Cassation appeal on the case of young Lia Misakyan’s death was admitted
15:47, April 25, 2016 | News, Own news | Children's rights, Right to Life | Lia Misakyan
By its decree of April 19, 2016, the RA Court of Cassation admitted the appeal submitted on January 22, 2016 by Artur Sakunts, representative of the successor to victim and Chairman of Helsinki Citizens’ Assembly Vanadzor, on 2-year-and-3-month-old Lia Misakyan’s case who died at ‘Arabkir’ Medical Center on January 3, 2013.
Note that on December 22, 2015, the RA Court of Criminal Appeal, having examined the appeals of the representatives of the successor to victim and defendants’ attorneys on the case of Lia Misakyan’s death, dismissed them.
By the cassation appeal against the court ruling, A. Sakunts, representative of the successor to the victim, found that the court had not assessed the actions of the defendants and the mitigating circumstances of their punishment and responsibility properly by thus making a judicial error significant for the outcome of the case, and required that the Court annulled the judicial act of the RA Court of Criminal Appeals dated December 22, 2015 and changed the punishment in the form of imprisonment imposed on defendants Lilit Vardanyan and Zarine Ayvazyan by sentencing them to imprisonment of 3 years and 3 years and 6 months, respectively.
By the cassation appeal, he also required that the Court imposed on defendants Lilit Vardanyan and Zarine Ayvazyan additional sanction by depriving them of the right to practice certain activities for 3 years and 2 years, respectively.
Note that 2-year and 3-month-old Lia Misakyan was admitted to Arabkir Medical Center on December 31, 2012, at about 8:30 pm and died there on January 3, 2013, at about 00:20 am. Under the criminal proceedings initiated, charges were brought against Lilit Vardanyan and Zarine Ayvazyan, physicians on duty at ‘Arabkir’ Medical Center, under Article 130(2) (failure to fulfill or properly fulfill professional duties by medical and support personnel) of the RA Criminal Code.
By its decree of June 15, 2015, the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts, Yerevan, RA, sentenced Lilit Vardanyan and Zarine Ayvazyan to imprisonment for 2 years and 2 years and 6 months, respectively without additional sanctions.
At the same time, the Court applied Para 4(1) of the Amnesty Act to mark the 22nd anniversary of the RA independence and exempted the defendants from punishment.