HRW LETTER TO AGVAN HOVSEPIAN

Lragir.am 27/04/10

April 21, 2010 Agvan G. Hovsepian, Prosecutor General Republic
of Armenia

Dear Mr. Hovsepian,

Human Rights Watch is writing to express its profound concern about
the death of 24-year old Vahan Khalafian, who sustained a fatal injury
while in the custody of the Charentsavan police station on April 13,
and to urge you to conduct a thorough, independent, and transparent
investigation into circumstances of his death in accordance with
Armenia’s international obligations.

Khalafian and four other men were detained on April 13 in Charentsavan,
a town about 40 kilometers north of Yerevan, on suspicion of stealing
1.5 million drams worth of goods from a fellow resident. Police
publicly reported that while at the station, Khalafian grabbed a
knife from a police major’s office while a policeman was not paying
attention, and stabbed himself in the stomach. He died hours later
in a hospital.

There is some concern that Khalafian may have been ill-treated prior
to his death. Arthur Sakunts, leader of the Vanadzor branch of the
Helsinki Citizens’ Assembly (HCA), spoke to two other detainees who
were interrogated in neighboring rooms to Khalafian while he was being
interrogated. The two men, who have been released, alleged that they
could hear noises indicating that Khalafian was ill-treated during
interrogation. Khalafian’s mother also told the local media that
in addition to lacerations on his chest and two puncture wounds in
his abdomen, Khalafian also had multiple bruises on his legs. While
it is impossible for Human Rights Watch to ascertain how and where
Khalafian sustained these bruises, this raises concerns about possible
ill-treatment of Khalafian in police custody.

In an interview with local media on April 14, Republic of Armenia
Police Chief Alik Sargsian flatly denied allegations that Khalafian
was ill-treated in custody and stated that "there were no traces of
violence on Khalafian’s body and no policemen used force against him."

He acknowledged that the policemen were not vigilant with regard to
the knife, and stated that the incident could have happened anywhere
else, as Khalafian suffered a mental disorder and was exempted from
military service for that reason in 2005. Sargsian also stated that
Khalafian was one of the ringleaders of the theft.

We are aware that Armenia’s Special Investigative Service (SIS) is
conducting a preliminary investigation into Khalafian’s death. SIS took
over the criminal case launched by the Armenian police investigative
department in accordance with article 110, part 1 of the Criminal
Code of Armenia (causing somebody to commit suicide). We welcome
the initiation of a criminal investigation. But we are concerned
that statements by the Police Chief commenting on the state of
Khalafian’s body-before the forensic report could be made public-and
branding Khalafian as the ringleader in the theft may jeopardize he
investigation’s impartiality and independence.

We urge you to ensure that your office conducts an impartial,
thorough, and transparent investigation into the circumstance
surrounding Mr. Khalafian’s death. Such an investigation should not
exclude the possibility that Khalafian could have been ill-treated
in custody. The investigation should be capable of identifying and
leading to the punishment of those found to be responsible to the
full extent of the law, as required by the Article 2 of the European
Convention on Human Rights (ECHR) to which Armenia is a party.

Armenian authorities have an obligation to provide a complete and
plausible explanation for and account of any death in custody,
based on a thorough and independent investigation which establishes
the extent of the liability of the authorities in whose custody the
deceased was when he died.

Failure to carry out such an investigation and to pursue any
appropriate prosecutions of those responsible would bring Armenia in
violation of its obligations under the ECHR. The investigation should
also look into the efficiency of the medical assistance provided to
Khalafian and whether it met the requirement to provide the highest
possible standard of treatment.

We also encourage you to take the necessary steps to ensure the
rights of Mr. Khalafian’s family are respected. They have a right
to participate in and have access to the investigation and to be
represented to ensure that their interests are safeguarded. In this
regard we welcome the presence of Khalafian’s family member during
the forensic examination. Human Rights Watch has documented numerous
cases of ill-treatment in custody in Armenia for which no one was held
responsible. We are also aware that no one has been held accountable
for the 2007 death in custody of Levon Gulyan. It is of paramount
importance to break the cycle of impunity in such abuses through
rigorous investigation and prosecution of abusive law enforcement
officials.

Thank you for your attention to this serious matter.

Sincerely, Holly Cartner Executive Director, Europe and Central Asia
Division cc: Alik Sargsian, Chief of Police, Armenia Andranik Mirzoyan,
Chief of Special Investigation Service, Armenia.