Court of Appeal did not annul the General Jurisdiction Court ruling and obliged the agency responsible for proceedings to annul the violation of the rights and freedoms of successor to victim
11:54, June 8, 2015 | News, Own news
On June 3, 2015, the RA Criminal Court of Appeal, presided by judge G. Avetisyan, resumed examining the appeal by Prosecutor’s Office of RA Yerevan city Arabkir and Kanaker-Zeytun administrative district against the judicial act on annulling the ruling on discontinuing the criminal proceedings on the case of baby Elen Parsadanyan’ death. Note that HCA Vanadzor lawyers Arayik Zalyan and Ani Chatinyan, representatives of Lusine Parsadanyan, successor to the victim, appealed the decree to discontinue the criminal proceedings to the general jurisdiction court of Arabkir and Kanaker-Zeytun administrative districts of Yerevan, RA, which upheld the appeal. Also, note that at the previous court hearing within the examination of the appeal, the Parties respectively presented the appeal and objections against it, and upon asking them some questions, the presiding judge adjourned the hearing due to the heavy workload of the Court. The court hearing of June 3, 2015 was attended by the appellant A. Mnatsakanyan, Prosecutor at the Arabkir and Kanaker-Zeytun administrative district Prosecutor’s Office of the RA Yerevan city Prosecutor’s Office, G. Genjoyan, responsible for the proceedings, and A. Chatinyan, representative of the successor to the victim. The presiding judge G. Avetisyan attempted to find out from the agency responsible for the proceedings the reasons underlying the hasty decision to discontinue the criminal proceedings. In response to this, G. Genjoyan noted that the forensic expert re-examination did not confirm the existence of any medical error, and this served as a basis for the relevant decree. The presiding judge asked a few more questions regarding the violation of the rights of the aggrieved party and left to the retiring room to make a ruling. By its ruling announced shortly after, the Court rejected the appeal by the Prosecutor’s Office of Arabkir and Kanaker-Zeytun administrative district, Yerevan, RA, and at the same time changed the judicial act of the General Instance Court by particularly obliging the agency responsible for the proceedings to annul the violations to the rights of the successor to the victim and her representatives. The judicial act of the RA Criminal Court of Appeal and its analyses therein will be presented upon receiving the ruling under the established procedure.