Public Defender Acts Contrary to Interests of Client
18:14, January 30, 2015 | News, Own news | Right to be free from torture and inhuman or degrading treatment, Right to Fair Trial | Detention Facilities, Special Investigation Service
As already reported, on April 2, 2014, the HCA Vanadzor filed a crime report to the RA Special Investigation Service on the inhuman treatment by the police officers to Robert Muradyan, Andranik Mkhitaryan and John Martirosyan, inmates of the RA MoJ ‘Artik’ penitentiary.
Based on the crime report, the RA SIS initiated a criminal case on April 14, 2014; however on October 3, 2014, it was decided to discontinue the criminal proceedings and stop the criminal prosecution.
On December 12, 2014, the HCA Vanadzor filed a letter of complaint to the RA Prosecutor General demanding to annul the RA SIS decree of October 3 and forward the case to reinvestigation. The complaint was dismissed due to lack of grounds.
Upon receiving and reviewing the decrees on discontinuing the criminal proceedings and not instigating criminal prosecution, the HCA Vanadzor revealed another violation in the investigative actions, particularly, the fact that Andranik Mkhitaryan’s advocate Zh. Petrosyan was also questioned within the criminal case.
This fact follows from the paragraph below found in the criminal records: “As for A. Mkhitaryan’s statement to the effect that the investigators did not record the statement on the violence committed against him by the police officers, it was denied by the testimonies of both investigators Hayk Martirosyan and Vigen Margaryan, and A. Mkhitaryan’s advocate Zh. Petrosyan.” Based in this reference, it can be stated that Zhora Petrosyan, advocate at the RA Public Defender’s Office, was also questioned within the criminal case.
Under the RA Law on Advocacy, it is prohibited to question an advocate as a witness on circumstances of the case that became known to him/her upon providing legal aid or responding to any application.
According to the Advocates’ Code of Conduct, advocate Zh. Petrosyan violated a number of clauses, including committing actions contrary to the interests of his client.
Based on the above, the HCA Vanadzor applied to Ara Zohrabyan, President of the RA Chamber of Advocates to initiate disciplinary proceedings against the advocate and hold him liable.