0 8000 12 11

Following the crime report submitted on ‘Mataghis’ case back on December 12, 2005, the Department for Examination of Torture and Crimes against Humanity, RA Special Investigation Service, initiated criminal proceedings under Article 309(2), RA Criminal Code /abuse of official power by use of violence/. Arayik Zalyan was declared a victim under the proceedings.

While in its judgment of March 17, 2016, the European Court of Human Rights also found violation of Article 5 of the ECHR, namely of the right to liberty and security of person, the RA Special Investigative Service examines the case only within violation of Article 3 of the ECHR prescribing prohibition of torture. Whereas, the ECtHR clearly stated in its ruling that the deprivation of liberty of Arayik Zalyan on April 21-24, 2004 and August 24-November 4, 2004 was illegal and thus constituted violation of Article 5 of the ECHR.

Note that the RA Prosecutor General’s Office initiated no criminal proceedings following the crime report by Arayik Zalyan, Mussa Serobyan and Razmik Sargsyan of December 12, 2005.

On April 12, 2017 the RA Court of Cassation granted A. Zalyan’s complaint on initiating review proceeding based on the ECtHR judgment and sent the case for new examination.

The General Jurisdiction Court of Kentron and Nork-Marash Administrative Districts of Yerevan city examined the case on June 9-13, 2017 and as a result assigned the RA Special Investigation Service to start a new examination into the crime report submitted to the RA SIS on December 12, 2005.

Taking into account the fact that only the violation of Article 3 of the ECHR is examined under the initiated criminal proceedings, on September 4, 2017 A. Zalyan motioned that the Department for Examination of Torture and Crimes against Humanity, RA SIS, also examines the violation of the right to liberty and security of person.