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DISADVANTAGE IN COURT: SOLDIER'S FAMILY CALLS FOR PROSECUTION AGAINST JUDGE
HUMAN RIGHTS | 13.02.13 | 12:44
Photolure
Tsovinar Nazaryan
By GAYANE MKRTCHYAN
ArmeniaNow reporter
Legal successors of army Lieutenant Artak Nazaryan are demanding
criminal prosecution against judge Samvel Mardanyan, chairman of Tavush
province's general jurisdiction court, presiding in Nazaryan's case
ongoing since 2010.
Tsovinar Nazaryan says that during the recent hearing, on February
5, the judge did not allow human rights advocate Ruben Martirosyan,
representing Nazaryan in the court, to make a motion and asked him
to leave the courtroom after imposing a court sanction on him.
"That's what prompted us to turn to the Prosecutor General. There
are fundamental principles of holding trials and the RA Constitution
guaranteeing the right for fair trial, this right is consolidated
also by international agreements. Both the defense and the prosecution
have to have equal rights to present their arguments," she says.
Artak Nazaryan died in late July of 2010 at a military post near
Chinar village, Tavush province. The official version says it was
suicide, and five of his fellow soldiers are defendants in the case
(for allegedly drving Artak to shoot himself; they deny their guilt),
two of them claiming that were tortured and forced to confess. Artak's
family is convinced that it was murder and that the respective bodies
are covering it up. During the trial several witnesses denied their
earlier testimonies.
A forensic examination of Nazaryan's body had revealed 54 injuries;
however no investigative action has been taken to find out their
source. His immediate commander found Nazaryan's diary and submitted
it for evidence, with missing pages and a suicide letter. It remains
unclear, however, whose gun he used to shoot himself. Based on these
facts as well as the forensic report for gunfire residue, the aggrieved
party is convinced the case is a cover-up.
During the February 5 hearing the defense tried to solicit the court
to call the forensic scientist as a witness in this case..
"The forensic report says that gunfire residue was found in the skin
scraping samples of seven among the eleven conscripts examined. These
traces of copper metallic bonding are evidence that the seven soldiers
in question might have been in close vicinity to the victim at the
time of shooting," says human rights activist Martirosyan. "The
forensic evidence related to these seven completely contradicts the
information acquired through the so-called investigation claiming
that nobody witnessed Nazaryan's suicide."
Nonetheless, the conscripts have not been brought into the case,
meanwhile five other soldiers are now facing charges. There is the
forensic report, but no consequent investigation has been carried
out, hence what might have become a key factor in solving this case
is being discarded, Nazaryan supporters argue.
Tsovinar, the victim's sister, is very persistent in her determination
to achieve a fair trial in her brother's case. She was given the
Woman of Courage award last year by the United States Embassy in
Armenia in partnership with the British Embassy, the OSCE Yerevan
office and Counterpart International. The award was handed to her
by then US Secretary of State Hillary Clinton during her official
visit in Yerevan. Tsovinar is also an active participant of various
political movements.
She is puzzled by the fact that the forensic evidence doesn't play
any role in the trial.
"It's a major factor in the case. Seven people witnessed the gunshot,
meaning those seven people know who, and under what circumstances,
the gun was fired. Even if it was suicide, why are those seven
more inclined to hide that fact? When Martirosyan tried to make a
statement, judge Mardanyan declared that the defense is not entitled
to motions and removed him from the hall. This means weakening the
defense positions," Nazaryan says.
It was the fifth time judge Mardanyan had removed Martirosyan from
the courtroom.
Defense attorney Mushegh Shushanyan says in the beginning the court
granted their motions to call the second investigator in charge of
the case, Levon Petrosyan, and forensic physician Vigen Adamyan to
the court.
"However, by granting those petitions the preliminary theory started
falling apart right in front of their eyes, hence the court changed
its work style and started denying all our motions. The judge denies
them justifying it by one argument: "The military prosecution has
submitted this case as it is now and that's what I am working with".
Meaning that, maybe unconsciously he is actually admitting that he is
not the body to establish justice, but is merely someone to put a court
seal on the military prosecution's conclusion," explains the attorney.
According to him, it was illegal to remove Martirosyan as someone
representing the victim's legal successor in court, because in that
case the successor (in this case Tsovinar Nazaryan) finds herself
at a disadvantage against the prosecution and the defense attorneys
representing the defendants.
The victim's successors have addressed a letter to president Serzh
Sagrgsyan, the Ombudsman, the Council of Justice, the Public Council,
demanding legal action against judge Mardanyan for restricting the
rights of the victim's legal successor's representative by imposing
an unfair court sanction.
"When the whole system is corrupt, perverse and interconnected,
it is a huge challenge to achieve justice, at the same time all
levers have to be used. Public attention has to be drawn to it, as
well as that of the international community; we have to go through
all legislative procedures and find certain civil support," says
Nazaryan. "Grounds should be laid for bringing issues to surface and
for finding solutions. At the same time there has to be a power that
would have enough political will to fix the justice system in Armenia."
Attorney Shushanyan says crime prevention in the armed forces would
be possible only if the existing cases get solved.
"During one of the campaign meetings with the incumbent president a
woman, Nana Muradyan, mother of conscript Valery Muradyan who died
during service in the Nagorno Karabakh Defense Army, approached Serzh
Sargsyan. He responded to her plea to solve her son's case by saying
'You think it's so easy to solve murder cases?' I'd like to say;
Yes, in fact it is easy! They spend several times more resources on
covering up the cases. If the corrupt law enforcement system he backs
and sponsors did not exist, and instead we'd have a fair judicial
system, those cases would have been solved and their recurrence
chances would have dropped," says the attorney.
In a January meeting with the press, military prosecutor of Armenia
Gevorg Kostanyan reported that the number of non-combat deaths in
the army decreased in 2012 (29, but 9 of which were the result of
ceasefire violation) as compared to 2011 (34 cases).
Helsinki Citizens' Assembly Vanadzor office reported its own data
claiming an increase rather than decrease in numbers: there were
actually 48 cases with lethal outcome in the army, among them 12
-rather than 9 - were the result of ceasefire violation; in 2011 the
number of deaths was 39, the assembly says.
From: Emil Lazarian | Ararat NewsPress
HUMAN RIGHTS | 13.02.13 | 12:44
Photolure
Tsovinar Nazaryan
By GAYANE MKRTCHYAN
ArmeniaNow reporter
Legal successors of army Lieutenant Artak Nazaryan are demanding
criminal prosecution against judge Samvel Mardanyan, chairman of Tavush
province's general jurisdiction court, presiding in Nazaryan's case
ongoing since 2010.
Tsovinar Nazaryan says that during the recent hearing, on February
5, the judge did not allow human rights advocate Ruben Martirosyan,
representing Nazaryan in the court, to make a motion and asked him
to leave the courtroom after imposing a court sanction on him.
"That's what prompted us to turn to the Prosecutor General. There
are fundamental principles of holding trials and the RA Constitution
guaranteeing the right for fair trial, this right is consolidated
also by international agreements. Both the defense and the prosecution
have to have equal rights to present their arguments," she says.
Artak Nazaryan died in late July of 2010 at a military post near
Chinar village, Tavush province. The official version says it was
suicide, and five of his fellow soldiers are defendants in the case
(for allegedly drving Artak to shoot himself; they deny their guilt),
two of them claiming that were tortured and forced to confess. Artak's
family is convinced that it was murder and that the respective bodies
are covering it up. During the trial several witnesses denied their
earlier testimonies.
A forensic examination of Nazaryan's body had revealed 54 injuries;
however no investigative action has been taken to find out their
source. His immediate commander found Nazaryan's diary and submitted
it for evidence, with missing pages and a suicide letter. It remains
unclear, however, whose gun he used to shoot himself. Based on these
facts as well as the forensic report for gunfire residue, the aggrieved
party is convinced the case is a cover-up.
During the February 5 hearing the defense tried to solicit the court
to call the forensic scientist as a witness in this case..
"The forensic report says that gunfire residue was found in the skin
scraping samples of seven among the eleven conscripts examined. These
traces of copper metallic bonding are evidence that the seven soldiers
in question might have been in close vicinity to the victim at the
time of shooting," says human rights activist Martirosyan. "The
forensic evidence related to these seven completely contradicts the
information acquired through the so-called investigation claiming
that nobody witnessed Nazaryan's suicide."
Nonetheless, the conscripts have not been brought into the case,
meanwhile five other soldiers are now facing charges. There is the
forensic report, but no consequent investigation has been carried
out, hence what might have become a key factor in solving this case
is being discarded, Nazaryan supporters argue.
Tsovinar, the victim's sister, is very persistent in her determination
to achieve a fair trial in her brother's case. She was given the
Woman of Courage award last year by the United States Embassy in
Armenia in partnership with the British Embassy, the OSCE Yerevan
office and Counterpart International. The award was handed to her
by then US Secretary of State Hillary Clinton during her official
visit in Yerevan. Tsovinar is also an active participant of various
political movements.
She is puzzled by the fact that the forensic evidence doesn't play
any role in the trial.
"It's a major factor in the case. Seven people witnessed the gunshot,
meaning those seven people know who, and under what circumstances,
the gun was fired. Even if it was suicide, why are those seven
more inclined to hide that fact? When Martirosyan tried to make a
statement, judge Mardanyan declared that the defense is not entitled
to motions and removed him from the hall. This means weakening the
defense positions," Nazaryan says.
It was the fifth time judge Mardanyan had removed Martirosyan from
the courtroom.
Defense attorney Mushegh Shushanyan says in the beginning the court
granted their motions to call the second investigator in charge of
the case, Levon Petrosyan, and forensic physician Vigen Adamyan to
the court.
"However, by granting those petitions the preliminary theory started
falling apart right in front of their eyes, hence the court changed
its work style and started denying all our motions. The judge denies
them justifying it by one argument: "The military prosecution has
submitted this case as it is now and that's what I am working with".
Meaning that, maybe unconsciously he is actually admitting that he is
not the body to establish justice, but is merely someone to put a court
seal on the military prosecution's conclusion," explains the attorney.
According to him, it was illegal to remove Martirosyan as someone
representing the victim's legal successor in court, because in that
case the successor (in this case Tsovinar Nazaryan) finds herself
at a disadvantage against the prosecution and the defense attorneys
representing the defendants.
The victim's successors have addressed a letter to president Serzh
Sagrgsyan, the Ombudsman, the Council of Justice, the Public Council,
demanding legal action against judge Mardanyan for restricting the
rights of the victim's legal successor's representative by imposing
an unfair court sanction.
"When the whole system is corrupt, perverse and interconnected,
it is a huge challenge to achieve justice, at the same time all
levers have to be used. Public attention has to be drawn to it, as
well as that of the international community; we have to go through
all legislative procedures and find certain civil support," says
Nazaryan. "Grounds should be laid for bringing issues to surface and
for finding solutions. At the same time there has to be a power that
would have enough political will to fix the justice system in Armenia."
Attorney Shushanyan says crime prevention in the armed forces would
be possible only if the existing cases get solved.
"During one of the campaign meetings with the incumbent president a
woman, Nana Muradyan, mother of conscript Valery Muradyan who died
during service in the Nagorno Karabakh Defense Army, approached Serzh
Sargsyan. He responded to her plea to solve her son's case by saying
'You think it's so easy to solve murder cases?' I'd like to say;
Yes, in fact it is easy! They spend several times more resources on
covering up the cases. If the corrupt law enforcement system he backs
and sponsors did not exist, and instead we'd have a fair judicial
system, those cases would have been solved and their recurrence
chances would have dropped," says the attorney.
In a January meeting with the press, military prosecutor of Armenia
Gevorg Kostanyan reported that the number of non-combat deaths in
the army decreased in 2012 (29, but 9 of which were the result of
ceasefire violation) as compared to 2011 (34 cases).
Helsinki Citizens' Assembly Vanadzor office reported its own data
claiming an increase rather than decrease in numbers: there were
actually 48 cases with lethal outcome in the army, among them 12
-rather than 9 - were the result of ceasefire violation; in 2011 the
number of deaths was 39, the assembly says.
From: Emil Lazarian | Ararat NewsPress