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On November 10, 2015, the RA Criminal Court of Appeal, presided by judge M. Arghamanyan, started examination of Hovhannes Katrjyan’ appeal against the ruling of the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan, RA, dated September 29, 2015. Note that upon judicial review of the legality of the decree by G. Margaryan, Senior Prosecutor at Yerevan city Prosecutor’s Office on terminating criminal proceedings dated April 13, 2015, the General Jurisdiction Court dismissed the appeal of H. Katrjyan.

The hearing of November 10, 2015 was attended by appellant H. Katrjyan, his representative T. Siradeghyan, HCA Vanadzor Yerevan Office lawyer and Prosecutor G. Margaryan. Within the examination of the appeal, presiding judge M. Arghamanyan provided the rationale for the judicial act, the merits of the appeal and then gave the floor to the plaintiff party to provide the rationale of the appeal. H. Katrjyan’s representative, HCA Vanadzor Yerevan Office lawyer T. Siradeghyan outlined the factual background of the case and then provided the rationale of the appeal. She mentioned that the court had committed violations of both substantial and procedural rights, and this may serve the basis to annul its ruling. However, T. Siradeghyan did not provide the complete rationale of the appeal since she motioned to adjourn the hearing due to her attendance at another court hearing scheduled in advance. The Court upheld the motion, adjourned the hearing and scheduled another one for November 16, 2015, at 3 pm. Note that since 1985, H. Katrjyan has been living with a heart stimulating device and in 2004 and 2008 underwent 2 surgeries at the Arrhythmology Cardiology Center of Armenia. “In the recent case, the patient paid the amount as prescribed by the pricelist for installing a device with a factory warranty service period of 8-10 years. Later H. Katrjyan found that a device installed had a factory warranty service period of 5 years and 5 months, and in 2004, a device already used once had been installed, which is not envisaged by the producing company. Criminal proceedings were initiated against the Executive Director of the Center surgeon Smbat Jamalyan, but were terminated on April 13, 2015 by G. Margaryan, prosecutor at Yerevan City Prosecutor’s Office.