“Justice” based on one testimony (completed)
13:14, July 9, 2018 | News, Own news
As stated by Hovik Matinyan, resident of Gyulagarak village in Lori Region, he is unjustly accused of robbery.
He came to Gyulagarak from the Russian Federation in October 2017 in order to participate in his cousin’s wedding.
During that period, the house of another resident of the village was robbed, and the resident stated that he had recognized the person stealing gold jewelry of 700,000 AMD in value, and it was Hovik Matinyan.
In his turn, Hovik Matinyan pleaded not guilty and mentioned that he had spent that night at his uncle’s place and had been asleep at that time.
In the framework of the initiated criminal case, there is no evidence proving Hovik Matinyan’s guilt other than the testimony of the victim.
Incidentally, in his initial testimony, the victim described the thief in a different way; however, later he stated that he had been confused on the day of robbery and unable to provide the full information and that Hovik Matinyan had committed the robbery.
Bringing a charge against a person on the basis of the testimony of one person contradicts both the provisions of the Criminal Code Procedure and the precedential decisions of the Court of Cassation of the RA.
Article 18 of the RA Criminal Procedure Code clearly establishes that the victim’s testimony shall be assessed in combination with other evidence, and, in the case of its absence, the criminal prosecution shall be terminated.
The RA Court of Cassation highlighted in its precedential decisions that the evidence cannot be assessed arbitrarily; it should stem from a full, objective and comprehensive examination of the circumstances of the case. And every factual circumstance constituting the accusation shall be substantiated through such a volume of evidence so as to exclude any reasonable doubt about it being proved.
Helsinki Citizens’ Assembly-Vanadzor is going to follow the course of the case closely.
Another court session was scheduled for 4.00 pm today, July 9, 2018, at the General Jurisdiction Court of Lori Region.
Addition: The court session held on July 9 was adjourned. Witness J. Matinyan had been properly notified about the session but did not show up at the Court. The Court ruled to detain the witness and scheduled the next court session for 11.05 am on July 23, 2018.