An Appeal has been filed against the inaction of the Yerevan Garrison Military Prosecutor’s Office to reopen the death of conscript soldier Manuchar Manucharyan
Manuchar Manucharyan’s brother describes the conduct of the Yerevan Garrison Military Prosecutor’s office as one of inaction and is planning to submit a complaint to the Court of First Instance of Arabkir and Qanaqer-Zeytun Communities of Yerevan.
Mr. Manucharyan’s brother says in his appeal that
“I sent a report of the crime by regular mail (17.02.2015) addressed to the RA General Prosecutor with the following content: “On July 31, 2013 at approximately 1:40 p.m. my brother Manuchar Manucharyan’s body was found in the territory of RA MoD military unit #24923. He was a soldier serving in that unit. A criminal case was initiated in regards to this incident. In order to help Manuchar Manucharyan’s family an expert criminologist R. Martirosyan of Peace Dialogue NGO, was recognized as the legal representative of the family. Our representative R. Martirosyan while getting acquainted with the materials of the case found out the following: “As a result of a biased and faulty preliminary investigation accompanied by gross violations, the homicide was qualified as a suicide. I call it biased and faulty after examining the trousers of the deceased and found.”
“…in the area of the upper part of the leg(thigh) up to the knee the trousers are dipped with thick blood resembling liquid; on the right leg, 3.5cm above the edge of the pocket there is a round crescent shaped 1.5cm hole; on the back of the right knee there is a blood-soaked trace of 10×25 cm and above this trace, 5cm down the round shaped stitch there is a hole of 5mm diameter, the edges of which have traces of burn. There were no other traces of injuries found on the trousers.” (case, volume 1, page 102-103).
When the case concerning Manuchar Manucharyan’s death was presented, they presented not the trousers but what they referred to as the drawers or underpants only.
It is clear that that the preliminary investigative body has committed a crime by concealing the trousers Manuchar Manucharyan was wearing and instead, sending only the underpants of the deceased for examination. By doing so the preliminary investigative body prejudiced the findings by concealing the fact that on the area near the back of the right knee on the trousers there was a gunshot trace of 5mm. Manucharyan’s brother said his brother could not cause this wound himself, and this is important evidence that it was an intentional homicide. Not presenting the trousers at the preliminary investigation provided an opportunity to present the incident as a suicide only.
Manuchar Manucharyan’s brother is therefore petitioning to have the pants recognized as evidence of foul play and to have the case reviewed according to the full and impartial extent of the law considering this evidence. He asks also that all persons who are guilty of withholding this evidence be held liable and to start criminal proceedings against all those guilty of the death of his brother by having the case be re-qualified under Article 105 and to carry out an impartial, thorough and detailed investigation with the actual trousers of his deceased brother entered as evidence.
This argument has been brought up before during the original hearing. At that time, the judge said it would be up to the prosecutor to recognize the additional evidence. The prosecutor has said that it is up to the court to order that an additional investigation be done. Manucharyan’s brother is asking that the trousers be recognized as a significant piece of evidence and that the case be re-opened in light of this new evidence by one or both parties so that the truth of his brother’s death may be recognized and his soul be put to rest.
Posted 02 April, 2015
