28.02.2020 | Complaints were lodged to Appeal and Cassation Courts regarding the elimination of the guilty verdicts rendered in 2008 and acquittal of people convicted by them

The RA Prosecutor General Artur Davtyan launched complaints against the guilty verdicts rendered in 2008 regarding I. Malkhasyan and K. Tarkhanyan.

 

By the verdict of 16.06.2008 I. Malkhasyan was pleaded guilty under Part 1 of Art. 316 of the RA Criminal Code and sentenced to imprisonment for 1 year. The punishment against him was conditionally not applied and a trial period of 1 year was set.

 

The court considered it approved that the latter illegally stored a metal baton in the trunk of his car, and on March 01, 2008, at around 20:30 p.m., being near the administrative building of the Court of General Jurisdiction of the Administrative District of Shengavit did not obey the lawful requirement of the police officers to inspect the car, refused to give the opportunity to inspect the trunk of the car, resorted to violence against them that was not dangerous to life or health.

 

The verdict was appealed by I. Malkhasyan and his defense attorney in the Criminal Court of Appeal of the Republic of Armenia however, by the decision of the latter because of not attending the hearing by I. Malkhasyan and his defense attorney, the proceedings were suspended on the basis of the refusal of the complaint.

 

And K. Tarkhanyan by the verdict of the Criminal Court of Yerevan of 2008 was pleaded guilty under Part 1 of Art. 225 of the RA Criminal Code for the fact that on March 01, 2008 at around 13:30 p.m. pulled out metal sticks from temporary fences of unfinished buildings near the Embassy of France in the Republic of Armenia and distributed them to the participant of the riots, as a result of which they attacked with sticks and struck the representatives of the government. K. Tarkhanyan was sentenced to 4 years imprisonment. The verdict was appealed to the RA Criminal Court of Appeal by the defense attorney of K. Tarkhanyan, however, the appeal was rejected. In January 2009 a cassation appeal was lodged against the decision of the RA Criminal Court of Appeal, which was returned on the basis of the lack of grounds for being accepted into proceedings.

 

In the course of studying the verdicts and materials of the criminal case carried out by the RA Prosecutor General 's Office, it was found out that when rendering the judicial act by these 2 criminal cases, the courts committed major violations that distorted the essence of justice. In particular, the charge brought against I. Malkhasyan was deprived of descriptions of specific criminal acts, people involved in this case by testimonies reported that the defendant did not hit and threaten them. Besides, by rejecting the petition to invite a particular person to the court and interrogating him as a witness, the court considered the testimony of the police officers as a basis for the guilty verdict.

 

And when substantiating the charge by the case regarding K. Tarkhanyan, the court singled out a significant role for the contradictory testimonies of the police officers actively involved in the events. The circumstance was not taken into account that for resorting to violence against police officers, the person was taken to the police station a long time after the events. Thus, the testimonies of the police officers were not properly verified and the petition for inviting several people to court and interrogating them was rejected.

 

Having assessed the mentioned circumstances in the light of the legal positions expressed by the European Court concerning the complaint of “М. Saghatelyan v. Republic of Armenia” and a number of other complaints not related to Armenia, RA Prosecutor General A. Davtyan presented a petition to the RA Court of Appeal and the RA Court of Cassation regarding rejection and amendment of judicial acts regarding I. Malkhasyan and K. Tarkhanyan.