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Helsinki Citizens’ Assembly Vanadzor carries on restoring the violated rights of military serviceman Hayk Movsisyan deceased in pre-trial detention cell in NKR on November 27, 2012. Note that he had been drafted with mental health problems. Later during his military service, criminal proceedings were initiated against him for committing self-injury to avoid his service duties temporarily. Several days after the announcement of the judgment on this case, H. Movisisyan was found dead in a pre-trial detention cell in NKR.

Note that by its ruling of April 16, 2013, the RA Criminal Court of Appeals acquitted Hayk Movsisyan.

To seek a legal assessment of the actions of the officials under Hayk Movsisyan’s criminal case, the case was submitted to the RA SIS, which initiated criminal proceedings under official negligence. Under the case, H. Movisisyan was never declared a victim, and consequently his mother, not declared a successor to the victim, had no opportunity to familiarize herself with the case files, including the testimonies of a number of high-ranking military officials under the criminal case.

A. Sakunts, Chairman of HCA Vanadzor, and A. Zalyan, HCA Vanadzor lawyer, representatives of Hayk Movsisyan’s mother Heghine Petrosyan, appealed to a court of law the decree of the preliminary investigation agency on not declaring her a successor to the victim.

On May 19, 2014, the General Jurisdiction Court of First Instance of Kentron and Nork-Marash administrative districts, Yerevan, intentionally evaded Article 100 of the RA Criminal Procedure Code, according to which the applicant shall have the right to appeal to a court of law the decree on refusing to declare him/her a party to the trial or postponing solution of the claim within 5 days upon receiving a copy of such a decree, and based its ruling on the fact that the decree on not declaring Heghine Petrosyan a party to the trial had not been appealed to higher authorities.

The appeal against this decree was dismissed, too.

On February 27, 2015, the RA Court of Cassation reversed partially the decrees of the lower courts by submitting the case to a lower court for re-examination.   

On August 20, 2015, the ruling of the General Jurisdiction Court of Kentron and Nork-Marash administrative districts, Yerevan, on dismissing the appeal was appealed to the Court of Appeals which was dismissed as well on October 23, 2015.

On November 17, 2015, Heghine Petrosyan’s representatives appealed to the RA Cassation Court the ruling of the RA Court of Appeals dated October 23, 2015.

On February 29, 2016, the RA Cassation Court refused to admit the appeal.

Note that the criminal proceedings on official negligence initiated by the RA SIS under Hayk Movsisyan’s criminal case were discontinued. The above decree on discontinuing the criminal proceedings was appealed to a court of law. By exhausting all the judicial remedies, H. Petrosyan’s representatives filed a complaint with the European Court.

It should be added that the RA Cassation Court ruling of February 29, 2016 will be also appealed to the European Court.