Decision of Tavoush region Court of Common Jurisdiction is being appealed
13:56, January 16, 2013 | Press Release | Right to be free from torture and inhuman or degrading treatment, Right to Fair Trial | PoliceA court hearing on HCA-Vanadzor against the decision of Tavoush region Court of Common Jurisdiction is appointed at the RA Court of Criminal Appeals at 11 am, January 16, 2013.
The organization’s demand is to abolish the Court’s decision, adopt a new judicial act and on top of all to rescind the decision over refusal to file a criminal case taken by the head of the RA MoD # 6 Garrison Investigation Division. The main point is that the body conducting the court hearing violated the citizens’ rights of Gayane Pahlevanyan, ensured by the RA Constitution and RA Criminal Procedure Code, during the preliminary investigation of the criminal case initiated against her, who had previously applied to the organization for legal assistance. Specifically, the citizen was forced into giving a testimony by exerting psychological pressure; she was deprived of her right to have a defense attorney, the interrogation lasted with the violation of the defined time limit, in addition, threats to her address were made during the confrontation.
The organization has filed a report to the RA Prosecutor General’s office over the violations made by the preliminary investigation body, by making a request to take necessary measures to reveal the violations, bring the perpetrators to liability as well as reinstate the rights of Gayane Pahlevanyan violated during the preliminary investigation of the criminal case.
The RA Military Central Prosecutor’s office has sent the filed report to the Military Prosecutor of Lori Garrison, Tevos Mirzabekyan, who sent a reply letter not at all like a decision by its nature. The organization has sent an appeal to the RA Prosecutor General A. Hovsepyan with a claim to hold Tevos Mirzabekyan, the Military Prosecutor of Lori Garrison, committed to reach a decision on either filing or turning down the criminal case.
V. Smbatyan, head of the RA MoD # 6 Garrison Investigation Division, having reviewed the materials prepared within the scopes of the court proceedings, has reached a decision to reject filing the criminal case.
HCA-Vanadzor has sent an appeal to the RA Military Prosecutor Gevorg Kostanyan, with a request to review the decision of V. Smbatyan, head of the RA MoD # 6 Garrison Investigation Division, over refusal to file the criminal case.
The RA Military Deputy Prosecutor A. Zakaryan has made a decision to refuse the appeal submitted by Artur Sakunts, chairman of the organization.
A solicitation was sent to the court, which was later declined. The court concluded that the legal grounds to file the criminal case are missing from the court materials, in other words, no facts over the violation of a person’s rights and freedoms have been recorded.