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On March 15, 2017, the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts of Yerevan city, RA, presided by judge M. Melkonyan, resumed examination of young Lia Misakyan’s death, under which Lilit Vardanyan and Zarine Ayvazyan, doctors at ‘Arabkir’ Medical Center, were charged under Article 130(2) of the RA Criminal Code.

The court hearing was attended by defendants L. Vardanyan and Z. Ayvazyan, their defense counsels G. Hovhannisyan and Y. Sargsyan, prosecutor M. Shahgaldyan, 2-year-and-3-month victim Lia Misakyan’s successor G. Misakyan and his representative T. Siradeghyan, lawyer at Yerevan Office of HCA Vanadzor.

Defense counsel Y. Sargsyan asked the Court a question on Para. 17 of the RA Cassation Court’s ruling where the latter expressed a position that by imposing no additional sanctions on L. Vardanyan and Z. Ayvazyan, the lower courts violated certain provisions of the RA Criminal Code. The defense counsel wondered to what extent the Court would take that position as a basis while examining the case and mentioned that depending on the answer he might file with the Court a challenge motion.

Presiding judge M. Melkonyan answered that the Court would address those questions at the stage of making the judicial act and the case would be examined within the scope determined by the RA Court of Cassation. As a result, Y. Sargsyan requested to postpone the court hearing, so that he might discuss with his client the challenge motion and their further tactics. Prosecutor M. Shahgaldyan did not object to the motion and mentioned that the RA Cassation Court’s ruling might not serve basis for the Court.

T. Siradeghyan, representative of the victim’s successor, noticed a tendency to unduly postpone court hearing once again and noted that the motion might be considered well-grounded only if the defense counsel provided sufficient evidence on the grounds of missing the previous hearings. And she added that the positions expressed in the invoked paragraph of the Cassation Court’s judgment might not explicitly serve basis for imposing additional sanctions.

L. Vardanyan’s defense counsel G. Hovhannisyan shared Y. Sargsyan’s opinion and attributed his absence from the previous hearings to his health problems adding that he did not seek medical aid and could not provide medical documents.

The Court granted the defense counsel’s motion and postponed the hearing. The examination of the case will be resumed on April 3, 2017, at 2 pm.