Action of Protest in front of the Presidential Palace for the Mataghis Case
12:56, December 13, 2012 | Press Release | Right to Fair Trial, Right to Life, Rights of Soldiers/Recruits | Armed Forces
Today, on December 12, 2012, there was a protest action held in front of the Presidential Palace in Yerevan, demanding justice on the Mataghis Case. the participants of the protest included the mother of murdered Hovsep Mkrtumyan, the accused and their family members, representatives from the Army in Reality and other civil initiatives and NGOs, parents of other victims of non-combat deaths, as well as the former Defense Attorney of the accused Arayik Zalyan, Musa Serobyan, and Razmik Sargsyan, MP Zaruhi Postanjyan. The participants of the protest presented their demand to then Minister of Defense, Serzh Sargsyan, who had stated on January 19, 2007, that he was demanding of the case to be revealed.
It is more than urgent at this point that Serzh Sargsyan follows up with his words,
because the next hearing on the case will be held at 11:00 a.m., on December 14, 2012 at the Shirak Region Court of Common Jurisdiction, where Movses Mkrtumyan, the successor of one of the victims, Hovsep Mkrtumyan, will present his position on the case, then the defense attorney will give his speech, and the defendants will say their last words.
The participants submitted a copy of the claim to the office of the Presidential Palace, where they were told that the answer would be sent within 5 days.
It has been 4 years since the Shirak Region Court of Common Jurisdiction is conducting a second trial on the murder of servicemen Roman Yeghiazaryan and Hovsep Mkrtumyan in 2003 at the Mataghis Army Unit. the murder is blamed on the servicemen of the same unit, Arayik Zalyan, Razmik Sargsyan, and Musa Serobyan. The charges are based on the fabricated confession testimony, which was extorted through torture and violence, something the defendants have stated several times.
Although the de novo investigation conducted upon the decision by the Court of Cassation did not reveal and new factual evidence, the prosecutor’s office again accused the same young men, thus ignoring both the decision of the Court of Cassation and the numerous complaints about the false evidence extorted through torture.
In December 2012, the accusing party changed the charges of willful murder (Article 104 off the RA Criminal Code), and accused the young men of causing death by negligence (Article 112 of the RA Criminal Code).
to Serzh Sargsyan
from the Armenian Society
Claim
On January 19, 2007, you, as the RA Minister of Defense, expressed your disapproval regarding the murder case of the two servicemen in the Mataghis Army Unit, which 3 young innocent men were accused of and sentenced to life in prison.
As a result of the persistent fight of the society, on December 22, 2006, the RA Court of Cassation reversed the life sentenced and released the defendants.
We have come here today to remind you about the words you said on January 19, 2007, as the RA Minister of Defense, which we cite: “My attitude is of course negative, as the two courts convicted the young men, our soldiers, while the other instance acquitted them and sent the case back for another investigation. I, as the Minister of Defense, wonder which court instance was correct and which one was wrong.” “It would fair to punish the two judges, who gave the wrong verdict and to reward the judge of the Court of Cassation, or vice versa.” The first court sentenced them to 15 years in prison, the second court sentenced them to life in prison, which means it was sure that the case was examined objectively, while the next court was the opposite… Therefore I am demanding and I will make sure that the situation is clarified.”
The Mataghis Case, which has been circling the RA Court Instances and has been taken into proceedings in the European Court of Human Rights, is vivid evidence that the judicial system in Armenia has almost failed and that the RA law-enforcement bodies are basically functioning outside the law.
The person holding the office of the President of the Republic of Armenia is at the same time, the Commander-in-Chief of the armed forces; he follows the observation of the Constitution and ensures the natural activity of the legislative, Executive, and Judicial Powers.
The Armenian Society wants to find out:
What is Serzh Sargsyan’s position on the Mataghis Case, who is he demanding of, the three young innocent men and the 2 murdered privates, or the murders and those who cover up the murder: the criminal officers, the prosecutors, the investigators, and the judges?