Examination of HCA Vanadzor’s complaint on the case of Kajik Grigoryan who burnt himself on Baghramyan Avenue postponed
18:43, January 24, 2017 | News, Own news
On January 23, 2017, the General Jurisdiction Court of First Instance of Arabkir and Kanaker-Zeytun administrative districts of Yerevan city, presided by Judge A. Nikoghosyan, examined HCA Vanadzor’s complaint against the decision of K. Khanumyan, Investigator for High-Profile Cases at the General Department for High-Profile Cases of the RA Investigative Committee, on rejecting to initiate criminal proceedings based on the materials of September 29, 2016.
By the above decision, the investigating body refused to initiate criminal proceedings on disclosure on July 31, 2016 by N. Davidyan, Director of the Republican Scientific Center for Radiation Medicine and Burns, of information constituting medical secret about Kajik Grigoryan who burnt himself on July 30, 2016 on Baghramyan Avenue.
The hearing on the complaint was attended by HCA Vanadzor’s representative Tatevik Siradeghyan, lawyer at Yerevan Office of the Organization, K. Khanumyan, Investigator responsible for the investigation and V. Poghosyan, Senior Prosecutor at the Department for High-Profile Cases of the RA Prosecutor General’s Office. They did not file any challenge motion with the court. The Court verified the identities and powers of the parties and found out that V. Poghosyan, Senior Prosecutor at the Department for High-Profile Cases of the RA Prosecutor General’s Office, had no relevant power of attorney to attend the examination of the complaint.
The Court established the procedure for examining the complaint, after which the representative of HCA Vanadzor introduced its grounds and rationale. She noted that after K. Grigoryan’s death, N. Davidyan, Director of the Republican Scientific Center for Radiation Medicine and Burns, disclosed information about him that constituted medical secret and by its decision following the report, the investigating body found that such disclosure was required by professional and official necessity, namely to prevent the risk that the people might communicate HIV virus.
T. Siradeghyan noted that the appealed decision did not meet the requirements of full, comprehensive and objective examination of the case, was ill-founded and should be annulled. She drew the Court’s attention to the fact that by its decision the investigating body addressed only the absence of elements of crime in terms of disclosing information constituting medical secret only on K. Grigoryan’s being HIV-positive, whereas drug addiction was a disease as well and therefore, disclosing information on it also meant disclosing information constituting medical secret.
Grounds were also provided on the elements of crime in terms of disclosing information on his being HIV-positive due to professional and official necessary.
Thus, the Organization’s representative requested the Court to annul the decree of K. Khanumyan, Investigator for High-Profile Cases at the General Department for High-Profile Cases of the RA Investigative Committee, on rejecting to initiate criminal proceedings based on the materials of September 29, 2016
The examination of the complaint was postponed due to another hearing previously scheduled at the courtroom.
The examination of the complaint will be resumed on February 9, 2017, at 4:30 pm.