The case of the teacher who caused injury of an eye of her pupil is under examination at the Court of Appeals
17:21, July 22, 2016 | News, Own news | Right to be free from torture and inhuman or degrading treatment, Right to Fair TrialHCA Vanadzor protects the rights of Mesrop Khachatryan, an 8th grade student who lost one of his eyes and his eyesight at the High School of Sevan town in Gegharkunik marz (region) on December 9, 2014.
Note that Hasmik Margaryan, Physics teacher at the school above was charged under the incident under Article 120(1) (Inflicting grave injury through negligence) of the RA Criminal Code.
On April 25, 2016, the General Jurisdiction Court of Gegharkunik marz (region) found Hasmik Margaryan guilty of the charges brought against her and imposed a punishment on her in the form of a fine of 200-fold the minimal salary.
Throughout the preliminary investigation and the trial, Mesrop Khachatryan’s parents insisted that the teacher’s actions were not caused by negligence and she had pushed the iron coat rack on the child intentionally, as a consequence of which he sustained a grave bodily injury by losing his eyesight by one of his eyes, and that the criminal proceedings should have been initiated proceedings on intentional infliction of a grave bodily injury. However, this fact was ignored first by the agency initiating the proceedings and then by the court of law. Finally, the court found that imposing a fine of 200,000 AMD was an adequate punishment for inflicting a grave bodily injury (given the fact that it might be impossible to restore the eyesight).
The aggrieved party disagreed with the first instance court ruling and represented by attorney Ani Chatinyan, lawyer at HCA Vanadzor, submitted an appeal stating its position that no impartial investigation into the case was carried out and the testimonies of the parties were considered in a one-sided way, the court failed to consider the testimonies of the aggrieved party by thus leaving it out of the criminal proceedings. During the examination of the case at the Court of Criminal Appeals, another issue was raised that the school administration, by taking on the protection of the child’s right to life and health, was not held liable for the breach of its obligations.
The investigation did not cover another issue why there was a heavy iron coat rack in a classroom for minors, since there was a great possibility of sustaining an injury.
The next hearing at the RA Court of Criminal Appeals is scheduled on July 27, 2016, at 3 pm.