After Cassation Court reversed the judicial act, the complaint under ‘Mataghis’ case is again in first instance court18:36, June 10, 2017 | News, Own news | Right to be free from torture and inhuman or degrading treatment, Right to liberty and security
Today, on June 9, 2017 the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city started examination of the complaint filed on January 8, 2006 under ‘Mataghis’ case.
Note that on December 12, 2005 Arayik Zalyan, Mussa Serobyan and Razmik Sargsyan filed with the RA Prosecutor General’s Office a crime report on the illegal deprivation of their liberty and ill-treatment on April 19-24, 2004. The Prosecutor General’s Office refused to initiate criminal proceedings. On January 8, 2006 its decision was appealed before the General Jurisdiction Court of Kentron and Nork-Marash administrative districts. Both the first instance court and the court of appeals rejected the complaint.
After the European Court of Human Rights issued its judgment of March 19, 2016 by which it found violation of Articles 3 and 5 of the European Convention on Human Rights, on September 13, 2015 Arayik Zalyan applied to the RA Cassation Court to initiate review proceedings based on a new circumstance.
The Cassation Court admitted the appeal and by its ruling of April 12, 2017 reversed the rulings of the first instance court and court of appeals on rejecting the complaint and sent the case to the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city for re-examination on the part of Arayik Zalyan.
At the court hearing of June 9, 2017, A. Zalyan presented the complaint of January 8, 2006.
The representative of the RA Prosecutor General’s Office stated that in 2007, 2 years after submitting the crime report, relevant investigation and investigative actions were carried out and presented to the Court relevant materials.
Arayik Zalyan asked the Court to provide copies of the presented materials and ask for some time to get familiar with them.
The examination of the complaint will be resumed on June 13, 2017, at 1 pm.