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On April 13, 2016, the General Jurisdiction Court of First Instance of Aragatsotn marz (region) RA ruled to dismiss the release on parole motion of Virab Poghosyan, convict at RA MoJ ‘Kosh’ penitentiary facilities.

He appealed the court ruling above. V. Poghosyan’s interests are protected by attorney Ani Chatinyan, lawyer at HCA Vanadzor.

On June 6, 2016, the examination of the appeal by RA Court of Criminal Appeals, presided by judge L. Tadevosyan, was attended by V. Poghosyan’s representative Ani Chatinyan, Saro Harutyunyan, representative of RA MoJ ‘Kosh’ penitentiary facilities, and prosecutor Arzumanyan. Convict V. Poghosyan submitted a motion on examining the appeal in his absence. The parties did not object to the motion, and by the Court’s ruling, the hearing was resumed in the absence of V. Poghosyan.

Upon making sure that there were no challenge motions to the Court and the Parties, the Court presented the contents of the judicial act appealed and the substance of the appeal.

A. Chatinyan presented the grounds of the appeal noting that during the consideration of the release on parole motion, V. Poghosyan had already served his sentence for 4 years, 1 month and 7 days and still had to serve 1 year, 4 months and 23 days to complete his term. While considering the motion, the court, apart from the fact that it was filed by a convict, should have also taken into account his good references, the fact that he worked at the penitentiary facilities and the incentive he received. However, the court found that the convict’s motion above was subject to dismissal without providing any sufficient grounds. Meanwhile, V. Poghosyan has been serving his sentence at RA MoJ ‘Kosh’ penitentiary facilities since February 5, 2014 and has worked for ‘Support to Prisoners’ Foundation by labor contract since February 19, 2014. V. Poghosyan has repeatedly received good references and incentives by RA MoJ ‘Kosh’ penitentiary facilities for working in good faith.

Also, A. Chatinyan stated that V. Poghosyan suffered a number of diseases, was in charge of a child with disabilities and owned housing. A. Chatinyan also provided grounds as to the importance of the criminal and legal institute of granting the convict release on parole and the lack of grounds for the judicial act by requesting the Court to reverse the ruling of the General Jurisdiction Court of First Instance of Aragatsotn marz (region) RA of April 13, 2016 and make a new judicial act by granting the motion of the Administrative Commission of RA MoJ ‘Kosh’ penitentiary facilities.

In response to the Court’s questions as to V. Poghosyan’s diseases and the care of his child, his representative A. Chatinyan noted that V. Poghosyan had a chronic skin disease and health problems related to his leg joints, and his minor child was under the care of the grandmother, an old-age pensioner.

Prosecutor Arzumanyan objected to the appeal and stated that the General Jurisdiction Court of First Instance had made a lawful and well-reasoned ruling by considering well-grounded the court’s conclusion that the entire period of the convict’s stay at the penitentiary facilities should be examined thoroughly and attention should be focused on the details of the references on the convict’s personality. He requested the Court to dismiss the appeal.

S. Harutyunyan, representative of RA MoJ ‘Kosh’ penitentiary facilities, stated that throughout V. Poghosyan’s stay at RA MoJ ‘Kosh’ penitentiary facilities, no disciplinary sanction was imposed on him, he received an incentive, worked at the penitentiary and had good references. S. Harutyunyan found that based on those grounds, the appeal was well-founded. By the Court’s request, he submitted V. Poghosyan’s personal file.

Presiding judge L. Tadevosyan considered it necessary to get familiar with Poghosyan’s personal file and adjourned the court hearing on that basis.

The examination of the appeal will be resumed on June 17, 2016, at 4 pm.