Director of the Civil Society Institute Artak Kirakosyan responded NA Speaker Alen Simonyan, who He posted it on the FB page The video of the two posts of Artur Osipyan, the chairman of the Artsakh Revolutionary Party, and asked. “Is this freedom of speech or hooliganism? Is it a threat?”
Artak Kirakosyan wrote: “I will answer.
A threat is a declaration of an action that implies punishment to the other party. Or in more legal language. threat is a means of influencing a person’s will, which is expressed by the manifestation of the will to cause harm in the future and is aimed at causing fear, anxiety or a feeling of coercion in the addressee.
In other words, there should be a realistic expression of punishment and the potential to carry out that punishment.
There was a real case about 15 years ago, to which the Institute of Civil Society gave an opinion to the court: someone said to the priest in an argument. “I will bite your throat.” The court, in our opinion, justified the defendant, because what he said was not realistic. In the same way, the posts on behalf of Artur Osipyan cannot be called a threat, because it is not reasonable to imagine that Osipyan was going to do the actions of the post.
If you don’t agree, please come and “bumble” me as Osipyan said.
Therefore, I insist that there is no threat as a criminal act in the notes below.
Now about hooliganism.
We have to distinguish between hooliganism of a legal nature and the term of public perception. For example, spitting on a person is hooliganism from a public point of view, isn’t it? Telling someone to shame someone, or promising to fuck, is also reprehensible in civilized public discourse. It is unfortunately accepted in political discourse. I remember in 2016-17. kfur was fashionable in the public sphere, well that fashion has passed.
In short, if Osipyan’s vocabulary is hooligan, then it is not significantly different from today’s political speech. Now a painful question, how are Osipyan’s writings significantly different from the words of others and the widespread political talk that caused legal consequences?
And finally.
On what grounds was Osipyan arrested, what is his public danger, what could he do while he was free that he will not do now? This is also about freedom of speech.”
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