NEW GENERATION HUMANITARIAN NGO ATTORNEY ARA GHARAGYOZYAN SUBMITTED AN APPEAL PETITION
On June 7, 2022, the First Instance Court of General Jurisdiction of Yerevan city, presided over by Judge Vardan Grigoryan made a decision on the case of beating of A.A. (name is changed) by G.M. and S.H.
By the decision of the court the case was dismissed, and the criminal prosecution was terminated on the grounds that the statute of limitations had expired.
The court has violated a number of the victim’s rights under ECHR: the right to a fair trial, prohibition of torture and discrimination.
Ara Gharagyozyan, attorney of New Generation Humanitarian NGO (hereinafter also referred to as NGNGO) submitted a petition of appeal to the Court of Appeal of the Republic of Armenia.
The organization will provide additional updates about the appeal.
Pre-history of the case:
On July 15, 2020, citizen of the Republic of Armenia A.A. applied to New Generation Humanitarian NGO. A.A. 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 go away based on their 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 victim’s 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 criminal proceedings on the case was made by the Shengavit Investigative Division of the Investigative Committee of the Republic of Armenia.
Ara Gharagyozyan, attorney of New Generation Humanitarian NGO was involved in the case.
A.A. was recognized as victim of the case.
On October 14, 2020, a forensic psychiatric examination was assigned to one of the accused persons – G.S. On March 3, 2021, the opinion of the examination was received according to which the accused is considered to be a person with diminished sanity and is subject to criminal liability.
On April 6, 2021 the preliminary investigation of the case ended and the case was sent to court.
The court hearings were scheduled mainly with 3-month breaks, about which the Organization’s attorney Ara Gharagyozyan filed a complaint to the Ministry of Justice of the Republic of Armenia.