RA Criminal Court of Appeals Dismissed the Appeal on Boshyan’s Case
15:40, October 29, 2015 | News, Own news | Right to be free from torture and inhuman or degrading treatment, Right to Fair Trial, Right to liberty and securityOn October 26, 2015, the RA Criminal Court of Appeal, presided by judge A. Khachatryan, resumed examination of the appeal filed by Ani and Hakob Boshyans’ representatives, chairman of HCA Vanadzor Artur Sakunts and lawyer of the Organization Arayik Zalyan. This appeal targeted the ruling by the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts of Yerevan, RA, dated September 2, 2015 on dismissing the appeal against the decree by the RA SIS investigator N. Barseghyan on not to initiate criminal persecution and discontinue the proceedings. Note that the previous court hearing was adjourned due to another scheduled hearing. The hearing was attended by appellant’s representative A. Sakunts and supervising prosecutor, Prosecutor at the RA General Prosecutor’s Office, G. Gevorgyan. While introducing the appeal, A. Sakunts substantiated that A. Boshyan was kept at the police station from 6 pm to 3 am without any grounds and suffered humiliation of his honor and dignity and psychological pressure, as well as the failure of the investigating agency to identify and bring to responsibility the persons guilty for the crime. A. Sakunts also found that the lower courts committed significant violations of criminal proceedings regulations that might serve as grounds to challenge the court’s ruling. He therefore required the court to reverse the ruling of the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts of Yerevan, RA, dated September 2, 2015 and to pass another judicial act, eliminate the violations of the rights and freedoms of the appellants and submit the case for preliminary investigation. The appeal was objected by the supervising prosecutor G. Gevorgyan finding the judicial act of the lower court to be well-grounded and legal and asking the court to dismiss the appeal. During the hearing, A. Sakunts filed a motion to the Court on attaching to the case the findings of the examination on A. Boshyan’s psychic state. He also stated that no forensic examination was carried out during the preliminary investigation and the aggrieved party had to arrange such an examination on its own and received the examination findings after the preliminary investigation and examination of the appeal at the first instance court. G. Gevorgyan objected to the motion mentioning that in criminal proceedings, a person is involved as an expert and an expert examination is assigned only under a stipulated procedure. Upon considering the motion, the presiding judge A. Khachatryan dismissed it on the grounds that it failed to comply with the requirements of Article 290 of the RA Criminal Procedure Code. Considering the examination of the appeal completed, the Court left to the retiring room to make a ruling. By its ruling announced half an hour later, the Court rejected the appeal of A. Sakunts and A. Zalyan, representatives of A. Boshyan and H. Boshyan. A. Sakunts and A. Zalyan will appeal the ruling of the RA Criminal Court of Appeal dated October 26, 2015 to the RA Cassation Court.