CRIMINAL COURT OF APPEAL OF ARMENIA SATISFIED PROSECUTOR’S COMPLAINT: THE DECISION OF THE COURT OF FIRST INSTANCE OF THE CITY OF YEREVAN WAS QUASHED
On November 26, 2020, the First Instance Court of General Jurisdiction of the City of Yerevan (Court) satisfied the complaint submitted by by Ara Gharagyozyan, attorney of New Generation Humanitarian NGO (NGNGO), regarding the quashing of the decision made by investigator A.Asatryan on dusmissing the criminal case and not conducting prosecution of A.M. (the name is changed), and obliged the body conducting the proceedings to eliminate the violation of the rights and freedoms of the person caused by the decision.
Muradyan,the Supreme Prosecutor of the Department for Supervision of the Legality of Pre-Trial Proceedings of the Special Investigation Service of the Republic of Armenia filed an appeal petitioning to overturn the Court decision and to hold into force the investigator’s decision on dismissing the criminal case and not conducting prosecution.
On May 7, 2021, the Criminal Court of Appeal of the Republic of Armenia examined the appeal submitted by the prosecutor. On May 10, 2021, the Criminal Court of Appeal of the Republic of Armenia published the decision, by which it satisfied the appeal submitted by the prosecutor, the decision of the Court of First Instance of the city of Yerevan was quashed.
The decision of the Criminal Court of Appeal has not been received by the Organization yet.
Ara Gharagyozyan, attorney of New Generation Humanitarian NGO says: “It is sad that the effective
investigation of torture cases is constantly being delayed in such ways. Nevertheless, we will be consistent for a fair investigation of the case.”
Pre-history of the case․
A.M. (name is changed) informed that he was taken to the Kentron police department of Yerevan city of the Republic of Armenia on suspicion of committing a crime but the decision of his detention was not shown to him. Due to the alleged sexual orientation of A.M., the police officers abused their official position and used disproportionate force, hitting and cursing him on their way to the police station. All this continued in the police department as well. The employees of the police department did not allow A.M. to use his right to have a lawyer. They forced him to give an explanation and testimony as they wanted by subjecting him to physical and psychological violence, threatening that otherwise it would be very bad for him.
The person submitted a report on the incident to the Police of the Republic of Armenia on January 29, 2020. On March 15, 2020, a criminal case was initiated in the Special Investigation Service the Republic of Armenia. A.M. was recognized as a victim.
On May 30, 2020, SIS investigator A. Asatryan made a decision to terminate the criminal prosecution and dismiss the criminal case.