The appeal on former National Security Service officer’s case rejected
12:37, September 23, 2016 | News, Own news | Karen Kyupelyan
On September 24, 2016, the RA Court of Criminal Appeals, presided by Judge G. Melik-Sargsyan, resumed examination of the appeal filed on March 17, 2016 by Tanya Hakobyan, attorney of former RA National Security Service officer Hrant Mazmanyan, against the judgment of the General Jurisdiction Court of First Instance of Kentron and Nork-Marash administrative districts of Yerevan city, RA.
The court hearing was attended by all the parties to the trial: defendant H. Mazmanyan, his attorney T. Hakobyan, prosecutor A. Shahbazyan, aggrieved party Karen Kyupelyan and his representative Tatevik Siradeghyan, lawyer at Yerevan Office of HCA Vanadzor.
M. Papoyan, judge of the judicial staff, asked some additional questions to T. Hakobyan, defendant H. Mazmanyan’s attorney, on the motion submitted by her at the previous court hearing on involving Eduard Nanyan, an RA NSS officer, as a witness under the case and questioning him. The judge first specified the necessity of questioning E. Nanyan and then tried to find out whether the defendant had no opportunity to ask E. Nanyan questions by means of a motion during the preliminary investigation. The attorney answered that the defendant was not deprived of such an opportunity.
Considering the fact that the case contained E. Nanyan’s testimony provided during the preliminary investigation and that he and the defendant faced a confrontation questioning, the Court decided to reject the motion.
The parties submitted no other motions.
Considering the examination of the appeal completed, the Court withdrew to the deliberation room to make a ruling. By its ruling announced shortly after, the Court rejected the appeal of T. Hakobyan, defendant H. Mazmanyan’s representative.
Note that on November 1, 2007, Karen Kyupelyan was apprehended by his vehicle from Zvartnots airport by the RA NSS officers to its administrative building where he was kept for almost a day under control of RA NSS rapid-response officer H. Mazmanyan by his superiors’ order. On July 14, 2015, criminal proceedings were initiated under Article 309( 1)(Abuse of powers) of the Criminal Code on apprehension by NSS officers on November 1, 2007 and illegal detention for 1 day at the administrative building of the RA NSS.
By its judgment of March 17, 2016, the Court found M. Mazmanyan guilty and due to the expiry of the criminal limitation period, exempted him from criminal liability.