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On March 16, 2016, the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan, RA, presided by judge G. Poghosyan, resumed examination of charges on abuse of powers by Hrant Mazmanyan, former RA National Security Service officer.

Note that at the previous court hearing, having completed the trial proceedings, the Court passed to the stage of judicial disputes.

The court hearing was attended by defendant H. Mazmanyan, his attorney Tanya Hakobyan, prosecutor A. Shahbazyan, affected party Karen Kyupelyan, and his representative T. Siradeghyan, lawyer at HCA Vanadzor Yerevan Office.

At the court hearing, the parties to the trial made speeches.

In his speech, Prosecutor A. Shahbazyan stated that the evidence obtained during the proceedings established the guilt of H. Mazmanyan under the charges that when holding the office of Senior Operative Agent at Division 3, Sector 3 of the RA NSS Chief Counterintelligence Department and in a capacity of a person in special public service, upon apprehending K. Kyupelyan from Zvartnots Airport to the RA NSS administrative premises on November 1, 2007, at about 8 pm, on suspicion of attempted smuggling, an act prohibited by the Criminal Code, and drafting relevant records, he abused his official powers and in spite of being under obligation to release K. Kyupelyan immediately after 3 hours, kept him illegally against his will on the NSS administrative premises till November 2, 2007, at about 9 am. Prosecutor A. Shahbazyan stated that there were no mitigating and aggravating circumstances in this case and motioned that the Court found defendant H. Mazmanyan guilty of the crime under Article 309(1) of the RA Criminal Code. At the same time, A. Shahbazyan motioned that the Court exempted H. Mazmanyan from the punishment due to expiry of the limitation period for the crime.

In her speech, representative of aggrieved party/victim K. Kyupelyan, stated that the trial proceedings should have aimed to protect his rights and freedoms, since the complete detection and solution of the crime against him had an immediate effect on the real restoration of K. Kyupelyan’s violated rights and freedoms and compensation for the actual damages inflicted. Despite this, T. Siradeghyan mentioned that the Court took no attempt to reveal the truth in the case. In her speech, the victim’s representative said that the proceedings established that the unlawful act, i.e. illegal keeping of K. Kyupelyan in detention was committed not only by H. Mazmanyan, but also by other officers of the RA National Security Service and was not restricted by his detention only on the night of November 2, 2007. Hence, T. Siradeghyan motioned that the Court applied to the prosecutor requiring him to initiate another criminal proceedings and find H. Mazmanyan guilty of committing the act under Article 309(1) of the RA Criminal Code.

While aggrieved party K. Kyupelyan also wanted to make a speech, presiding judge G. Poghosyan did not allow him to complete his speech noting that according to the RA Criminal Procedure Code, either the aggrieved party, or his/her representative should give a speech and added that he had already heard enough charges by the representative and had no wish to hear the aggrieved party’s speech as well.

In her defense speech, T. Hakobyan, attorney of defendant H. Mazmanyan, provided grounds to the effect that the preliminary investigation and trial proceedings failed to reveal whether H. Mazmanyan was a subject of the crime attributed to him, i.e. an official. T. Hakobyan noted that the evidence obtained under the case did not establish her client’s guilt in the crime and referred to the legal position expressed in a ruling of the RA Cassation Court, stating that finding a person guilty of a crime required a proof beyond reasonable suspicion, which according to the attorney, was missing in this case. She also presented a number of violations and non-established circumstances during the preliminary investigation. Hence, T. Hakobyan requested the Court to find and declare H. Mazmanyan not guilty of the charges brought against him.

The defendant joined his attorney’s speech. While aggrieved party K. Kyupelyan expressed a wish to make a remark, the Court noted that remarks were made only in terms of the speeches and did not allow him to make any. The other parties to the trial had no wish to make any remarks.

In his last plea, defendant H. Mazmanyan said that he did not consider himself guilty of the act committed, found that there were no sufficient evidence to find him guilty and requested the Court to find him not guilty.

The court retired to the deliberation room noting that it would announce the judicial act on March 17, 2016, at 9:55 am.

By its judgment of March 17, 2016, the Court found M. Mazmanyan guilty of the act under Article 309(1) of the RA Criminal Code and exempted him from the liability due to expiry of the limitation period for the crime.