“The witnesses over Tigran Varyan’s case weren’t in illegal custody but served a disciplinary punishment”: Investigative service of the RA Ministry of Defense
06:21, August 17, 2013 | News | Rights of Soldiers/Recruits | Armed Forces, Tigran VaryanOn August 6, 2013 the Court of First Instance over Tigran Varyan’s case adopted a ruling, whereby, Gevorg Manukyan, Erik Sargsyan and Senior lieutenant Hovhannes Hakobyan were recognized as guilty.
However, as we had already informed, Artur Sakunts, chairman of Helsinki Citizens’ Assembly Vanadzor, who is the representative of Vano Varyan, the legal successor of T. Varyan, stated they were not satisfied with the decision reached by the court and were going to appeal the decision in the RA Court of Appeals.
In the meantime, a report on crime over this case was sent to the RA Prosecutor General Aghvan Hovsepyan by Artur Sakunts regarding the grounds of keeping the witnesses over Tigran Varyan’s case in illegal custody. Whereas, pursuant to the RA Criminal Procedure Code, arrest, keeping in custody, or forcible placement of a person with a medical or correction institution shall be allowed only by warrant of the court. A person may not be subjected to detention for more than 72 hours unless a relevant warrant is issued by the court.
Taking into account this and the fact that the witnesses over the case stated in the court they had given testimonies while being in custody, a demand was submitted to A. Hovsepyan to undertake relevant measures aimed at revealing the committed crime, to filing a criminal case and subjecting the perpetrators to liability.
Based on the submitted report, a decision to refuse filing a criminal case was reached on the grounds of the materials prepared in the proceedings of Deputy head of Investigative Department of the RA MoD 3rd Garrison, Captain D. G. Igityan. Thorugh the aforementioned decision D. Igityan clarifies that witnesses over the case Senior sergeant Vagharshak Nazaryan and Private Robert Arakelyan were subjected to a 10-day disciplinary penalty for breach of statutory relations, violation of rules for serving the military shift, whereas, term soldier, Private Hakob Saribekyan from the same military unit for failing to carry out his defined duties. They were sent to the disciplinary isolator of the Military Police department of Stepanakert to serve a disciplinary detention.
However, via the decision to refuse filing a criminal case Captain D. Igityan didn’t clearly specify what rules were violated by the soldiers, on the other hand, the servicemen themselves don’t either remember what disciplinary violations they made.
Vano Varyan’s representative Artur Sakunts is going to appeal the decision based on the order of superiority.