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    Relatives and Co-Villagers of Murdered Soldier to Hold a Manifestation Near RA Prime Minister’s Residence

    On May 6, the relatives and co-villagers of soldier Levon Torosyan, who died during military service, have decided to hold a manifestation near the Prime Minister’s Residence on May 12 at 11:00 a.m.

    On 6 May, 2018, at approximately 7:25 a.m., in the territory of the military base of “Hakobasar” of the RA MoD Military Unit 21127, the body of Levon Torosyan, soldier at the same military unit, was found with a mortal gunshot wound in his head. The entrance of the wound was at the bottom of the chin and the exit was on the top of the head. The 6th Garrison Investigative Department of the RA Investigation Department has filed the criminal case N90753018 on the hypothesis of a suicide.

    On May 7, Levon Torosyan’s father, Arsen Torosyan, filed a mediation to involve Ruben Martirosyan, human rights defender and expert of Peace Dialogue NGO, as a legal representative in the mentioned criminal case. On the same day, in the forensic examination center the employees of the General Investigation Department of the RA Investigative Committee tried to hinder the implementation of the rights of the victim’s side; they stated that they would not provide a copy of the decision on the basis of which the autopsy should be performed, reasoning that Arsen Torosyan had not yet been recognized as the victim’s successor. The victim side announced that both the investigator’s decision on autopsy and the autopsy itself should be considered illegal, since in a manner prescribed by law, the victim’s father and his legal representative have the right to be present in the autopsy, but currently they haven’t been given the respective statuses.

    After the scandal the representatives of the Ombudsman’s Office interfered in the case, only after which the RA Investigative Committee decided to make an exception and act within the legal framework, which means they recognized Arsen Torosyan as the victim’s legal successor and Ruben Martirosyan as his representative. Immediately after the compilation of the documents, R. Martirosyan took part in the autopsy. The latter revealed a gunshot wound with an entrance under the chin and the exit on the top of the head.

    Besides the mentioned gunshot wound, the following injuries were also revealed on the victim’s body:

    • Hemorrhage in the soldier’s genitals,
    • Scratches in the articular area of both elbows, which have the same sizes, the same date of origin, and may be claimed to have the same cause of origin (they are synchronous, similar injuries)

    Based on the aforementioned, Ruben Martirosyan has come to a definite conclusion, that a deliberate murder was committed. Before the murder, the perpetrator(s) had hit the victim on the genitals, as a result of which the victim was allegedly deprived of the ability to defend himself. It happened not long before the death, since the hemorrhaged parts were of pink or light red coloring. Taking advantage of the victim’s helplessness, the perpetrator(s) held him by the arms and shot him. “At the moment, without an additional investigation, the forensic doctor is not ready to state whether the soldier received the scratches on his arms before or after his death. The fact of the murder is confirmed in any case. If the victim received the injuries while he was still alive, this means that the soldier had made an attempt to free his arms and defend himself, in the course of which he received the abovementioned scratches due to the contact with the ground. Before considering the posthumous version, it must be noted that the death of the soldier happened immediately following the deadly gunshot on the head. If we consider that the scratches were received posthumously, then the murderer(s) must have moved the corpse to another place to hide it, since the soldier died immediately after the gunshot and there was no need to move the corpse (for instance, to show first medical aid)”, said Ruben Martirosyan.

    Rising from the aforementioned facts, the expert came to the conclusion that the Preliminary Investigative Body was implementing a falsified unilateral investigation. That is why he filed a motion to the RA Prosecutor General Artur Davtyan, with which he objected to the Head and the Investigator of the 6th Military Garrison Investigation Division of the RA General Investigation Department and demanded that the criminal case be transferred to another investigative body.

    Photo from Forrights.am

    RA LAW ON MILITARY SERVICE AND STATUS OF MILITARY SERVICEMEN

    The present law regulates the relations regarding the preparation of citizens for participation in the RA defense military service within the framework of their constitutional duty, organization and implementation of training for military service and reserve preparation, as well as legal and social guarantees of military servicemen, their family members and persons equated to military servicemen.

    ON MILITARY SERVICE AND THE STATUS OF MILITARY SERVICEMEN (In Armenian)

    Statistics of Fatalities in the RA Armed Forces and the NK Defense Army in the period of January-September, 2018

    The monitoring implemented by Peace Dialogue NGO within the first nine months of 2018 have revealed 34 fatality cases in the RA Armed Forces and the NK Defense Army. Thirteen (13) cases have been registered in the territory of RA, and twenty-one (21) cases – in the territory of NK.

    During the period of reporting among the overall 34 cases, two (2) of the fatalities were cases of murder, seven (7) fatalities were caused by the violation of ceasefire regime, eleven (11) were cases of fatal incidents, six (6) were cases of suicide, three (3) cases were the result of the violation of safety rules, and two (2) cases were caused by health problems. In 3 (three) of the cases registered within the mentioned period, the cause of the death of the military servicemen is still unknown. 

    The investigation on the case of the death of term military serviceman Levon Torosyan registered in May 2018, is directed to the hypothesis of “suicide”, whereas Peace Dialogue criminal expert Ruben Martirosyan is sure that what happened, in reality, is a murder. ”Not everything is totally clear”  also in several other cases of murder and suicide, such as in the suicide cases of Captain Hmayak Hakobyan and Vanik Gevorgyan.

    However, the fatalities presented below are in accordance with official messages on the causes of death.

     

    Murder

    Alek Karapetyan (15 April, NK)

    On April 15, at approximately 7:15 p.m., soldier Alek Karapetyan (born in 1998) died of a mortal gunshot wound as a result of a fatal incident in one of the NK DA military units.

    The urgent investigative actions initiated by the Third Garrison Investigative Department revealed the circumstances of the deadly gunshot wound received by the soldier. A criminal case was filed on the case of the murder.

    According to preliminary data, on April 15, 2018, at approximately 7:15 while performing the duty in the watchtower, the soldier Alek Karapetyan received a gunshot wound in the right chest which caused his death on the way to the Military Hospital.

    The Garrison Investigation Department filed a criminal case as per Article 104 (Part 1) of the RA Criminal Code. Based on the factual data obtained in the criminal case, the soldier received the wound as a result of a gunshot released by a fellow soldier during an argument between the two.

    The investigation revealed the motive of the argument and the identity of the perpetrator, who was arrested.

    Hovhannes Melkonyan (22 June, RA)  

    An investigation is underway in the 5th Military Garrison Investigation Division of the General Investigation Department of the RA Investigative Committee to find out the circumstances of the death of a contract soldier, Hovhannes Melkonyan. The Investigative Committee reports about this.

    According to preliminary data, the soldier received a mortal gunshot wound in the abdominal are late in the evening of June 22 as a result of a shot in a combat position.

    According to the factual data obtained as a result of undertaken measures the shot was released by the deputy commander from the machine gun of another military serviceman in the same military unit.

    The 5th Military Garrison Investigation Division of the General Investigation Department has initiated a criminal case as per Article 373 Part 3 of the RA Criminal Code. The deputy commander has been arrested.

    The preliminary investigation is underway.

     

    Violation of ceasefire regime

    Vache Chilingaryan (7 January, NK)  

     The press service of the NK MoD reported that on January 7, 2018 at approximately 1:30 NK DA soldier Vache Chilingaryan (Born in 1998) received a fatal gunshot wound by the Azerbaijani Armed Forces while in a defense area of a military in the northeastern direction of the contact line.

    An investigation is underway to determine the details of the incident.

    The 19-year old deceased soldier Vache Chilingaryan was from village Shorzha, Gharkunik region. The head of the same village Suliko Shoushanyan said the following about the incident: “We were informed that first his friend was shot by the enemy, and Vache went to help him, however, he got shot too, and another friend of theirs went to help him, however, he also got shot. Now we have one victim and two wounded soldiers.”

    Armtimes.Com tried to find out more information about the wounded soldiers from the RA MoD press secretary Artsrun Hovhannisyan, however, the latter did not answer the question.

    “According to information, the two wounded soldiers received minor injuries, and their lives are not in danger.”-reported Armtimes.Com

     

    Hayk Kalantaryan (7 February, NK)

    A criminal case has been initiated in the second garrison investigation division on the murder case of compulsory military serviceman Hayk Kalantaryan who was killed by the adversary.

    On February 7, 2018, at 1:50 p.m. a compulsory soldier Hayk Kalantaryan was wounded in the head as a result of the gunshot released from the Azerbaijani side in the direction of the N military unit. The soldier was taken to a military hospital where he died at 7:10 p.m.

    Grigor Yeghoyan (22 February, NK)

    On February 22 at around 09:40 in the defense area of one of the NK DA military units situated in the North-Eastern direction of Armenian-Azerbaijani border a Defense Army serviceman, Grigor Yeghoyan (born in 1998) was deadly wounded as a result of Azerbaijani fire.

    He was a resident of Akhuryan village in the region of Akhuryan. Artsruni Igityan, Akhuryan village mayor, noted that Grigor had been drafted to the army in July 2016, and would have been demobilized in 5 months. He was the youngest child in the family after his sister and brother. The family resides in the Russian Federation; Grigor had come to Armenia for serving in the army.

    Grigor Yeghoyan was posthumously awarded the “Combat Service” Medal.

     

    Narek Harutyunyan (9 April, NK)

    On April 9, 2018, at approximately 2:20 p.m., in the protection area of one of the NK DA military units located in the southern direction of the Armenian-Azerbaijani borderline, a DA soldier, Narek Harutyunyan (born in 1998) died of a mortal gunshot released by the Azerbaijani side.

    An investigation to determine the circumstances of the incident is underway.

     

    Vahagn Eloyan (10 June, NK)

    On June 10, at approximately 6 p.m., in the protection area of one of the NK DA south-eastern garrisons, a soldier, Vahagn Eloyan, born in 1992, received a deadly gunshot wound released by the adversary army serviceman.

    Haykaz Matevosyan (19 September, RA)

    On September 19, 2018, at approximately 1:30 p.m., as a result of a shot released from the Azerbaijani side in the direction of the territory of the MoD N Military Unit, contractual military serviceman Haykaz Matevosyan received a mortal gunshot wound in the neck area.

    Matevosyan died on the way to the Military Hospital.

     

    Artsakh Hovsepyan (22 September, NK)

    On September 22 at approximately 4:00 p.m. as a result of a shot released from the Azerbaijani side in the direction of the protection area of one of the NK DA Military Units, an NK DA soldier, Sergeant Artsakh Hovsepyan, received a mortal gunshot wound on the cheek section. Hovsepyan died on the way to the Military Hospital. The A criminal case has been instituted in the 1st Garrison Military Garrison Investigation Division of the General Investigation Department on the murder on the basis of national, racial or religious hatred or religious fanaticism.

    Fatal Incidents

    Pargev Saribekyan (2 June, RA)

     A 19-year-old young man who was taken to hospital after a car accident on January 2 in Hrazdan, Kotayk region, died on January 6, without regaining consciousness.

    The 19-year-old resident of Hrazdan, temporary soldier Pargev Saribekyan, had returned home for New Year. On January 2, 2018, while driving his Mercedes model car he went off the main road in Hrazdan and crashed into the tree.

     

    Mher Ziroyan (6 June, NK)

     An investigation is underway in the 3rd garrison investigative division of the Investigative Committee to find out the circumstances of Mher Ziroyan’s (Bor in 1992) death, reports the RA Investigative Committee.

    “According to the preliminary data, contract soldier Senior Lieutenant Mher Ziroyan died of gas poisoning on January 6, 2018, at approximately 2:10 a.m. in the bathroom of his apartment.

    Mher Ziroyan’s cousin Arthur Ziroyan informed that on the day of the incident Mher had just returned home from the combat posts. “He went down from the posts, took a shower so that he would leave for Armenia, but he got carbon monoxide poisoning and suffocated. He was at home together with some friends. They opened the door of the bathroom and found him dead.” -said Arthur Ziroyan.

    Senior Lieutenant Mher Ziroyan was serving in Hadrut, NK. He had been an officer of the Armenian Armed Forces for 5 years and a commander of the company.  Ziroyan participated in the April war and was wounded.

     

    Edgar Yeremyan (15 March, NK)

     On March 15 at approximately 5:30 p.m. Defense Army military serviceman Edgar Yeremyan (Born in 1999) died in a car accident during military training at one of the NK DA military units situated in the northern direction of the Armenian-Azerbaijani border.

    An investigation is underway to find out the details of the incident and a criminal case has been initiated.

     

    Armen Harutyunyan (24 March, NK)

    On March 24 at approximately 4:55 p.m. in the defense area of one of the NK DA military units situated in the northern direction of the Armenian-Azerbaijani contact line, an NK Defense Army military serviceman Armen Haroutyunyan (Born in 1991) died in an accident as a result of tree deracination caused by strong winds. An investigation is underway to find out the details of the accident.

     

    Ruslan Manukyan (17 April, NK)

     On April 17, in the protection area of one of the DA military units located in the northern direction of the Armenian-Azerbaijani borderline, NK Defense Army soldier Ruslan Manukyan (born in 1998) died of mortal injuries as a result of a mine explosion.

    An investigation to disclose the details of the incident are underway.

     

    Narek Chagharyan (29 May, RA)

    On May 29, at approximately 12:30 a.m., a 28-year-old military serviceman, Narek Chagharyan died in a fatal car accident, which happened on the Vahan-Chambarak road, next to the RA MoD N Military Unit. His “Opel” (serial number 35 PQ 401) collided with a soil dike, rolled off the road and appeared on the side of the road.

    The prepared materials may be transmitted to the MP of the RA MoD since it has been revealed that the driver served as a contractual military serviceman in one of the RA MoD Military Units.

     

    Suren Ayvazyan (30 May, NK)

     On May 30, at approximately 10:20 p.m, a contractual military serviceman of one of the NK DA Military Units located in the northern direction of the Armenian-Azerbaijani borderline, Suren Ayvazyan (born in 1992), died as a result of a car accident. An investigation is underway to determine the circumstances of the incident.

    Armen Minasyan (29 July, RA)

     On July 29, at approximately 10:40 p.m. on the Yerevan highway of Goris City, an accident was recorded between the vehicles driven by a 41-year-old Arman Poghosyan and 56-year-old Vahik Bakunts. Bakunts was taken to the hospital with corporal injuries, whereas his passenger, 29-year-old Armen Minasyan, died on the way to the hospital. He was a soldier in one of the RA MoD Military Units.

     

    Armen Hovakimyan (5 August, NK)

    NK DA soldiers Armen Hovakimyan (born in 1982) from Stepanakert and Aram Sargsyan (born in 1975) from Martakert drowned while swimming in the “Khachen” water reservoir, as reports the NK Emergency Situations Ministry’s press service.

    On August 5 at 5:25 p.m. information on a case of drowning in the “Khachen” water reservoir and the need for rescuers’ help was received from Askeran Regional Crisis Management Center at Emergency Situations Department.

    The rescuers of Askeran and Martakerd Emergency Situations Regional Departments and the operative group on duty for Special Rapid Response Unit of the Rescue Forces Department arrived to the site of the incident.

    As a result of rescue operations, the bodies of Aram Sargsyan and Armen Hovakimyan were found and taken out of the “Khachen” water reservoir, approximately 800 m away from the site of drowning.

     

    Artak Grigoryan (9 August, RA)

     On August 9 a car accident was registered in the Lori Region. At approximately 7:50 a.m., an inhabitant of Aragatsotn Region Kuchak Village, 32-year-old Artak Grigoryan’s vehicle (Mercedes ML, car number 84 DD 777) went off the road in the Spitak serpentines of the Yerevan-Vanadzor highway, collided with iron barriers and rolling approximately 15 m off appeared in the gorge. A. Grigoryan died on site. He was serving in one of the RA MoD Military Units as a chief of auto-technical department; he was a major by rank.

     

    Vazgen Khachatryan (3 September, NK)

     On September 3, at approximately 2:45 p.m., an NK DA military serviceman, Vazgen Khachatryan (born in 1990) died in a car accident.

     

    Suicide

    Artur Gasparyan (4 May, RA)

     An investigation is underway in the 6th Garrison Investigative Department of the RA Investigative Committee to determine the circumstances of the death of soldier Artur Gasparyan.

    On May 4, 2018, at approximately 01:10 a.m., in one of the RA MoD military bases, soldier Artur Gasparyan’s body was found with a mortal gunshot wound in the mouth cavity.

    The 6th Garrison Investigative Department has filed a criminal case on the incident as per Article 110 (Part 1) of the RA Criminal Code.
    A forensic medical examination has been carried out; other necessary investigative and procedural actions are taken to determine the circumstances of the soldier’s death.

     

    Levon Torosyan (6 May, RA)

     On May 6, at approximately 7:30 a.m., in the combat post of one of the Military Units located in the southeastern direction of the RA borderline, the body of soldier Levon Torosyan (born in 1999, conscription of 2017-2, Armavir Military Commissariat) was found with a mortal gunshot wound in the head.

    A criminal case has been filed on the hypothesis of driving to suicide, an investigation is underway to determine the circumstances of the incident.

    On 6 May, 2018, at approximately 7:25 a.m., in the territory of the military base of “Hakobasar” of the RA MoD Military Unit 21127, the body of Levon Torosyan, a soldier at the same military unit, was found with a mortal gunshot wound in his head. The entrance of the wound was in the bottom of the chin and the exit was on the top of the head. The 6th Garrison Investigative Department of the RA Investigation Department has filed the criminal case N90753018 on the hypothesis of a suicide. On May 07, 2018, the representative of the victim’s legal successor, the expert of Peace Dialogue NGO, Ruben Martirosyan took part in the examination of the body, which alongside the abovementioned gunshot wounds, also revealed a number of other wounds on the body:

    • Hemorrhage in the soldier’s genitals,

     

    • Scratches in the particular area of both elbows, which have the same sizes, the same date of origin, and may be claimed to have the same cause of origin (they are synchronous, similar injuries)

    Based on the aforementioned, Ruben Martirosyan has come to a definite conclusion, that a deliberate murder has been committed. Before the murder, the perpetrator(s) had hit the victim on the genitals, as a result of which the victim was allegedly deprived of the ability to defend himself. It happened not long before the death since the hemorrhaged parts were of pink or light red coloring. Taking advantage of the victim’s helplessness, the perpetrator(s) held him by the arms and shot him. At the moment, without an additional investigation, the forensic doctor is not ready to state whether the soldier received the scratches on his arms before or after his death. The fact of the murder is confirmed in any case. If the victim received the injuries while he was still alive, this means that the soldier had made an attempt to free his arms and defend himself, in the course of which he received the abovementioned scratches due to the contact with the ground. Before considering the posthumous version, it must be noted that the death of the soldier happened immediately following the deadly gunshot on the head. If we consider that the scratches were received posthumously, then the murderer(s) must have moved the corpse to another place to hide it, since the soldier died immediately after the gunshot and there was no need to move the corpse.

     

    Hamlet Grigoryan (20 May, NK)

     On May 20, in the protection area of one of the military units located in the eastern direction of the Armenian-Azerbaijani borderline, an NK DA soldier Hamlet Grigoryan (born in 1999) received a mortal gunshot wound under uncertain circumstances. An investigation is underway in the 1st Garrison Investigation Department to find out the circumstances of the soldier’s death.

    According to the RA Investigative Committee, on May 20, 2018, at approximately 11:00 a.m., in the protection area of one of the military units, the body of a soldier Hamlet Grigoryan was found with a penetrating mortal gunshot wound with its entrance under the chin and its exit on the top of the head.

    The 1st Garrison Investigative Department has filed a criminal case as per Article 110 (Part 1) of the RA Criminal Code.

    A forensic examination has been appointed, other necessary investigative and procedural actions are taken to determine all the circumstances and verify all the possible hypotheses of the soldier’s death.

     

    Hmayak Hakobyan (26 May, RA)

     According to preliminary data, on May 26, at approximately 01:00 p.m. in the bedroom of a Communication Military Unit in Yerevan, Captain Hmayak Hakobyan’s body was found with a penetrating mortal gunshot wound in the chest. A death note was also found on the site of the incident.

    The necessary investigative and processual actions are being taken to determine the circumstances of the death of the military serviceman.

     

    Karen Hovhannisyan (29 August, RA)

    An investigation is underway in the 9th Military Garrison Investigation Division of the General Investigation Department to determine the circumstances of the death of Senior Lieutenant Karen Hovhannisyan.

    On August 29, 2018, at approximately 8:15 a.m., in the duty part of the RA MoD N Military Unit, the body of senior Lieutenant Karen Hovhannisyan was found with a mortal gunshot wound on the chin and top of the head.

    An investigation was carried out on the site of the incident. A criminal case has been initiated in the 9th Military Garrison Investigation Division of the General Investigation Department as per Article 110 Part 1 of the RA Criminal Code.

    A preliminary investigation is underway. All the necessary investigative actions are being undertaken to ensure a comprehensive, objective and complete investigation of the circumstances of the soldier’s death.

     

    Vanik Gevorgyan (2 September, NK)

     On September 2, at approximately 9:00 p.m., Vanik Gevorgyan (born in 1996) died in one of the Military Units located in the northern direction of the NK DA. The NK MoD informed about the incident. According to the official source, the circumstances of the case have not yet been clarified: the preliminary version is suicide.

    The 22-year-old Vanik Gevorgyan, who served in the NK DA for already a year, was killed in mysterious circumstances in one of the military units called “Ara Ler” in Artsakh.

    The parents of the soldier do not believe the preliminary hypothesis of suicide. The body was found at night on September 2 inside a half-destroyed building. The young man had a rope around his neck. Typical injuries for strangling have been found on his neck. However, the body was found in an unnatural position for a suicide with hanging with his legs on the ground.

     

    Violation of Safety Rules

    Hovsep Grigoryan (27 January, NK)

     The second garrison investigation division carries out all necessary investigative actions to find out the circumstances of Private Hovsep Grigoryan’s death.

    On January 27, 2018, at approximately 16: 25-16: 45, a soldier of one of the military unit of the NK Defense Army, Hovsep Grigoryan, received a deadly gunshot wound in the forehead. According to preliminary data, Hovsep Grigoryan suffered fatal gunshot injuries as a result of the breach of rules for handling weapons by another compulsory military serviceman.

    A criminal case has been initiated in the third garrison investigation department under Article 373, Part 3 of the RA Criminal Code. As a result of measures undertaken, the serviceman was arrested.

    The investigation is underway. All necessary investigative actions are underway to ensure a comprehensive, objective and full investigation of all circumstances of the serviceman’s death.

     

    Zhora Petrosyan (24 July, RA)

    An investigation is underway in the 8th Military Garrison Investigation Division of the General Investigation Department to determine the circumstances of the death of the soldier Zhora Petrosyan.

    On July 24 a call was received in the Garrison Investigation Department informing that on the same day at approximately 3:00 p.m. in the combat position of N Military Unit of the Defense Ministry of the Republic of Armenia a military serviceman, Zhora Petrosyan, received a mortal gunshot wound on his facial area. The investigative group immediately went for the scene. According to the preliminary data, the gunshot was caused as a result of the breach of the rules of handling arms by the military serviceman.

    The 8th Military Garrison Investigation Division of the General Investigation Department has initiated a criminal case as per Article 373 Part 3 of the RA Criminal Code, for violating the rules of arms and ammunition, which negligently caused the death of a human being. The military serviceman, who accidentally caused the gunshot, Karen Adamyan, has been arrested.

    The family members of Petrosyan do not believe in the hypothesis of the negligence of military service; they claim that that the leadership of the military unit is doing everything to save the senior official from responsibility.

     

    Aghasi Mkrtchyan (26 September, NK)

     On September 26, at approximately 8:10 p.m., in the protection area of one of the MoD Military Units, soldier Aghasi Mkrtchyan (born in 1999) received a mortal gunshot wound under unclear circumstances.

    The RA Military Garrison Investigation Division of the General Investigation Department has filed a criminal case on the basis of the soldier’s murder.

    As informed by the RA Investigative Committee to the website NEWS.am, on September 26, at approximately 8:10 p.m., in the protection area of one MoD N Military Units, term serviceman Junior Sergeant Aghasi Mkrtchyan received a mortal gunshot wound and was taken to the military hospital, where at approximately 9:20 he was pronounced legally dead.

    A criminal case has been initiated as per Article 365 Part 3, a preliminary investigation is underway.

    Necessary investigative actions are being undertaken to ensure a comprehensive, objective and full investigation of the death circumstances of the soldier.

     

    Health Issues

    Hayk Hakobyan (8 February, NK)

     NK Defense army soldier Hayk Hakobyan (Born in 1999) died in the Stepanakert military hospital on February 8, 2018, at approximately 2:15 p.m. because of illness ( preliminary diagnosis is fulminant meningococcemia), NK Defense Ministry press service reports.

    An investigation is underway to find out the details of the case.

     

    Armen Atanesyan (29 June, NK)

     On June 29, at approximately 8:30, a contractual soldier of one of the DA central military units, Armen Atanesyan (born in 1973) died as a result of an illness (the preliminary diagnosis being gallbladder disease, liver failure).

    An investigation is underway to reveal the circumstances of the soldier’s death.

     

    The causes and circumstances of three (3) other fatality cases registered during the year have not been clarified in the official outlets.

     

     Harutyun Khachatryan (16 January, NK)

    On January 16, 2018, at approximately 1:05 a.m. soldier Harutyun Khachatryan (Born in 1998) of the military unit located in the northern direction of the Defense Army died of a mortal gunshot wound released under unknown circumstances.

    An investigation is underway to find out the circumstances of the case.

     

    Stepan Stepanyan (12 February, RA)

    A criminal case on the death of Private Stepan Stepanyan has been filed in the 4h Garrison Investigative Division of the RA General Military Investigative Department. A report was received on February 12, 2018, stating that the soldier Stepan Stepanyan died at the reanimation department of the Central Clinical Military Hospital of the Ministry of Defense of the Republic of Armenia. On the same day, a forensic examination was appointed by the 4h Garrison Investigation Department of the RA General Military Investigative Department to find out the causes of the death of the serviceman. According to preliminary data, soldier Stepan Stepanyan had been granted a leave from February 1 to 10, 2018, which he spent in the Garni village of Kotayk Region. On February 10 the military serviceman left Garni village and accompanied by his uncle in his car went to  Yerevan Northern bus station to leave for Ijevan to continue his military service. On the road to the bus station at around 12:30 p.m., he felt bad but did not refuse to go back to his service. At around 23:15 on the same day, Stepan Stepanyan turned to the medical station of the military unit, after which he was transported to Ijevan Medical Center to receive medical aid. On the next day, February 11, at 07:30 a.m., Stepan Stepanyan was transported in an unconscious condition to MOD Central Military Hospital, where he died at 5:30 p.m. on February 12.

    The results of the forensic examination have not been received yet. According to the body autopsy, the forensic doctors recorded cerebral palsy with the syndrome of cerebral pressure as the immediate pathological condition that led to death. The cause of death was pronounced “coma of unknown origin”.

    On February 22 based on the materials prepared on the case of the death of the military serviceman, a criminal case was filed in the 4h Garrison Investigation Division of the RA General Military Investigative Department under Article 130 (Part2) of the RA Criminal Code. The preliminary investigation is underway. All the necessary investigation measures for the comprehensive, objective and full investigation of all circumstances of the death of the serviceman are underway.

     

    Martin Khachatryan (22 May, RA)

     An investigation is underway in the 8th Garrison Investigative Department of the RA Investigation Committee to find out the circumstances of the death of the soldier Private Martin Khachatryan.

    On May 22, 2018, at approximately 01:35 p.m. in the combat post of one of the RA MoD Military Units, a soldier Private Martin Khachatyan’s body was found with a penetrating mortal gunshot wound in the abdominal area.

    A forensic examination has been appointed, other necessary investigative and procedural actions are taken to determine all the circumstances and verify all the possible hypotheses of the soldier’s death.

    Invitation for Cooperation

    Peace Dialogue NGO announces a call for cooperation with representatives of civil society organizations operating in Armenia.

    In the scope of the project “Proactive Civil Society Participation in the Protection and Promotion of Human Rights in the Armenian Military Forces”, the selected participants will be involved in the monitoring group for observing the relevant activities of the Ministry of Defense deriving from the 2017-2019 RA National Human Rights Protection Strategy.

    The cooperation entails participation in the three-day training in October, during which the participants will partake in the development of the monitoring methodology specifically designed for this program. Immediately after the training the monitoring group will start the observation process in accordance with the developed monitoring plan.

    A financial compensation is foreseen for the involvement in the monitoring activities until the end of the year. The transportation and stationery costs will also be covered by the organization.

    The deadline for application is October 10, 2018.

    The interested representatives of the civil society organizations can send their motivation letters and CVs to [email protected].

    For further information, please contact Marianna Khazhakyan.

    Tel: 055820632 or 032221340.


    Embassy of the Federal Republic of Germany in Armenia

    The project is supported by the Embassy of the Federal Republic of Germany in Armenia with means from the German Federal Foreign Office.

    German Federal Foreign Office

    Quarterly Report on the Human Rights Situation in the Armenian Armed Forces/ Vol.8

    April – June 2018

    Peace Dialogue is presenting the current issue of its quarterly report on the conditions of Human Rights in the RA Military Forces. Peace Dialogue is an Armenian non-governmental organization active in peace building, democracy and human rights. One of the main spheres of its activities is the monitoring of human rights violations in the RA Armed Forces. In pursuit of justice and initiation of public debate on current issues in the Armenian Armed Forces, Peace Dialogue seeks relevant solutions and the promotion of those solutions by presenting them to the Armenian authorities and relevant international actors.

    © 2018. PHOTO: WWW.HETQ.AM

    The report covers the following topics:

    Introduction: Velvet Revolution

    1. Government Program
    2. Concept Review
    3. Definition of Reasonable Time-frame for the Provision of Compulsory Medical Documentation within the scope of the National Human Rights Strategy
    4. The Housing Queues of the Officers are Still Preserved
    5. The List of Conditions and Limitations Restricting the Level of Suitability for Military Service is Available
    6. Statistics of Fatalities in the Armenian Army in the First Quarter of 2018
    7. Information Related to the Preliminary Investigation on the Death of Soldier David Terteryan
    8. Information on the Case of the Death of Soldiers Grigor Avetisyan and Suren Aramyan
    9. Information on the Lawsuit on the Death of Soldier Manuchar Manucharyan
    10. Update on the lawsuit of the death of Private Harutyun Hambaryan
    11. Information on the Lawsuit of the Soldier Levon Torosyan’s Death Case

    Introduction: Velvet Revolution

    Following on the previous report for the first quarter of 2018, the socio-political situation in Armenia underwent significant changes due to the revolution, which broke out in the months of April and May and ended with a change of government.

    Urged by the initiative of Nikol Pashinyan, lawmaker and head of the parliamentary Fraction “Yelk”, the number of participants in the non-violent demonstrations of mass civil disobedience in different cities and villages of Armenia reached over hundreds of thousands. Concerned with the events taking place in Armenia, many diaspora communities also carried out continuous demonstrations. As a consequence, on April 23, Serj Sargsyan, the standing Prime Minister after two presidential terms, resigned from his post. Under public pressure, Nikol Pashinyan was elected as the new Prime Minister by the Armenian Parliament. It was quite encouraging that immediately after assuming office, Pashinyan announced his intention of a “ruthless struggle against any manifestations of corruption or injustice.”

    Of course, it is still too early to draw conclusions about the absolute victory of the revolution. Despite new appointments in a number of posts formerly occupied by officials associated with corruption (State Revenue Committee, Ministry of Science and Education, Ministry of Defense, Police, and others), a number of key positions, such as the RA Prosecutor General, are still held by representatives of the former regime. Davit Tonoyan, the former First Deputy Minister of Defense (2010-2016) and former RA Minister of Emergency Situations, was appointed as the RA Defense Minister.

    The snap parliamentary elections are ahead, which will determine the final outcome of the revolution. According to the new government program, the snap parliamentary elections must be held within the period of one year.

    Government Program

    Source: www.lragir.am
    Photo: Nikol Pashinyan presents the New Government Program.

    The newly formed government presented its program to the National Assembly, which was approved by a majority vote on June 7. A key argument against the program was that it bore a resemblance to a wish list with zero measurability. During the Parliamentary session on the government project, Deputy Prime Minister Ararat Mirzoyan stated that an action plan to clarify the terms of implementation and the measurability of their outcomes was under development and would soon be presented.

    The main priority of the program deals with the preparation and implementation of snap parliamentary elections following the Electoral Code Reform, which hopes to ensure political power centred on the free expression of public will. Significant references to issues concerning armed forces were also made. 

    As stated in the program, “The most important instrument in boosting combat efficiency and effectiveness of the Armed Forces is the radical change of the atmosphere and approaches set for army building and military service. Each commander must realize their responsibility for the life and security of the conscripts entrusted to them”. 

    The new government program also touches upon the issue of human rights in the armed forces. The issues requiring priority are the quality and efficiency of personnel activities to increase morale and psychological readiness, ensure the protection of human rights in the Armed Forces, decrease the non-formal relationships, the denigration of military servicemen’s dignity, and cases of self-injury or suicide resulting from them. A vital factor assisting in the realization of these purposes is the availability of continual education for the conscripts within the whole term of their military service. “Raising the soldiers’ level of education and their intellectual growth must be an important direction in the Armed Forces development strategy”. 

    With its new program, the Government undertakes the responsibility of adequate and complete material provision in order to prevent the need for parents’ participation in this process. It assures that the protection of private rank soldiers’ human rights, the logistics, material, and medical provisions are a central issue for military authorities and must remain the focus of public attention.

    Concept Review

    According to the previous government, the main element in provision of security in Republic of Armenia was the “Nation-Army” concept with its satellite programs and concepts (such as the military and patriotic education of students). We have already mentioned in the previous reports that initially the key issues of human rights protection and improvement of democratization in Armenia have not been regarded as a priority in the development of the security sector. On the basis of public confidence, the protection of the rights and dignity of servicemen have taken a back seat to the promulgation of patriotism through public propaganda. Moreover, according to our studies, nothing was initiated regarding the reduction of corruption or social injustice, creating a safe and sound atmosphere for military service in the Armed Forces (the developed concepts and laws did not map out anything in this regard). Rising from the priorities of the new Government Program, which is focused on fighting corruption and improving human rights conditions in the Army, it appears that the new government will not be satisfied with the development of military and patriotic spirit in the defense sector. 

    The Concept of Military-Patriotic Upbringing Has Been Suspended

    In the present report, we had decided to make a reference to the “Military-Patriotic Upbringing of Students.”Arayik Harutyunyan, the newly appointed Minister of Education and Science suspended this, in the opinion of many, dubious (essentially nationalistic) project developed and put into circulation by the Ministry of Education and Science. “We have withdrawn the Concept of military-patriotic upbringing for further discussion”, on June 5, the Minister mentioned at the joint session of the Standing Committees at RA National Assembly for science, education, culture, youth and sports, financial, credit, and budget issues. It was created to allocate tens of millions of dollars from the budget to support the concept of military-patriotic upbringing, under which, as claimed by the Minister, no specific program was implied. According to Minister of Education and Science, the concept will be raised following the discussions on the 2020-2030 concept program of the education sector.

    What Will Happen to the Nation-Army Concept?

    Davit Tonoyan Defence Minister of Armenia
    Davit Tonoyan
    Defence Minister of Armenia

    “As to me, there is no significant importance what kind of political package it will receive, whether it will be called “Nation-Army” or anything else. The most important is the content, the issue that we have to resolve by means of a pan-national consideration”, announced the RA Minister of Defense (MoD) Davit Tonoyan. He assured that the programs which have a long-term nature and are targeting army-building activities must be carried on, irrespective of the change of the head of the defense structure. 

    According to the Minister Davit Tonoyan, the programs “Yes Sir” («Ես եմ») and “I Have the Honor” («Պատիվ ունեմ») launched by his predecessor, Vigen Sargsyan, within the framework of the “Nation-Army” concept will continue, as relevant to military service. 

    The minister does not see any basis for the abolition of the “1000 drams” law either. (AN: Each month, 1000 AMD (US$2.50) is automatically withheld from the salary of every working person in Armenia for compensation payments to families of military personnel killed in action and those seriously wounded or suffering disabilities.)

    “We are dealing with a number of factors independent of us: these are objective realities which we cannot ignore. Particularly, we have the Karabakh conflict with decade-long ongoing political negotiations on the one hand, and a direct military threat, on the other. This situation does not leave us an alternative to keeping and developing a large number of armed forces, maintaining a mandatory term service, providing substantial financial resources for the defense sector, and so on. It is a great deal of burden for both the state and the society. Hence, our objective is to encourage the society to fully trust the army and be sure that every measure is taken for 

    a. ensuring the necessary combat readiness of the Armed Forces for enduring all types of threats,

    b. maximally efficient and targeted use of the resources allocated by the Ministry. 

    These objectives may not be achieved without the reinforcement of army-society links, enhancement of transparency and accountability, immediate participation of a number of social sectors in army building activities, introduction of education and science into the military, and so on.”

    In this context, it is hard to imagine what specific changes the “Nation-Army” concept will undergo, taking into account the fact that in response to the PD query on the aforementioned concept, Nikol Pashinyan, at that time still lawmaker and president of the parliamentary Fraction “Yelk”, expressed his concern about corruption risks deriving from the concept and the laws generated within its framework. He expressed conviction that some manifestations of the “Nation-Army” concept “…result in the disproportionate growth of militarization in Armenia, which in the long run, may be disadvantageous to the democratization process by transforming the army into a tool for solving internal problems”. He rated insufficient the involvement of different groups of civil society in the process of the concept’s implementation, and considered it a significant flaw in terms of public control over the activities of the RA Armed Forces. 

    To all appearances, all the concerns expressed by Nikol Pashinyan have, in one way or another, been reflected in the new Government Program. It remains to be seen what solutions the new Government will consider within the context of increasing the transparency of the MoD activities, and protection and promotion of human rights and fundamental freedoms. 

    Definition of Reasonable Time-frame for the Provision of Compulsory Medical Documentation within the scope of the National Human Rights Strategy

    PD is monitoring the 2017-2019 Action Plan deriving from the National Human Rights Protection Strategy. The provisions of the latter provide revision criteria for the performance of the action, with actual deadlines set for the activities. After the termination of the first quarter of the current year, the deadlines for the expected outcomes of the actions provided for in several paragraphs were already coming to an end. Below we present the relevant queries and responses of the appropriate authority bodies. 

    The 28th and 29th paragraphs of the 2017-2019 Action Plan deriving from the National Human Rights Protection Strategy envisage the development of mechanisms for conscripts to ensure the mandatory provision of their medical examination report and establishing reasonable time-frame for providing documents for early demobilization on the basis of health issues. These documents will adequately state the reasons for early demobilization. The submission of a legal act draft to the RA Government has been considered a revising criterion for the implementation of the activities. The RA MoD and Health Ministry are mentioned as responsible for the actions. By means of respective queries, we asked the relevant authorities to provide the following information: 

    1. Is there a relevant legal act draft available, which defines the provision procedure of relevant decisions of medical and military medical commissions, as well as the mandatory provision of medical examination results by medical institutions; and establishes reasonable time-frame for delivering documents on early demobilization based on health grounds, clearly stating the reasons for early demobilization?
    2. What mechanisms have been envisaged for the mandatory provision of medical examination conclusion reports to the conscripts?
    3. Have the time-frames for the mandatory provision of decisions concerning the conscripts and their medical examination conclusion reports by medical institutions been set within the scope of the legal act concerned?
    4. If yes, what time-frame has been set for the mandatory provision of the mentioned documents? 

    In response to the mentioned query, Nelson Zuloyan, Chief of Staff of the Ministry of Health, informed that the relevant body responsible for the aforementioned questions is the RA MoD, and in order to receive the required information, the questions should be addressed to them.

    First Class State Counselor G. Hayrapetyan, Chief of Staff of the MoD, mentions in his response that the issue is regulated by the Article 17 (Part 5), Article 29 (Part 3) of the Law on the Status of Military Service and the Conscript, as well as by the Government decision 405-N of April 12, 2018.

    The thorough examination of the law mentioned by the MoD and the legal act did not reveal any point which would define the time-frame for the provision of medical documentation to military servicemen for their early demobilization on the ground of health issues. Instead, the issue is regulated by the Article 25 (The bodies responsible for the organization of compulsory military conscription) Part 6 of the Law on the Status of Military Servicemen and the Military:

    “The decisions (provided conclusions) by Republican or Regional (or Yerevan City) Conscription Commissions as well as relevant Medical Commissions and Military Commissariats (military commissars) are transferred to the citizen or his legal representative within three days after their establishment. The decisions of Republican Conscription Commissions may be appealed to the court or to the RA Minister of Defense within two months after their establishment in a manner prescribed by law”.

    Thus, it may be concluded from the MoD’s response that this provision, prescribed by the national strategy for human rights protection is considered to be implemented by the adoption of the Law on the Status of Military Servicemen and Military. Although the mentioned law sets a (3) three-day time-frame for the provision of decisions (provided conclusions) by Conscription Commissions as well as relevant Medical Commissions and Military Commissariats (military commissars) to citizens or their legal representatives, however, there is no reference to the mandatory provision of the mentioned documents.

    The Housing Queues of the Officers are Still Preserved

    As per Article 65 Part 2 of the RA “Law on the Status of Military Servicemen and the Military”, in the manner and terms defined by the Government of the Republic of Armenia, in order to acquire an apartment or a dwelling house or build a dwelling house, contractual military officers may have access to state targeted mortgage lending programs on privileged terms and a long-term basis. The new program envisages the acquisition of the house/apartment by the officer by means of paying the principal sum within 20 years while the interest will be subsided by the state and with the return of the income tax will be equalled to zero. The officer assumes the obligation of 20 years of compulsory service in return for the proposed conditions. 

    The special housing program, which radically differs from the mortgage programs implemented so far, raises a number of questions. Particularly, for many years, thousands of military officers are waiting for their turn to get an apartment (according to the statement of former Minister of Defense, Vigen Sargsyan, during the Parliamentary session on “New legal regulations on conscription and military service”, “…a huge list has been formed”), and cannot assume the obligation of 20 more years of military service. 

    In its query to the Mod, PD asked to clarify what is awaiting the military servicemen already enlisted in the line for the acquisition of apartments, whether or not their issue of housing is going to be resolved, and how. Another important question regarding this program also needs clarification: what regulations are envisaged if, for instance, the officer assumes the obligation of 20 years of military service but is medically discharged, implementation of the penalty “dismissal from military service”, or any other grounding? 

    On the report of the MoD, for military servicemen registered in need of improved housing conditions during their military service but not having received an apartment/house with their property right as of the effective date of Article 65, the right of receiving an apartment at the expense of the state budget is maintained. However, the mentioned military servicemen may abandon this right and make use of the target program provided for in Article 65 Part 2 of the aforementioned law.

    As regards the other issues raised by PD, the MoD  informed that the targeted state support program “Accessible Housing for Military Officers” is currently under development. It will be presented for Government discussion after agreeing and processing with all interested departments. The legal acts deriving from the “Law on the Status of Military Servicemen and the Military” shall enter into force within six months after the implementation of this Law, so respective clarifications to the aforementioned questions in the framework of the defined provisions may be presented only after the adoption of relevant legal acts within the time-frame prescribed by law.

    The List of Conditions and Limitations Restricting the Level of Suitability for Military Service is Available

    The List of Conditions and Limitations Restricting the Level of Suitability for Military Service is Available In our previous reports, we have repeatedly referred to the ambiguity of the designation of the definition “Suitable for military service with restrictions.” We expressed our concern that both the acting law and the new draft law lack precision on how the soldiers, who have been conscripted to military with some restrictions, can get acquainted with the conditions of military service contradicting to their health, or what kind of limitations in the military service are provided for them based on their health conditions. The aforementioned information could only be communicated to soldiers conscripted to military service with restrictions by the command of the military unit. 

    On April, 2018, the RA Government’s decision on the “List of conditions defining the level of suitability of citizens or soldiers for military service, as well as the circumstances of military service contradicting to the citizen’s or soldier’s health conditions.

    The following information may be found in the Annex attached to the Decision:

    1. the list of maladies defining the citizens’ or soldiers’ level of suitability for military service; 
    2. the military conditions contradicting to the citizens’ or soldiers’ state of health in terms of characteristics of military service restrictions and physical exercises not permitted during military service to those included in the columns 1 and 3 in the list of maladies defining the level of suitability for military service.

    Statistics of Fatalities in the Armenian Army
    in the First Quarter of 2018

    Infographic 1. The number of fatalities in the RA and NK Armed Forces for the period January - June 2018.
    Click to zoom in

    In the first quarter of 2018, 24 (twenty-four) cases of fatality in the RA Armed Forces and the NK Defense Army have been reported to “Peace Dialogue” NGO. 8 (eight) cases have been registered in the territory of RA and 16 (sixteen) cases were registered in the territory of NK.  

    During the period of reporting, 2 (two) cases of murder and 4 (four) cases of suicide have been registered. 5 (five) fatalities were caused by the violation of ceasefire regime7 (seven) were casualty cases2 (two) cases were the result of the violation of safety rules, and one case was caused by health problemsIn 3 (three) of the cases the cause of the death of the military servicemen is still unknown.  

    It should be stated that the causes of death are presented in accordance with the causes mentioned in the official outlets, although it is highly possible that in at least one of the cases, that of Levon Torosyan, the real cause of death does not correspond to that of the official version.

    In response to PD’s query, the RA MoD stated that there were 9 (nine) fatalities registered in the RA Armed Forces and the NK Defense Army in the first quarter of 2018; whereas according to the data of PD, 11 such cases were recorded in the mentioned period. PD will try to shed light on the mentioned discrepancy by sending another query to the RA MoD.

    Information Related to the Preliminary Investigation on the Death of Soldier David Terteryan

    The body of private soldier Davit Terteryan5 was found with a mortal gunshot wound in the forehead on February 18, 2016 in a combat post of N military unit. The official hypothesis of the death is suicide. According to the RA Investigative Committee’s statement, on February 18, 2016, at approximately 1:00 p.m.  in the combat post under the supervision of military unit N, Private Davit Terteryan’s body was found with a mortal gunshot wound to the frontal part of the head.

    After the preliminary examination of the scene and the body, a criminal case for driving to suicide was filed in the first Garrison investigation department. The aggrieved party does not agree with the suicide version, and based on a number of objective reasons, claims that a murder was committed; whereas the preliminary investigation body is trying to conceal the alleged murder. In our previous report we have referred to the alleged illegalities committed during the preliminary investigation and the discrepancies in the investigation materials found by the representative of the victim’s legal successor, criminalist Ruben Martirosyan, expert of “Peace Dialogue” NGO.

    The preliminary investigation on this case is allegedly continuing. In reality, no step in the direction of disclosing the intentional murder has been taken, which lets us conclude that no investigation is being held. The representative of the victim’s legal successor Ruben Martirosyan has filed another objection to the investigator and the Military Investigation Department. 

    On 17 May, 2018, the victim side filed a complaint to the RA PM Nikol Pashinyan. 

    Information on the Case of the Death of Soldiers Grigor Avetisyan and Suren Aramyan

    Private soldiers Grigor Avetisyan and Souren AramyanAccording to the preliminary investigation body, on April 6, 2016, based on the phone call made by the Vardenis Military Police of the RA MOD Sevan Garrison to the 5th Garrison Investigation Department of the General Investigation Department of the RA Investigation Committee, on the night of April 5-6, at approximately 02:30-03:00 a.m., under unclear circumstances, in the artillery firing position of the MOD 75937 military unit compulsory military servicemen of the MOD 28418 military unit, Grigor Avetisyan and Suren Aramyan died of injuries resulting from gunshot wounds, and term servicemen Hakob Gevorgyan and Areg Baghdasaryan received lower limb gunshot injuries.

    After illegally and artificially separating these two murders committed by the same group of perpetrators in the same period of time, the Preliminary Investigation Body essentially did not and could not conduct any investigation on the murder of Suren Aramyan, since the corrupt Investigation body is not interested in revealing the murder. Ruben Martirosyan, the representative of the victim’s legal successor, once again appealed to the RA Prosecutor General and filed an objection to the Preliminary Investigation Body investigating the case. Whereas investigation on the part of Grigor Avetisyan is underway in the Gegharkunik Region Court of First Instance presided over by Judge Vahagn Melikyan. Although within 4 months the victim side has presented two mediations to the presiding judge, so far the latter has not taken the petition under examination, violating the procedure for resolving the petitions provided by the RA Criminal Procedure Code. 

    It should be mentioned once more, that according to the victim’s legal successors, instead of the real perpetrators in this case Davit Dumikyan is illegally accused of killing Grigor Avetisyan; while he has no connection to the murder whatsoever.

    On 17 May, 2018, the victim side filed a complaint to the RA PM Nikol Pashinyan.

    Information on the Lawsuit on the Death of Soldier Manuchar Manucharyan

    Update on the court case of the death of Private Manuchar ManucharyanAccording to the statement by the Ministry of Defense, on July 31, 2013, at approximately 1:20 p.m. while being on the checkpoint watchtower of the Kanaker military unit, private Manuchar Manucharyan caused a deadly gunshot wound to himself with his AKS-74 self-propelled rifle.

    A criminal case has been filed on the fact in the RA MOD Investigation Service as per Article 110 part 1 (driving a person to suicide) of the RA Criminal Code.

    In PD opinion, both Artur Mkrtchyan, Judge of the Court of General Jurisdiction of Arabkir and Kanaker-Zeytun Administrative Districts of Yerevan, and the Judicial staff of the Criminal Cassation Court under the presidency of Judge Narine Hovakimyan, have committed a number of violations of  the law. Particularly, they violated the principle of equal rights of the parties in the proceedings provided by the RA Criminal Procedure Code, as well as Article 102 on the mandatory nature of investigation for petitions and claims provided by the RA Criminal Procedure Code. 

    PD believes that both courts have violated the Article 6 of the European Court of Human Rights (ECHR) on the right of a fair trial. Equally, no effective investigation has been conducted to clarify the cause and the circumstances of death and to bring the perpetrators to justice, which directly leads to the violation of the rights provided for in Article 2 of the ECHR. 

    Currently the case is in the proceedings of the Cassation Court. The victim side is preparing to appeal to the RA Ministry of Justice with the mediation for filing disciplinary proceedings against the aforementioned judges. 

    On 17 May, 2018, the victim side filed a complaint to the RA PM Nikol Pashinyan, asking for his mediation in the rapid disclosure of Manuchar Manucharyan’s murder case and bringing the perpetrators to justice. The response to the application, it was sent to the RA Prosecutor General.

    Update on the lawsuit of the death of Private Harutyun Hambaryan

    Update on the court case of the death of Private Haroutyun Hambaryan.A criminal case on the death of military serviceman Harutyun Hambaryan has been filed in the 3rd Garrison Investigation Department of the General Military Investigation Department of the RA Investigative Committee. 

    On May 8, 2015, at approximately 03:15 p.m. according to preliminary information, Private Harutyun Hambaryan, military serviceman in the MOD N military unit, died as a result of the gunshot on the front part of his head from his self-propelled AKMS machine gun.

    The examination on this case is being held by the Syunik Marz Court of First Instance, presided by Judge Davit Sargsyan. The victim side filed a complaint to Judge Sargsyan, pointing all the violations and infringements that had been committed during the preliminary investigation. Evidence was also presented substantiating the deliberate murder; yet the preliminary investigation body has presented the case as a case of a suicide. Violating the regulations provided by RA Criminal Procedure Code, the judge had taken the appeal to examination in 2016, only a year after its submission. The court had considered the appeal legal and substantiated, and had made decisions on questioning a number of people regarding the case, and making a series of examinations on it.

    Rising from the aforementioned, the victim has filed a complaint to the Cassation Court against Judge David Sargsyan’s decision of January 16, 2018. On 22 June, 2018, the second court hearing on the mentioned case was held, during which the representative of the victim’s legal successor R. Martirosyan wanted to file an objection against the case prosecutor K. Aghabekyan, but failed to do so due to the interruption of the court session. The next session will take place on August 1. 

    On 17 May, 2018, the victim side filed a complaint to the RA PM Nikol Pashinyan, where the investigation of the case, as well as the illegalities of the preliminary investigation body were described in detail. 

    The response to the application was sent to the RA Prosecutor General.

    Information on the Lawsuit of the Soldier Levon Torosyan’s Death Case

    Information on the Lawsuit of the Soldier Levon Torosyan’s Death Case

    On 6 May, 2018, at approximately 7:30 a.m., in the territory of the military base of “Hakobasar” of the RA MoD Military Unit 21127, situated in the northeastern part of the RA, the body of Levon Torosyan (born in 1999, second conscription of 2018, Armavir Military Commissariat), soldier at the same military unit, was found with a mortal gunshot wound in his head.

    The 6th Garrison Investigative Department of the RA Investigation Committee filed the criminal case N90753018 on the incident as per Article 110 (Part 1) of the RA Criminal Code, i.e. driving to suicide.

    Ruben Martirosyan, expert of “Peace Dialogue” NGO, has also been involved in this case as the representative of the victim’s legal successor. On May 07, 2018, taking part in the examination of the body, alongside the aforementioned gunshot wounds, he also revealed a number of other wounds on the body:

    • Hemorrhage in the soldier’s genitals,
    • Scratches in the particular area of both elbows, which have the same sizes, the same date of origin, and may be claimed to have the same cause of origin (they are synchronous, similar injuries)

    Based on the aforementioned, Ruben Martirosyan has come to a conclusion, that a deliberate murder has been committed. Before the murder, the perpetrator(s) had hit the victim on the genitals, as a result of which the victim was allegedly deprived of the ability to defend himself. It happened not long before the death, since the hemorrhaged parts were of pink or light red coloring. Taking advantage of the victim’s helplessness, the perpetrator(s) held him by the arms and shot him.

    On May 8, the victim side filed a petition of objection against the Head and the investigator of the RA 6th Garrison Investigation Committee to the RA Prosecutor General Artur Davtyan. 

    The victim side had mediated for commissioning the preliminary investigation of the case to the RA National Security Service’s Investigation Department. The mediation has been satisfied partially. The preliminary investigation was commissioned to the General Department for Especially Important Cases of the RA Investigation Committee.  


    Quarterly Report on the Human Rights Situation in the Armenian Armed Forces/Vol.8Download Quarterly Report on the Human Rights Situation in the Armenian Armed Forces / Vol. 8 (Period: April – June, 2018) (Version: pdf, 455 Kb)

     

    Date of incident: