The identity of witnesses was concealed deliberately: Advocate
05:59, October 8, 2013 | News | Right to Fair Trial, Right to LifeYesterday the court trial over the case of advocate Samvel Sharbatyan’s murder was underway at the Lori Region Court of Common Jurisdiction, presided by Judge Narine Hovakimyan. It should be noted that on September 18 Advocate Ruben Hakobyan submitted a claim at Taron Department of Vanadzor Police against witness over the same case Hasmik Manucharyan, the sister of deceased Samvel Sharbatyan for posing threats to his defendants Samvel Diloyan and Aren Veranyan after the court hearing held on September 17.
Via September 30 note Vanadzor Police Chief Erik Sharmazanov notified the advocate and his defendants that through the prepared materials the lodging of the criminal case was rejected due to lack of crime. Hasmik Manucharyan explained to the Police that the threats were posed by her in a state of excitement to protect the dignity of her deceased brother from humiliation.
Yesterday #4 courtroom of Vanadzor Court was overcrowded with Samvel Diloyan’s supporters. The majority of them were the defendant’s students and people from his circle.
“The approaches of those gathered in the court hall in relation to the murderers cause pain to me as the victim’s widow. I consider it immoral to welcome and acquit the murderers”, noted Satenik Sargsyan.
“Hetq” requested explanation from Vice rector of Vanadzor Pedagogical Institute Tumanyan for allowing the participation of students in Associate Professor Samvel Diloyan’s court trial at the time of their classes. “The student should be in the auditorium, so this is the first case I hear about it. I don’t still know whether or not those students were from the long distance program. That should also be checked”, stated Mrs. Tumanyan.
Through his motion, Samvel Diloyan’s and Aren Veranyan’s defense attorney Ruben Hakobyan challenged to the accusing party and Lori Region Prosecutor’s Office. The defense attorney finds that the preliminary investigation was conducted with numerous violations of the Criminal Procedure Code. He particularly noted about “a number of illegalities” displayed by the criminal case trial conducting investigator during the witness confrontation.
From February 6 defendants Samvel Diloyan and Aren Veranyan were in custody. During the procedural actions the defendants and their defense attorneys demanded to confront the defendants with the witnesses, who had given testimonies against them.
“Naturally, the preliminary investigation body failed to ensure the defendants’ right to counter-claim inquiry under the approval of the Prosecutor’s office. Moreover, in case of witness Karen Khechoyan, no confrontation was administered for 5 months until that witness, to our conviction, left Armenia through the support of the accusing party”, stated the defense attorney.
According to him, a new set of criminal judicial procedures was brought about by the Lori Region Prosecutor’s office. “The witness writes an application that he/she doesn’t want to be interrogated due to this or that reason. The investigator satisfies that application and doesn’t perform his responsibilities as defined by law.”
By Ruben Hakobyan’s words, it was mentioned in the criminal case that 3-4 unidentifiable persons witnessed the crime incident. The defense attorney thinks that the accusing party had operative data and that the testimonies of those witnesses didn’t comply with the factual circumstances of the presented accusation and their identity wasn’t deliberately revealed.
Ruben Hakobyan declared in the court that a great number of witnesses are being trained by the investigator not to forget their pre-trial testimonies in the court. The defense attorney also addressed the monitoring conducted regarding the counter-claim inquiry. He noted that those inquires were also raised by Chairman of Helsinki Citizens’ Assembly Vanadzor Artur Sakunts.
According to Ruben Hakobyan, Artur Sakunts silently tolerated those violations. Nonetheless, defense attorney Hakobyan inferred that before sending the criminal case to the court, oversight conducting prosecutor didn’t respond to the violations, that is why he challenged to the accusing prosecutor Ashot Grigoryan and Lori Region Prosecutor’s office.
The victim’s widow Satenik Sargsyan objected to the motion. The representative of the victim’s legal successor Artur Sakunts also submitted an objection, “The fact that we weren’t consistent about the interrogation of the witnesses doesn’t obviously comply with reality. I actually find it as psychological pressure in relation to the victim. Who pressed whom and in what methods, we’ll address it during the court trial”, stated Artur Sakunts, who left the evaluation of the defense attorney’s motion to the court.
Accusing prosecutor Ashot Grigoryan asked for a time off from the court to address the defense attorney’s motion and present his objections.
The next court session is scheduled for October 10.