THE TRIAL ON THE CASE OF A PERSON ATTACKED BY A GROUP OF PEOPLE IS OVER
On June 7, 2022, in the Avan-Nor Nork residence of the Court of First Instance of the city of Yerevan, presided over by Judge Vardan Grigoryan, the first court hearing on the case of A.A. (the name is changed) who had been beaten by G.M. and S.H.
During the hearing, the defense filed a motion to terminate the criminal prosecution on the grounds that the statute of limitations had expired.
The accusing prosecutor did not object to the motion.
The attorney of New Generation Humanitarian NGO Ara Gharagyozyan presented a corresponding objection in the case.
The verdict was announced by the court on the same day.
According to the court decision, the case was terminated and the criminal prosecution was stopped on the grounds of expiration of the statute of limitations.
New Generation Humanitarian NGO considers that:
- Deliberate inaction was shown by the judge, allowing guilty persons to avoid criminal liability. As a result of all this, a number of rights of the victim defined by the ECHR were violated, such as a fair trial, respect for personal and family life, etc.
- Hate crime has not been investigated by the state, which has led to a violation of the victim’s right to abstain from cruel-treatment.
The organization will pursue the restoration of the rights of the victim.
Pre-history of the case:
On July 15, 2020, RA citizen A.A. applied to New Generation Humanitarian NGO. The latter informed that on June 3, 2020, he and his friends were in their country house in Yerevan. A group of people attacked A.A.’s house, demanding with bad language that A.A, and his friends left the house, in connection with the latter’s alleged sexual orientation and gender identity. An argument started, after which those people hit on different parts of A.A.’s body with their hands, feet and stones, causing bodily injuries around the head.
On the same day, A.A. submitted a report on the incident to the Police of the Republic of Armenia. On June 29, 2020, by the decision of the senior investigator of Shengavit division of the RA police, a criminal case was launched based on the materials prepared by A.A.’s report, under the 117 Article of the Criminal Code of the Republic of Armenia, and the case was sent to the Shengavit Investigative Division of the Investigative Committee of the Republic of Armenia for preliminary investigation. On July 6, 2020 a decision about initiating proceedings in the case was made by the Shengavit Investigative Division of the Investigative Committee of the Republic of Armenia.
A.A. was recognized victim of the case ։ Ara Gharagyozyan, attorney of New Generation Humanitarian NGO was involved in the case. A.A. was recognized as victim of the case.
On April 6, 2021 the preliminary investigation of the case ended and the case was sent to court.
On April 15, 2021 V.L. Grigoryan, the judge of the Court of General Jurisdiction of First Instance of Yerevan city, Republic of Armenia, made a decision about setting the case for hearing.
On October 14, 2020 a forensic psychological examination was assigned to one of the accused – G.S. According to the forensic medical report received on March 3, 2021 the accused is considered partially sane and is subject to criminal liability.
The court hearings were scheduled mainly with 3-month breaks, about which the Organization’s attorney Ara Gharagyozyan filed a complaint to the RA Ministry of Justice.