PROSECUTOR GENERAL OF ARMENIA MEETS WITH CO-RAPPORTEURS OF PACE MONITORING COMMITTEE

Noyan Tapan

Jan 15, 2009

YEREVAN, JANUARY 15, NOYAN TAPAN. Issues related to the investigation
process of the criminal case opened in connection with March 1-2 events
in Yerevan, the charges against the persons involved as accused in
the case and the legal assessment of their actions were discussed at
the January 15 meeting of the RA prosecutor general Aghvan Hovsepian
and the co-rapporteurs of the PACE Monitoring Committee John Prescott
and Georges Colombier.

The prosecutor general informed the co-rapporteurs that during the
first 6 months of the investigation into the criminal case opened in
connection with the March 1-2 events, the investigation concerning
all the accused persons under preliminary arrest was completed and
90 criminal cases on 111 persons were sent to court. In his words,
the investigation was conducted within a reasonable period, with all
the necessary conditions for exercise of the rights of the accused
persons being ensured.

At the co-rapporteurs’ request, he spoke about the charges brought
under the RA Criminal Code’s Article 300 Part 1 and Article 225 Part
3 against 7 persons in the criminal case examined by the Yerevan
Criminal Court.

According to the prosecutor general, the eveidence collected by
investigators shows that the disorder in Yerevan was not an end in
itself for the organizers but a means of usurping state power by
violence. By the information of the investigation, the 7 accused
persons in this criminal case: Alexander Arzumanian, Hakob Hakobian,
Myasnik Malkhasian, Sasun Mikaelian, Shant Harutyunian, Grigor
Voskerchian and Suren Sirunian played a key role in the organization
of the above mentioned disorder. A. Hovsepian explained that the
indicated persons are charged not with committing murders but with
organizing mass disorder accompanied by murders. It was mentioned that
the disorder and the rallies held prior to it cannot be considered
peaceful as the investigation collected enough proof that their
participants were armed.

The proof collected by the investigators was considered by the
prosecutors in control of the investigation as well-founded and
sufficient to be sent to court where it will be examined at a public
trial. The prosecutor general said that the trial has not begun
yet and it is difficult to predict its outcome. In his words, the
prosecutors are not constrained by the evidence collected during the
investigation and their final position will form during the trial as
it is not ruled out that new evidence may emerge in the process of
the trial on this case – evidence that may justify or aggravate the
actions of the accused persons.

Speaking about the deaths as a result of the use of special
antiriot weapons by the police, the prosecutor general noted
that the prosecuot’s office applied to a number of international
organizations with the request to help with investigation into this
issue, however, all these bodies, including the UN Office in Yerevan,
the OSCE Office in Yerevan, the U.S. embassy in Armenia have refused
to provide experts, saying that they have no such practice, experts
and equipment. The prosecutor’s office entered into correspondence
with the expert proposed by the CE Commissioner for Human Rights
Thomas Hammarberg and sent the necessary materials to him but the
latter also stated that it is impossible to make an identification.