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Briefing on the criminal investigations of citizens/political prisoners for their political views and their political stance, which are basic violations of human rights

 

18 | 07 | 2008 | 21:00 | Briefing

Armenian versian

  

Below are presented the cases of criminal investigations against citizens/political prisoners for their political views and political stance, which are subject to basic violations of human rights. This is a brief description of the situation. For each kind of violation only one example of a criminal case is given, although there are many similar cases. The analysis is based on the information provided by lawyers and the Helsinki Association.

 

The Violations that took place during the searches:

 

The recording of the search includes inaccuracies of the location, time, and conditions, which the pre-investigation body and court have not referred to /Tatev Gasparian, as well as others/.

 

During the search the presence of witnesses were not provided as required by the law /Ararat Zurabian, as well as others/.

 

The search was done not according to the questions stated in the decision about the search /Yerjanik Abgarian, as well as others/.

 

After the search taken objects were not packaged and stamped as required /Hovhannes Haroutyunyan, as well as others/.

 

Violations that took place during the investigations

 

After their arrests the citizens did not immediately receive a written notification or clarification about their rights by the investigative body, by the investigator, by prosecutor or by the RA special investigation service /Vardan Ghavalbabounts, as well as others/.

 

After arresting or announcing the charges placed, the crime investigation body had to provide a free copy of the decision of the criminal investigative body about the arrest or the charge, and after completing the records about the arrest - the copy of that record, which was not done /Christopher Elazyan, as well as others/.

 

After bringing the person suspected in crime to the investigative body, to the investigator or to the prosecutor, within three hours, a recording about arresting of the suspected person has to be formed, the copy of which is given to the arrested with a signature. This condition was also violated /Vahe Ghazarian, as well as others/.

 

The following violations of the right to judicial help occurred after presenting the crime investigative body’s decision about the arrest or the recording about the arrest to the citizen: the citizen has not been informed of his right to have a representative /Nver Sargsyan, as well as others/, the citizen has been forced to reject a representative /Mkrtich Abrahamyan, as well as others/, through various not-supported grounds the relatives of citizen have been denied a representative /Rubik Voskanian, as well as others/.

 

The arrested person has not been released after the legal last day of his imprisonment, although there was no decision by the court to choose the method of custody as a criminal charge /Gagik Jhangiryan, as well as others/.

 

Relatives have not been informed of the location of the citizen /Vardges Gaspari, as well as others/

 

Violations during the pre-investigation period have been accompanied by pressures and physical violence (Christapor Elazyan, Karen Tarkhanian, Nver Sargsyan, Rubik Voskanian, as well as others/

 

Article 86 point 4 of the Criminal Code has been violated (Workers of the investigative body cannot be called and questioned as witnesses, when dealing with a criminal case, where they have implemented their judicial responsibilities, with the exception of the investigation of the mistakes and violations made during that case, renewal of the given case according to newly obtained information or retrievals of cases of the lost procedure). This article has been violated almost in all criminal cases, which were applied to Criminal Code’s 316-1.2/Resistence to the representatives of the authorities/and 225-1.2/Misconduct of the masses/articles.

 

The citizen was deprived from judicial help /Nver Stepanian, as well as others/ either through lies or pressing /Simon Amirkhanyan/.

 

Arrest was applied without supported decision /almost in all cases/.

 

Although the arrest has been applied, no investigative work has been done/they have not been questioned even once/or rarely (especially that relates to cases under article 300 of the RA Criminal Code (appropriation of state authority)).

 

Medical examinations have not occurred or have occurred with delay /more than 3 days/ and the conclusions have been provided with delays/1 month later or more/or none has been provided /Mushegh Saghatelian, as well as others/.

 

All the citizens’ cases that were related to the March 1st events have been separated from the main case, as a result of which the wholesomeness of the cases have been lost.

 

During the detention the meetings with the relatives have been artificially interrupted, they have allowed the meeting after the order of the Minister of Justice, which is illegal, since it could be allowed only by the pre-investigative body /about 80 prisoners/.

 

Detained or arrested people were not introduced to the pre-investigative group, so that he/she can make use of the right of objection /Vardges Hayocian, as well as others/.

 

During the interrogations many violations have occurred on the part of the investigative group, to which no attention has been paid by the court /Simon Amirkhanian and Samvel Karapetian, as well as others/.

 

The citizens have been included in the case as witnesses, but they have been questioned as suspected people, not having been introduced to their own rights. /Zaqar Matevosian, Arshak Banouchian, as well as others/

 

During hunger strike detainees were not placed into corresponding cells /Petros Makeyan, as well as others/, the hunger strikers were subject to psychological pressing /Davit Matevosyan/.

 

Those violated have not been provided with medical care at their place of custody /Karen Tarkhanian’s vision is in danger, but he has not been provided with adequate treatment/.

 

The decision for quest was made, but the citizen has not even been notified to present himself /Ararat Zurabian, as well as others/.

 

Violations that have taken place in during the judicial proceedings

 

The court did not create conditions for fair competition for both sides:

           

By constantly denying the intermediation of the defensive side in terms of including witnesses /Armen Ayvazian, as well as others/.

 

By not discussing the intermediaries of the defensive sides /Davit Arakelyan, as well as others/.

 

By editing the proceeding’s recordings in the criminal court /Karen Tarkhanian, as well as others/.

 

By hindering the work of journalists during the court proceedings /Misak Hovakimian, as well as others/.

 

By making court proceedings to take place behind “closing doors”/the doors of the open door judicial proceedings were closed /Petros Makeian, Ashot Zakarian, Shota Saghatelian, as well as others/ and “closed doors”, without making the adequate decision for that /Isahak Malkhasian, as well as others/.

 

By using psychological intimidation against the defendants /Samvel Karapetian and Simon Amirkhanian, as well as others/.

 

The court has been clearly led by the prosecutor /in all the court cases, without any exceptions/.

 

The court has not taken into consideration the intimidations taken place during the proceedings /heating the journalist, Misak Hovakimian/.

 

The prosecutor, who had the adequate responsibilities, did not present himself to the court proceeding regarding the March 1st criminal cases because according to the RA law article 26 that type of prosecutor is the RA General Prosecutor, who has conducted the overlooking of those cases and signed convicting conclusions.

 

No citizen has been considered as a victim in a court process, despite the judicial medical examination information, and the policemen who have not received any physical injuries have been recognized as victims.

 

Violation of deadlines for appeal of cases, up to 20 day delays /Husik Baghdasarian, as well as others/.

 

Lala Aslikyan

Huys/ Hope NGO

 

Yerevan

June 17, 2008


www.asparez.am կայքի արխիվը

2008

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2007 1 հունվարի-3 հոկտեմբերի

2007 3 հոկտ-31 դեկտ

2006 թվական

2005 թվական

2004 թվական


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