A1+
"HUMAN RIGHTS WATCH" HAS SENT A LETTER TO THE COURT OF CASSATION
[01:46 pm] 15 September, 2006
The International Organization `Human Rights Watch’ which struggles
for the protection of humanm rights is more than 70 countries has sent
a letter to Armenia, in particular to the President of the RA Court of
Cassation, Hovhannes Manoukyan.
Your Honor,
Please accept my greetings on behalf of Human Rights Watch. As you may
know, Human Rights Watch is an independent, international human rights
organization that advocates respect for human rights in some seventy
countries worldwide, including Armenia.
We are writing to express our deep concern regarding allegations of
torture and inhuman and degrading treatment relating to the case of
Razmik Sargsian, Musa Serobian and Arayik Zalian, convicted of
murdering two of their fellow conscript soldiers. The Court of
Cassation received a request to hear an appeal in this case on
September 11, 2006.
On May 13, 2005, the Syunik Marz Court of first instance sentenced
Razmik Sargsian, Musa Serobian and Arayik Zalian to fifteen years of
imprisonment. On May 30, 2006, the Court of Appeals changed the
sentence to life imprisonment.
During a recent mission to Armenia, Human Rights Watch collected
information about the case. Taking no position on the defendants’
innocence or guilt, we are profoundly concerned that the verdicts of
both courts were largely based on the confession of one of the
defendants, Razmik Sargsian. There are reasonable grounds to believe
that his confession was made following subjection to torture and other
cruel treatment. Sargsian stated first to his lawyer and then later in
court that after he had been initially questioned as a witness in the
case on April 19, 2004, he was subjected to several days of brutal
beatings and psychological pressure by the military procuracy
investigators, as a result of which he confessed to the crime and
incriminated Serobian and Zalian as his accomplices. Sargsian states
that the investigators handcuffed his hands behind his back, suspended
him from his hands and beat him in this position. They also threatened
him with rape. In a video tape of the confession, Sargsian’s face was
swollen and bruised, strongly suggesting that he had suffered
ill-treatment prior to making the confession.
Later, during the pretrial investigation and at the trial Sargsian
stated his innocence saying that he had been forced under physical and
psychological pressure into making the confession. The other
defendants, Serobian and Zalian, also told the court they had been
tortured during interrogations by investigating officers, and they
never pleaded guilty. The Syunik Marz court, however, did not
investigate the allegations of ill-treatment and denied the defense’s
motions that were introduced to substantiate the torture
complaints. For instance, the court refused to grant the defense’s
motion to do an examination of the wooden floor in the investigation
room in which the men were questioned. According to the defense, the
floor has blood stains as result of the torture of Sargsian, Serobian
and Zalian. The court also refused to examine medical documents from
the hospital where Sargsian was taken during his hunger strike which
indicate a variety of medical problems, some of which appear to be the
result of beatings.
In addition, in its verdict the court did not address numerous
contradictions in the prosecution’s case, including those related to
the date, hour, place, and method of the killing.
The defendants’ lawyer has submitted an application to the European
Court of Human Rights alleging numerous violations of the European
Convention on Human Rights with respect to the defendants.
International treaties to which Armenia is a party, including the
European Convention on Human Rights, the International Covenant on
Civil and Political Rights, and the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
prohibit the use of torture. These treaties also emphasize that
statements made under torture cannot be invoked as evidence, except
against a person accused of torture. International law also obliges
states to guarantee defendants’ right to a fair trial and to ensure
that any criminal proceedings areconducted in accordance with
fundamental due process requirements. The failure to uphold these
standards would constitute serious breaches of Armenia’s international
obligations.
Your honor, we hope that the Court of Cassation, will be fully mindful
as it reviews the case that it does so in accordance with Armenia’s
binding human rights obligations.
Human Rights Watch believes that it is very important that given the
credible allegations of torture in this case, and Armenia’s
obligations to do so, that a prompt investigation into the allegations
is ordered, and that all measures are put in place to ensure that any
conviction based on evidence coerced under torture does not stand.
Thank you for your attention to this urgent matter,
Sincerely,
Holly Cartner
Executive Director
Europe and Central Asia Division