The International Organization “Human Rights Watch” which struggles for the protection of humanm rights is more than 70 countries has sent a letter to Armenia, in particular to the President of the RA Court of Cassation, Hovhannes Manoukyan.
Your Honor,
Please accept my greetings on behalf of Human Rights Watch. As you may know, Human Rights Watch is an independent, international human rights organization that advocates respect for human rights in some seventy countries worldwide, including Armenia.
We are writing to express our deep concern regarding allegations of torture and inhuman and degrading treatment relating to the case of Razmik Sargsian, Musa Serobian and Arayik Zalian, convicted of murdering two of their fellow conscript soldiers. The Court of Cassation received a request to hear an appeal in this case on September 11, 2006.
On May 13, 2005, the Syunik Marz Court of first instance sentenced Razmik Sargsian, Musa Serobian and Arayik Zalian to fifteen years of imprisonment. On May 30, 2006, the Court of Appeals changed the sentence to life imprisonment.
During a recent mission to Armenia, Human Rights Watch collected information about the case. Taking no position on the defendants’ innocence or guilt, we are profoundly concerned that the verdicts of both courts were largely based on the confession of one of the defendants, Razmik Sargsian. There are reasonable grounds to believe that his confession was made following subjection to torture and other cruel treatment. Sargsian stated first to his lawyer and then later in court that after he had been initially questioned as a witness in the case on April 19, 2004, he was subjected to several days of brutal beatings and psychological pressure by the military procuracy investigators, as a result of which he confessed to the crime and incriminated Serobian and Zalian as his accomplices. Sargsian states that the investigators handcuffed his hands behind his back, suspended him from his hands and beat him in this position. They also threatened him with rape. In a video tape of the confession, Sargsian’s face was swollen and bruised, strongly suggesting that he had suffered ill-treatment prior to making the confession.
Later, during the pretrial investigation and at the trial Sargsian stated his innocence saying that he had been forced under physical and psychological pressure into making the confession. The other defendants, Serobian and Zalian, also told the court they had been tortured during interrogations by investigating officers, and they never pleaded guilty. The Syunik Marz court, however, did not investigate the allegations of ill-treatment and denied the defense’s motions that were introduced to substantiate the torture complaints. For instance, the court refused to grant the defense’s motion to do an examination of the wooden floor in the investigation room in which the men were questioned. According to the defense, the floor has blood stains as result of the torture of Sargsian, Serobian and Zalian. The court also refused to examine medical documents from the hospital where Sargsian was taken during his hunger strike which indicate a variety of medical problems, some of which appear to be the result of beatings.
In addition, in its verdict the court did not address numerous contradictions in the prosecution’s case, including those related to the date, hour, place, and method of the killing.
The defendants’ lawyer has submitted an application to the European Court of Human Rights alleging numerous violations of the European Convention on Human Rights with respect to the defendants.
International treaties to which Armenia is a party, including the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibit the use of torture. These treaties also emphasize that statements made under torture cannot be invoked as evidence, except against a person accused of torture. International law also obliges states to guarantee defendants’ right to a fair trial and to ensure that any criminal proceedings areconducted in accordance with fundamental due process requirements. The failure to uphold these standards would constitute serious breaches of Armenia’s international obligations.
Your honor, we hope that the Court of Cassation, will be fully mindful as it reviews the case that it does so in accordance with Armenia’s binding human rights obligations.
Human Rights Watch believes that it is very important that given the credible allegations of torture in this case, and Armenia’s obligations to do so, that a prompt investigation into the allegations is ordered, and that all measures are put in place to ensure that any conviction based on evidence coerced under torture does not stand.
Thank you for your attention to this urgent matter,
Sincerely,
Holly Cartner
Executive Director
Europe and Central Asia Division
http://www.a1plus.am/, 15.09.2006