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On June 30, 2010 the first court session took place on the case of Berd resident G. M. in Ijevan residence of the Court of Common Jurisdiction of Tavush region. G. M. is accused with point 4 of the second part of article 177 of RA Criminal Code – theft committed repeatedly.

Artur Sakunts, the coordinator of HCA Vanadzor was the representative of the aggrieved A. M., resident of the same town.

Before the court session G. M. informed judge R. Melkonyan about challenge justifying that he did not trust the judge.  In order to present the petition in written the session was stopped for two hours.

After re-starting the court session the petition was read on which, the prosecutor who participated in the session, expressed his opinion. According to it, he left the decision on the petition to the judge’s discretion.

A. Sakunts stated that according to the first point of article 90 of RA Criminal Procedure Code the judge is obliged to challenge  if he is aware of such facts and  circumstances which may give grounds to suspect about his being impartial in that case.

It should be noted that judge R. Melkonyan examined the issue of choosing a precautionary measure of this criminal case against G. M. on February 22, 2010 and made the decision on detention.  Besides, on April 9, 2010 he re-affirmed the precautionary measure against G. M.  and on June 3, 2010 he prolonged the duration of detention.

The judge went to the consultation room for 15 minutes to make a decision on the petition and then returned to announce his decision to uphold the petition for challenge and to return the criminal case to the president of  the Court of Common Jurisdiction of Tavush region and to hand over to another judge.

Information on the new court session will be made available.

We should also inform that HCA Vanadzor sent a letter to RA Special Investigation Service on the tortures performed against G. M. by the Berd department of Tavush region police, and according to their response official examination is being held.