Court of Appeals rejected the complaint on case of K. Grigoryan who burnt himself on Baghramyan Avenue
17:10, May 23, 2017 | News, Own news
Today, on May 22, 2017 the RA Court of Criminal Appeals examined the appeal of HCA Vanadzor on the case of Kajik Grigoryan who burnt himself on Baghramyan Avenue.
Note that in his interview to journalists, N. Davidyan, Director of the Republican Scientific Center for Radiation Medicine and Burns CJSC, disclosed confidential medical information on Kajik Grigoryan. HCA Vanadzor filed a crime report, but K. Khanumyan, Investigator for High-Profile Cases at the General Department for High-Profile Cases, RA Investigation Committee, decided to reject initiation of criminal proceedings. On April 3, 2017, the General Jurisdiction Court of First Instance of Arabkir and Kanaker-Zeytun administrative districts of Yerevan city also rejected the Organization’s complaint on the said decision.
The examination of HCA Vanadzor’s appeal against the first instance court’s ruling was attended by the Organization’s representative Tatevik Siradeghyan, lawyer at Yerevan office of HCA Vanadzor, supervising prosecutor V. Poghosyan and investigator K. Khanumyan responsible for the investigation.
The Court presented the content of the lower court’s ruling and the appeal and then T. Siradeghyan provided the grounds of the appeal.
She particularly noted that initiation of criminal proceedings on the part of K. Grigoryan’s being HIV-positive was rejected based on the absence of subjective part in the action whereas at the stage of initiating criminal proceedings only the availability of an object and objective part of actions should be established. She also argued that given the availability of the reasons and grounds for initiation of criminal proceedings, the investigative body was obliged to initiate such proceedings and the decision on rejecting initiation of criminal proceedings was subject to annulment in that case.
Then T. Siradeghyan referred to the disclosure of confidential medical information that K. Grigoryan was a drug user and noted that the first instance court did not consider at all the availability or absence of elements of crime on that part. And as disclosure of information considered medical secret should be basis for initiating criminal proceedings and the Court did not refer to it, the court ruling should be reversed.
Thus, T. Siradeghyan asked the Court to reverse the lower court’s ruling on considering the complaint and make another judicial act.
V. Poghosyan, Senior Prosecutor at the Department for High-Profile Cases, RA Prosecutor General’s Office, and K. Khanumyan, responsible for the investigation, objected to the appeal.
V. Poghosyan argued that the information considered medical secret was disclosed based on official and professional necessity which is in itself a factor excluding any elements of crime. Then he added that N. Davidyan had no intention to disclose any information about the person being a drug user.
Investigator K. Khanumyan also noted that the information was disclosed for the public interest which is not a criminal offense.
Presiding judge M. Arghamanyan asked the trial participants some questions and then they provided their remarks.
The court left to the retiring room to make a ruling.
By its ruling, the Court rejected HCA Vanadzor’s appeal and upheld the lower court’s judicial act.