“Mitigating Accusation Contested”
00:00, April 1, 2011 | Press Release | Right to Life, Rights of Soldiers/Recruits | Armed ForcesRelatives of Vanadzor resident, Gevorg Kotsinyan, who died of from asevere physical attack in one of the Nagorno-Karabakh military units, claim that the Investigation Authorities should have filed the case as an intentional murder. Based on the forensic examination of 19-year-old Gevorg Kotsinyan’s corpse, it was clear that he died from a cardiac arrest which resulted from a blunt trauma.The forensic examination revealed that Gevorg had been healthy and this fact is confirmed by Gevorg’s relatives.
“I sent a great guy to the army and look what they brought back to my house. Who will be punished for this? They have brutally attacked my child and forced him to this state. He was in slippers while they kicked him severely with military boots. How come the authorities want to mitigate their guilt? They have no right to live. Either they get a life sentence or give me my child back!” complained his mother, Margarita Adamyan.
As a result of the physical attack, Gevorg Kotsinyan sustained a severe trauma to his chest, a hemorrhage of the left ventricle and a severe cardiac contusion. “His heart turned white when in fact, it should have been red”, noted Boris Adamyan, Grevorg’s uncle who was present during the autopsy. Currently, he is Gevorg’s successor.
According to Adamyan, Gevorg was beaten for lighting a cigarette. “Soldiers, who had been abusing alcohol, ordered him not to smoke. Though he complied with their order, it did not prevent the four drunken soldiers from beating him to death”. The young Vanadzor resident died on February 6, 2011 in one of the military units based in Nagorno-Karabakh as a result of severe physical damage allegedly caused by his fellow soldiers.
In conformity with the filed case, Privates Taron Suvaryan and Vahe Aghajanyan, Junior Sergeant Margar Davtyan and Senior Lieutenant Armen Rafayelyan had beaten the conscript to death. The four soldiers are currently being detained at Shushi Prison.
Privates Taron Suvaryan, Vahe Aghajanyan were charged according to Article 359, Section2, and Point 2 of RA Criminal Code: ”Violation of fundamental laws of RA Criminal Code on military servicemen interrelations conditioned by the lack of inferiority expressed by degradation of individual’s dignity and honor or derision paralleled with violations or prosecutions… that was carried out 2) by a group of individuals” as well as according to Article 112, Section 2, Point 6 and 14 of RA Criminal Code: “Deliberately inflicting severe damage to health…, which was implemented by a group of individuals or a group of people, unintentionally causing victim’s death”.
Junior Sergeant Margar Davtyan, who is also arrested in this case, is charged under Article 359, Part 2, Point 2, as well as under Article 38-359, Part 2, Point 2 of the RA Criminal Code (supporting the crime), Article 112,Part 2, Point 6,9,14 and Article 375 Part1 on ”Exceeding authorities and power dereliction”.
Detained Senior LieutenantArmen Rafayelyan is charged under Article 375, Part 1.
The family members of the 19-year-old conscript disagree with the aforementioned articles and claim that the “murderers” are charged under “mitigating” articles.”The preliminary investigation is on the wrong track: they should have charged them under Article 104. How else is a deliberate murder carried out, if none of the organs function as a result of a severe beating? If it was a case of negligence, they would have kicked him, let’s say twice, which would have caused him to fall down and break his leg or possibly have a head injury. However, they were determined to kick him to death. Even after this, they didn’t get enough of it, and when the child ran aside to catch his breath, Margar Davtyan kicked him in the back and caused him to pass out. After that, he never again regained consciousness”.
Should they have stabbed him in order to call it a intentional murder? He was beaten to death deliberately”, states Gevorg Kotsinyan’s successor, Boris Adamyan.
It should be noted that Boris Adamyan turned to the HCA Vanadzor Office to protect the deceased, Gevorg Kotsinyan’s rights. As of this date, the Preliminary Investigation Body hasn’t provided Boris Adamyan with any resolution over the case. And without resolution, he won’t be able to assess or appeal the case. “The Preliminary Investigation Body didn’t provide Boris Adamyan with copies of all the resolutions; including decisions on filing the case, involvement of defendants along with the conclusions of the Investigation Body”, explains HCA Vanadzor office advocate Arayik Zalyan.
Boris Adamyan sent a letter to the Investigation Service of the RA Ministry of Defense with a request to provide his absolute participation in the preliminary investigation. The conscript’s successor claims that he keeps track of the case investigation via his phone.
“Nothing but the forensic examination conclusion has been provided so far” points out the successor.