No Criminal Case Filed Against the Police Officer Exceeding his Authorizations

On March 14, the RA Court of First Instance of Kentron and Nork-Marash Administrative Districts, presided by Judge Mnatsakan Martirosyan, examined citizen Garnik Melikyan’s claim (the latter had been illegally brought to the police department by a police officer) against SIS investigator and decided to reject filing the criminal case.  

Garnik Melikyan, resident of Medovka village in Tashir region was unable to pay for a brick of cheese within a 1-month timeline. Approximately two months later, on October 11 of 2010 Zohrab Tsarukyan, Security Guard and Patrol Service officer of Tashir Police department, the son of the shop owner, accompanied by another police office, went to Garnik’s place to demand the money back.

According to the responding party, Zohrab Tsarukyan has exceeded his official authorizations by illegally and forcefully taking Melikyan to the police department in his car and intentionally causing physical damage to him (RA Criminal Code, article 309).

According to the victim, Tsarukyan slapped him several times, and hit him in the upper left part of the chest twice. For 2-3 days in succession Melikyan was busy with daily household but after a while he felt acute pains in the injured parts and had to stay in for 3-4 days.

Afterwards, Melikyan gave a report on the occurrence in the Police department. A forensic examination was appointed 6 days after the incident. It was stated in the doctor’s conclusion that no injuries had been identified and that it was impossible to identify anything because so many days had passed after the incident.

After examining the materials regarding the criminal case filed on 25.12.2010, the SIS SIC investigator Gorik Hovakimyan decided to reject filing the case. Gagik Melikyan appealed the investigator’s decision at RA Prosecutor General’s office where the case was again turned down.

Edmon Marukyan, advocate of the responding party claimed at court that witnesses holding valuable information hadn’t been interrogated and in fact no objective examination had been carried out. He demanded that victim’s wife Laura Melikyan and human rights activists Artur Sakunts and Suren Ananayan be interrogated, because they could reveal valuable information regarding the case. 

The advocate also mentioned that according to the official investigation results based on Garnik Melikyan’s claim, the Head of the Internal Security Department of the RA Police was notified that Senior Sergeant Zohrab Tsarukyan was subjected to a disciplinary penalty for intervening in the monetary issue between the citizens.  

The responding party, interrogator Hovakimyan, claimed at court that an objective and versatile examination based on available materials was carried out and stated that Garnik Melikyan didn’t have any physical injuries which was asserted by the examining doctor.
He explained that victim’s wife Laura Melikyan wasn’t interrogated, because she had already given testimony in the Police department recorded in the case files and he didn’t see a need for additional clarifications.  The interrogator considered it strange that Melikyan had complaints and consulted a doctor only several days after the incident.

Hovakimyan denied advocate Edmon Marukyan’s claim that he had ordered or dictated Melikyan during the interrogation, regarding which the advocate had presented his objections.  At the presence of the advocate, Melikyan had written that he had been neither ordered nor dictated in the testimony. However, his advocate was claiming his client felt uneasy to give a testimony against his co-villager. Besides, being a common shepherd and having law legal awareness, he didn’t perceive the real meaning of “order”.

SIS SIC investigator Hovakimyan explained that he hadn’t interrogated Artur Sakunts with the following statement,-“In my opinion, Helsinki Citizens’ Assembly Vanadzor office headed by Artur Sakunts is determined to publicize the outcomes of their work, it is my personal opinion”.

In response to the statement, Edmon Marukyan noted that they were determined that lawbreaking police officials be brought to liability”. 

After the break, the judge promulgated the verdict to reject the case. The plaintiff party will appeal the verdict.
 
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