The Court sees no elements of crime in the actions of the military commanders: complaint of HCA Vanadzor was rejected
12:01, October 20, 2016 | News, Own news | Rights of Soldiers/Recruits | Armed ForcesOn October 19, 2016, the General Jurisdiction Court of Lori marz (region), presided by judge S. Baghdasaryan, carried on examination of the complaint of HCA Vanadzor against the decision of A. Kobalyan, Investigator at the 7th Garrison Investigative Division of the General Military Investigative Department, RA Investigative Committee, on rejecting imitation of a criminal case based on the crime report on the illegal ruling of the commanders on serviceman Razmik Petrosyan.
The previous court hearing was postponed to give an opportunity to the Court and the plaintiff party to get familiar with the investigative materials and complaint files.
At the beginning of the hearing, the Court asked questions trying to find out the plaintiff party’s opinion on the grounds for initiating criminal proceedings. In response to this, S. Soghomonyan, representative of HCA Vanadzor, first noted that the officials took actions they were not authorized to take by law and made a decision not defined by any legal act and that there had been no such precedents before. Then she added that the law enforcement agencies should give an assessment to the actions of the commanders of the military unit.
M. Mazmanyan, Senior Prosecutor at Lori Garrison Military Prosecutor’s Office, and V. Virabyan, Deputy Head of the 7th Garrison Investigative Division of the General Military Investigative Department, RA Investigative Committee, expressed an opinion that there were no grounds for imitating criminal proceedings on the actions of the military commanders in the sense of the RA Criminal Code as the actions above lacked the element of public danger and added that any omission by the commanders in this case was excluded as well; they took all the possible measures to organize R. Petrosyan’s service.
Considering the examination of the complaint completed, the Court retired to the deliberation room to make a ruling. By its ruling announced shortly after, the Court rejected the complaint of HCA Vanadzor.
The court’s ruling will be appealed under the prescribed procedure.