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Derenik Gasparyan’s right to life was violated

Arayik Zalyan, the representative of the legal successor of 10-year –old Derenik Gasparyan, who was killed in a fight with his classmates, filed a claim with the Kotayk Region Court of Common Jurisdiction, demanding that the court cancel the decision of A. Baghdasaryan, Senior Investigator at the Charentsavan Investigation Division of the Kotayk Region Department of General Investigation Department of the RA Police about terminating the case proceedings and to re-submit the case for investigation.

The ten-year-old boy died on June 5, 2010, during a math examination at Charentsavan School N 5.

“Although the inquest body found that there was a direct causal relation between Derenik’s being beaten by his classmates, Ishkhan and Vrezh Harutyunyans; and Gasparyan’s death, the criminal case was instituted on the fact of a beating and not death,” said Arayik Zalyan.  The forensic medical examination concluded that Derenik Gasparyan died of acute respiratory and cardio-vascular disorder, which could have been caused by a beating. The representative of the successor informed: “The expert concluded that if there was no fight, Derenik Gasparyan would not have died.” Arayik Zalyan said that by not instituting a criminal case on the fact of the death of Derenik Gasparyan, his right to life, guaranteed by Article 2 of the European Convention of Human Rights, as well as his right to an effective remedy before a national authority, guaranteed by Article 13 of the Convention, were violated.

“On the one hand the inquest body found evidence of a beating but on the other hand it did not consider beating as the cause of death, which should have been,” explained Arayik Zalyan.

By terminating the criminal case, the inquest body found it justified that the school administration was not responsible for Derenik’s death in the school building. However, “The incident happened in an institution guaranteed by the government, where contractual relations strictly define the rights and responsibilities of the children and the school administration. The school administration is responsible for the safety and lives of the children,” said Zalyan. According to Zalyan, the accident, which happened in school ended in Derenik Gasparyan’s death, and was a result of the inactivity of the school administration.

“During the math examination at the school, the medical assistant was not present. The investigator reported that the medical assistant worked part-time at another school and on that day she was busy in the other school. The teacher on duty at that time was not present during the incident.   and it was learned that the cleaning lady was the one, who provided first aid,” Zalyan stated.

Source: http://www.aravot.am