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On March 23, 2016, the RA Criminal Court of Appeals, presided by judge Hambardzumyan, examined the appeal of Gohar and Hovhannes Mosyans, by which they requested to annul the ruling dated February 5, 2016 of the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts, Yerevan, RA, and issue another judicial act.

The hearing was attended by appellant G. Mosyan’s representative Tatevik Siradeghyan, HCA Vanadzor lawyer, and supervising prosecutor H. Petrosyan.

Upon making sure that there were no challenge motions, the Court passed to the presentation of the appealed ruling and the merits of the appeal, after which G. Mosyan’s representative took the floor to substantiate the appeal. She noted that upon examining the lawfulness of the decree of S. Arakelyan, responsible for the proceedings, the Court failed to make a well-reasoned ruling whereas the appellant referred to the RA Cassation Court rulings that considered it necessary that the court of law issued well-reasoned rulings. Then, T. Siradeghyan, G. Mosyan’s representative, provided grounds to the effect that the agency responsible for preliminary investigation failed to fulfill its obligation to ensure a full, comprehensive and impartial investigation into the case. Thus, T. Siradeghyan requested the Court to reverse the lower court’s judicial act and issue a new one.

Supervising prosecutor H. Petrosyan expressed his position on the appeal. He considered the decree of the agency responsible for the proceedings to be legal and noted that some questions raised in the appeal were not subject to clarification by the RA Special Investigation Service, but rather covered the scope of the criminal case initiated against H. Mosyan.

At the examination of the appeal, G. Mosyan, who was late for the court hearing, also expressed her position.

Upon making sure that there was no need for any further evidence, the Court retired to the deliberation room to make a ruling.

By its ruling announced shortly after, the Court dismissed the appeal above by upholding the ruling dated February 5, 2016 of the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts of Yerevan, RA.

Note that first, HCA Vanadzor and then G. and Hovhannes Mosyans filed a crime report to the RA Special Investigation Service on inhuman and degrading treatment, unlawful deprivation of liberty and obstructed exercise of the right to an attorney of conscript Hovhannes Mosyan by S. Varantsovyan, Investigator at the 4th Garrison Investigation Department of the RA Investigative Committee Military Criminal Cases Department. However, upon collection of the case files, S. Arakelyan decreed to reject initiation of criminal proceedings due to the absence of corpus delicti.