Court of Appeals states that Deputy of the RA Prosecutor General’s office and head of “Nubarashen” Penitentiary violated the Law
00:00, June 1, 2011 | News | Right to Fair Trial | Detention Facilities
On May 30, 2011, the RA Criminal Court of Appeals satisfied an appeal filed by three Human Rights NGOs.
The “Civil Society Institute” NGO, “Armenian Helsinki Committee” NGO and Helsinki Citizens’ Assembly Vanadzor Office appealed to repeal the 18.01.2011 Resolution made by the RA Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districts and oblige the RA General Prosecutor’s Office to initiate a case against the Deputy of RAProsecutorGeneral’s office and head of “Nubarashen” Penitentiary regarding the illegality of keeping a person in custody.
It should be noted that RA citizen, Sargis Poghosyan, who is wanted by the USA law enforcement, was illegally kept in custody from August 5 till September 1 of 2010 without grounds as prescribed by law. This fact was recognized by the heads of the NGOs, who visited “Nubarashen” penitentiary as members of the Public Monitoring Group at Detention Facilities of the RA Ministry of Justice.
The Criminal Court of Appeals, presided by Judge Melik Sargsyan, reached a decision to abolish the 18.01.2011 Resolution made by the RA Court of General Jurisdiction of Kentron and Nork-Marash Administrative Districtsand require the criminal prosecuting body (in this case the RAProsecutorGeneral’s office) to nullify the violations of the person’s rights and fundamental freedoms. However, the Court justified Sargis Poghosyan’s arrest and custody based on a report from the RA Prosecutor General’s Office which was implemented on illegal grounds, because there was not a RA Court’s resolution as prescribed by law. According to Point 10 of Article 141 of RA Criminal Procedure Code, the detainment unit administration must immediately release those persons detained without a court decision.
The RA Court of Appeals stated that Poghosyan was arrested and kept in custody as a result of violations of the law, which brought about the violation of the constitutional principle of a person’s immunity. The court considered it a violation that the plaintiff party did not report the crime as prescribed by law. After the verdict statement, Nelly Harutyunyan, Head of the International Legal Relations Department of the RA General Prosecutor’s Office told www.hra.am, that they would appeal the Court’s decision. She claimed that the Prosecutor’s office was guided by adopted international obligations. “In this particular case, Sargis Poghosyan was being pursued based on a wanted diffusion card filed by theInterpol International. Over 175 counties, including Armenia, have membership with the Interpol. I don’t see any violation regarding his arrest based on an international wanted card”.
NGO representative Edmon Marukyan is surprised that the judge’s verdict did not address the issue of incurring whose acts caused Poghosyan’s imprisonment. By the advocate’s words, after the verdict statement they will apply to the RA Minister of Justice with a claim to hold an internal service investigation regarding the actions of “Nubarashen” Penitentiary facility head. The Human Rights Organizations will insist that the RA General Prosecutor’s Office file a criminal case by making a reference to the RA Court of Appeals’ resolution.
As for the victim, according to Marukyan’s words, he can initiate a criminal case at the RA national courts and require monetary compensation for him time in custody. He can also make a liability claim to the Deputy of RAGeneral Prosecutor’s office and head of “Nubarashen” Detention Facility for missed income.