The student lost his eye and eyesight, and the state imposed only a minor fine; the case of the student from Sevan got to ECHR too18:50, August 30, 2017 | News, Own news | Right to be free from torture and inhuman or degrading treatment
The representatives of Mesrop Khachatryan, the student who lost his eye as a result of his teacher’s violent actions, filed a complaint to ECHR on July 19, 2017. In the basis of the complaint is the Article 3 of the European Convention of Human Rights which provides the right to stay away from torture.
The accident occured to Mesrop Khachatryan, a student from Sevan high school on December 9, 2014. Hasmik Margaryan, his Physics teacher got up of her seat and went up to the clothes hanger threatening and trying to rebuke Mesrop, who had come out of his seat without her permission to wear his coat, and pushed the hanger in the direction of the student. In the result of her actions Mesrop has lost his left eye.
According to the decision of the Court of General Jurisdiction of Gegharkunik region dated April 25, 2016 Hasmik Margaryan was accused pursuant to Paragraph 1 of Article 120 of RA Criminal Code (carelessly causing serious health damage) and was fined for 200,000 AM drams. The petitioner also filed a request for compensation of the damage but it was rejected by the court. The decision was appealed a month later in the result of which the Court of Appeal sent the case back to the Court of General Jurisdiction on the part of the compensation of the damage on July 27, 2016, for re-examination.
Mesrop Khachatryan’s representatives, HCA Vanadzor office lawyers Ani Chatinyan nad Arayik Zalyan have submitted their arguments on the violation of Article 3 of European Convention of Human Rights in their complaint filed to ECHR. They referred to the fact that the teacher’s actions resulted not only in physical but also a strong psychological pain. According to his parents and classmates who witnessed the accident, the cheerful progressive student now feels depressed and doesn’t want to go to school for the fear of reviving the accident.
The lawyers of HCA Vanadzor office also draw attention to the fact of the presence of metal hanger in the classroom of minors, which is a danger itself. The state, in the face of the school management taking responsibility for the minor children, has not anticipated the possible danger of a metal hanger.
According to the applicants the investigation of the case was not complete; none of the representatives of the school management was held accountable and the fine for 200.000 AMD imposed to the teacher is not equivalent to the nature and the degree of danger of her actions. The student has lost his eye and his eyesight and the state imposed only a minor fine and rejected all motions of the victim.
The ECHR has confirmed the receipt of the application.