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On August 31, 2015 The General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts, Yerevan, RA, presided by L. Avetisyan, examined the appeal of Artur Sakunts, Chairman of HCA Vanadzor, against the decree of V. Avetisyan, Deputy Head of the RA SIS Torture and Crimes against Humanity Investigation Department, dated June 26, 2015 on not initiating criminal proceedings. This decree followed the examination of the Organization’s crime report requesting to launch criminal proceedings against RA NA deputy Arakel Movsisyan for his public threats of murder and rape.
The hearing on appeal examination of August 31, 2015 was attended by appellant A. Sakunts and V. Avetisyan, Deputy Head of the RA SIS Torture and Crimes against Humanity Investigation Department. V. Avetisyan presented to the Court the case files prepared upon the crime report by the Organization, and A. Sakunts got familiar with them at the hearing. After the Court established the procedures for examination of the appeal, A. Sakunts, Chairman of the HCA Vanadzor, introduced the appeal. Also, he presented arguments on the corpus delicti of murder threats in A. Movsisyan’s action. Particularly, in his interview on the statements concerning the Defense Minister and his family, A. Movsisyan said: “God willing, I’ll catch and behead them with my own hands…” adding: “… I urge them to keep quiet; otherwise if, God forbid, we ever catch them, no doubt they will be raped.” A. Sakunts stated that the threat was real and clear and drew the Court’s attention to the fact that after A. Movsisyan’s statement above, no other publications on the RA Defense Minister and his family appeared on the Internet, i.e. no other views were publicly expressed after the threat. A. Sakunts also presented arguments on the failure of the investigating agency to carry out an impartial, thorough and comprehensive investigation. Particularly, he noted that instead of requiring relevant explanations from A. Movsisyan, V. Avetisyan was guided only by his media statements. Also, no forensic, psychological and psychiatric expert examinations were assigned.
V. Avetisyan, responsible for the proceedings, objected to the appeal of A. Sakunts, considered it groundless and requested the Court to dismiss it. Also, he stated that preparation of relevant materials revealed no corpus delicti since the video showed A. Movsisyan standing and talking quietly, and his phrases clearly showed that he merely expressed his attitude and opinion and therefore, there were no grounds for any real and clear threat. V. Avetisyan said that he had required no explanation from A. Movsisyan since no one might be held criminally liable for words only and he might not initiate criminal proceedings without any reasons and grounds. Hence, V. Avetisyan requested the Court to dismiss the appeal in question. Due to the end of the business day, the Court adjourned the examination of the appeal till October 2, 2015, 10:30 am.