Positive Obligations of the State and Children Dying of Unknown Causes: Elen Parsadanyan
13:27, January 19, 2015 | News, Own news | Children's rights, Right to LifeAs a legal state, the Republic of Armenia has positive obligations to its citizens and undertakes to protect their rights. However, in some cases, the state fails to fulfill all its obligations. Such cases include the death of baby Elen Parsadanyan on September 4, 2012.
The circumstances and causes of Ellen Parsadanyan’s death still remain unrevealed since this issue repeatedly brought before the RA Investigation Committee and courts of law is still inadequately explored and examined.
In response to their crime report, as well as the subsequent applications, appeals and complaints to higher instances, the HCA Vanadzor and Lusine Parsadanyan, Ellen Parsadanyan’s mother, received only letters of rejection. Upon application of child’s mother and HCA Vanadzor, 2 forensic expert examinations were assigned and performed to reveal the circumstances of Ellen Parsadanyan’s death. However, during such examinations, the investigators failed to ask relevant questions, and therefore, none of the 2 examinations appeared to reveal the real causes of the child’s death.
No expert examination performed so far has been able to provide answer to the question how it happened that a completely healthy child at birth was diagnosed with a congenital incurable disease some months after her birth. How it happened that the bodily injuries of the 1-year-and-four-month-old baby, namely wounds in the area of an eye and the nose and damaged lung did raised no suspicions among the investigators, and upon the initial expert examination, the preliminary investigation agency still took as a basis only the testimonies of the medical staff of ‘Arabkir’ Medical Center and ‘St. Grigor Lusavorich’ Medcial Center?
On January 31, 2014, the first instance court of general jurisdiction of Arabkir and Kanaker-Zeytun administrative districts initiated proceedings on Ellen Parsadanyan’s case and ruled to submit the case for reinvestigation. Afterwards, the Prosecutor’s Office of the community above ruled to initiate criminal proceedings and assign another forensic expert examination, however, on October 21, 2014, a ruling stated discontinuing of the criminal proceedings. The complaints filed to higher instances yielded no results as well.
On December 18, 2014, the HCA Vanadzor and Lusine Parsadanyan filed a complaint on improper investigation to the first instance court of general jurisdiction of Arabkir and Kanaker-Zeytun administrative districts of Yerevan city, RA, demanding to annul the decree by investigator Genjoyan from the RA Police Arabkir Investigation Department on dismissing criminal proceedings and submit the case for re-investigation.
We do hope that the RA court of law takes another fair ruling, and the state fulfills its obligation to little Elen.