Briefing on the
criminal investigations of citizens/political prisoners for
their political views and their political stance, which are
basic violations of human rights
| 07 | 2008 | 21:00 |
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
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/.
search the presence of witnesses were not provided as
required by the law /Ararat Zurabian, as well as others/.
was done not according to the questions stated in the
decision about the search /Yerjanik Abgarian, as well as
search taken objects were not packaged and stamped as
required /Hovhannes Haroutyunyan, as well as others/.
Violations that took place during the
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/.
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/.
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/.
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
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/.
have not been informed of the location of the citizen
/Vardges Gaspari, as well as others/
during the pre-investigation period have been accompanied by
pressures and physical violence (Christapor Elazyan, Karen
Tarkhanian, Nver Sargsyan, Rubik Voskanian, as well as
point 4 of the
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.
was deprived from judicial help /Nver Stepanian, as well as
others/ either through lies or pressing /Simon Amirkhanyan/.
applied without supported decision /almost in all cases/.
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)).
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/.
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.
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/.
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/.
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/.
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/
hunger strike detainees were not placed into corresponding
cells /Petros Makeyan, as well as others/, the hunger
strikers were subject to psychological pressing /Davit
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/.
decision for quest was made, but the citizen has not even
been notified to present himself /Ararat Zurabian, as well
Violations that have taken place in
during the judicial proceedings
did not create conditions for fair competition for both
constantly denying the intermediation of the defensive side
in terms of including witnesses /Armen Ayvazian, as well as
discussing the intermediaries of the defensive sides /Davit
Arakelyan, as well as others/.
the proceeding’s recordings in the criminal court /Karen
Tarkhanian, as well as others/.
hindering the work of journalists during the court
proceedings /Misak Hovakimian, as well as others/.
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/.
psychological intimidation against the defendants /Samvel
Karapetian and Simon Amirkhanian, as well as others/.
has been clearly led by the prosecutor /in all the court
cases, without any exceptions/.
has not taken into consideration the intimidations taken
place during the proceedings /heating the journalist, Misak
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.
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.
of deadlines for appeal of cases, up to 20 day delays /Husik
Baghdasarian, as well as others/.
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