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On September 15, 2016, the RA Court of Criminal Appeals, presided by Judge G. Melik-Sargsyan, examined the appeal filed by Tanya Hakobyan, attorney of Hrant Mazmanyan, former officer of the RA National Security Service, against the judgment of the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city, RA, dated March 17, 2016. Note that the court found H. Mazmanyan guilty of the act under Article 309(1) of the RA Criminal Code and exempted him from criminal liability based on the expiry of the limitation period.

The examination of the appeal was attended by defendant H. Mazmanyan, his attorney T. Hakobyan, prosecutor A. Shahbazyan, victim Karen Kyupelyan and his representative, Tatevik Siradeghyan, lawyer at Yerevan Office of HCA Vanadzor.

Defendant’s attorney T. Hakobyan mentioned in support of her appeal that H. Mazmanyan was not a subject of the corpus delicti prescribed under Article 309(1) of the RA Criminal Code; he carried out his superior’s order. According to the attorney, the General Jurisdiction Court of First Instance violated the norms of substantive and procedural law which served as a basis to reverse the judicial act.

Both prosecutor A. Shahbazyan, and the aggrieved party found the appeal unfounded and stressed that proper trial examination proved that H. Mazmanyan was guilty of the charges brought against him.

In response to the Court’s question on motions on providing further evidence, T. Hakobyan motioned to involve as a witness under the case examined at the RA Court of Criminal Appeals and question RA NSS officer E. Nanyan to clarify information on apprehension of the victim, his entrance to the administrative building of the RA NSS and how long he stayed there, which would make it possible to ensure a comprehensive examination of the case.

The aggrieved party stated that it considered the fact that H. Mazmanyan was guilty of the act in question established and did not object to the motion taking into account that upon a similar motion the Court had summoned as a witness and questioned T. Aghajanyan, former RA NSS officer as well as considering it important to question E. Nanyan to find out whether H. Mazmanyan was given an order to keep K. Kyupelyan at the administrative building of the RA NSS.

To express its final position on the motion, the Court considered it necessary to examine the case files and E. Nanyan’s pre-trial testimonies and delayed the discussion of the motion.

The next court hearing will be held on September 24, 2016, at 1 pm.

Note that on November 1, 2007, at about 6 pm, K. Kyupelyan was apprehended by his vehicle from Zvartnots airport by E. N., H. M. and one more officer of the RA NSS to its administrative premises where he was transferred at about 7 p.m. Upon being transferred to the administrative building of the RA NSS, K. Kyupelyan was kept there for almost a day till November 2, 2007, at about 5 pm.