pleases the Head of the Investigative Committee or not (see the recorded voice), cannot serve as a basis for bringing charges against me.

If the investigation continues along these illegal principles—asking why the army was brought to barracks status on February 23, why they mobilized, and why they conducted various statutory military functions—then it means that the statutes of the Armenian armed forces are not being accepted, and considering that, according to the statutes, military orders imply vertical execution and are not subject to discussion, a case can be opened against all military personnel and all can be arrested.

Who are the authors of this nation-destroying scenario?

Can you at least imagine what this means?

The internet is flooded with numerous films interpreting the March 1 events, but none of them present the fact of a conflict between the military and the people!

Therefore, I CALL upon the institutions, whose goal should be to uncover the murders of March 1 and establish legality, which is our collective wish, to step back from anti-national unconstitutional illegalities in connection with the 27th anniversary of the formation of the Armenian Army.

Considering the fact that “the armed forces of the Republic of Armenia ensure the security, defense, and territorial integrity of the Republic of Armenia, its border inviolability, and retain neutrality in political matters under civil control,” let the military and its hierarchy not be drawn into political processes through unfounded functions and criminal prosecutions that destabilize the army,” Seiran Ohanyan wrote on his Facebook page.