28.10.2019 | The RA Prosecutor General Arthur Davtyan filed an appeal in cassation against the indictments against Davit Matevosyan and Khachik Gasparyan issued during 2008

According to the indictments of the Court of Kentron and Nork-Marash Communities of Yerevan city dated June 2008, D. Matevosyan and Kh. Gasparyan were found guilty under Article 316 Part 1 of the of the RA Criminal Code.

 

The Court has confirmed that the on March 1, 2008 at about 7:00 o’clock the mentioned two persons failed to comply with the lawful demands of the Police in the Liberty Square have used violence not dangerous for life or health by joggling and dragging or striking related with the service duties. According to the above-mentioned indictments D. Matevosyan was sentenced for three year and Kh. Gasparyan – for two year imprisonment. According to the procedure stipulated by Article 70 of the Criminal Code the punishment imposed on the latter was not conditionally applied establishing a probation period of one year and six months.

 

The verdicts have been appealed in cassation by the defense to the Criminal Court of Appeal of the Republic of Armenia, which rejected the judgment according to the decisions made on September 2008 and left the verdicts of the Court of General Jurisdiction unchanged.  An appeal in cassation was filed regarding D. Matevosyan's case, but the Court of Cassation returned the appeal reasoning that there were no grounds for the proceedings.

 

The Prosecutor General's Office of the Republic of Armenia has also studied the aforementioned two cases, in the result of which it has been found that during the investigation of these cases fundamental violations of the procedural law were allowed in the result of which the judicial acts enacted break the very essence of justice.

 

In particular, the right to a fair trial under Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 17 of the RA Criminal Procedure Code were violated in both cases.

 

The body, conducting the proceeding and the courts considered D. Matevosyan’s and Kh. Gasparyan’s actions of pushing and pulling the policemen to be violence, while in the case law of RA Court of Cassation they cannot be assessed as such. Regarding Kh. Gasparyan's case, there is no evidence about hitting in the indictment of the criminal case, there is no reference to it in the judicial acts.

 

It turned out that the courts have also violated the defendants' right to defense and fair trial foreseen in the Constitution of the Republic of Armenia and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Particularly, the motions made for inviting several people to the court and interrogating them as a witness how D. Matevosyan and Kh. Gasparyan were brought to the department of police were rejected. In both cases, the indictment was grounded exclusively on the unsupported testimonies of police officers during the trial.

 

The European Court within the case of Mushegh Saghatelyan vs. the Republic of Armenia, also calls a number of other appeals against Armenia, upheld the legal position that "... the unconditional endorsement of the police version of the events did not properly satisfy any of the applicant's arguments. and refusal to examine defense witnesses without properly examining the relevance of their testimony led to defense the rights of restriction, which is contrary to the guarantees of a fair trial (see mutatis mutandis, «Kasparov and others," mentioned above, § 66). »:

 

 “ …failed to use every reasonable opportunity to verify the incriminating statements of the police officers who were the only witnesses for the prosecution and had played an active role in the contested events. Their unreserved endorsement of the police version of events, failure to address properly any of the applicant’s submissions and refusal to examine the defense witnesses without proper regard to the relevance of their statements can be said to have led to a limitation of the defense rights incompatible with the guarantees of a fair hearing (see, mutatis mutandis, Kasparov and Others, cited above, § 66).

 

Based on the abovementioned, the RA Prosecutor General Artur Davtyan has filed a motion to the RA Court of Cassation requesting to overturn and change the court acts on David Matevosyan and Khachik Gasparyan.