Expertise Photos are being withheld from Artak’s Relatives.

The 4th hearing concerning the case of Artak Nazaryan, who according to initial reports committed suicide in one of the border bases of Chinari, was held in Tavush Region Common Law Court.  The first three court sessions did not take place for some subjective reasons, allowing the victim’s relatives to claim that it was done intentionally, to discourage and wear the relatives out because of the difficulty of traveling to Berd from the capital city, of Yerevan.     

Artak’s Mother, Hasmik Hovhannisyan, believes that the court is determined to reach a verdict without the victim’s successor being present in court.

On this 4th attempt, however, all parties were present except for two witnesses who were not in Armenia  but agreed to  retain the testimony they gave during the preliminary investigation. Those interested in Artak Nazaryan’s murder case find this suspicious, since sources prove that the witnesses, privates in the army, gave testimony under threats, humiliation, and fear.

Along with the four defendants arrested in the case, including Lieutenant Vahagn Hayrapetyan, summoned from “Yerevan” PI, the court also summoned private Harutik Kostanyan, who is free and has been transferred to the Noyemberyan Army Unit.
The actions and look on the face of this soldier from Ujan expressed some reticence and maybe some regret about what happened. The looks on the faces of the other four, expressed blank indifference and self-confidence. Probably the social factor was decisive here. 

When Judge Samvel Mardanyan asked Harutik whether he had received the statement of charges, the private gave a negative response, which almost prompted the postponing of the hearing again. Kirakosyan’s relatives spoke up from the audience claiming that their son had received the document, but ‘He was tense at that time and cannot recall.’  The court adjourned for recess, and in an attempt to save the situation and to clarify the issue, Prosecutor Harutyunyan invited defendant Kirakosyan for a private talk. 

Advocate Mushegh Shushanyan, a representative of Artak Nazaryan’s successor, citing the law, motioned for dismissal of the prosecutor. This was supported by one of the defense attorneys. ‘The prosecutor’s behavior shows that he has a biased attitude towards the lawsuit.’ indicated Shushanyan. Judge Vardanyan rejected the dismissal motion. 

Several petitions were heard during the hearing. Vahagn Hayrapetyan’s attorney motioned to substitute the detention order of his defendant with release on bail. That petition was rejected. It is interesting that this petition was seconded by all three defense attorneys and defendants. Judge Mardanyan, found it impermissible to release a defendant on bail under such circumstances, based on the rejection of the fact that Hayrapetyan’s actions constitute a serious crime which necessitates 3-8 years of imprisonment.

The successor of the victim petitioned to provide duplicate of the photos used for forensic expertise, in order to send  them to the appropriate specialists abroad, for their opinion. ‘Neither the investigative body nor the military prosecutor were able to help us with obtaining the pictures. The pictures were taken both in the morgue at Berd Hospital and in the Scientific-Practical Center of Forensic Medicine. We received an answer from Center that they cannot provide duplicates of the pictures. We have a deadlocked situation in this sense.’ Shushanyan relayed in a conversation with us.

The Nazaryans also demanded that the court hearings be moved to Yerevan, taking into consideration that most of the litigants live outside Tavush Region and the four detainees are in “Yerevan” PI. Besides, the road to Berd is very long, tiring, and hard-to-reach, and winter is approaching which makes it even more difficult.  ‘We are going to actively participate in the process, the case has public  attention and mass media is very interested, but if it continues this way, we will assume that they are intentionally creating inconveniences for the aggrieved party,’ said Advocate M. Shushanyan.   

Holding the hearings in Yerevan was supported by all the other parties of the case except Defense attorney Karen Ghalumyan, who suggested moving it at least to the Town of Dilijan. Judge Mardanyan decided to move the following sessions to Dilijan after hearing the witnesses. He argued that it would also be convenient for him as he was Chairman of the Court. In a conversation with us, Advocate Shushanyan considered this as an attempt to prevent the publicity of the case as a more probably option.

The regular working day ended and the next hearing on Artak Nazaryan’s case is scheduled for October 12th.

We talked to Mrs. Hasmik, Artak’s mother: ‘According to the case, Vahagn Hayrapetyan left his base twice and went to “give a conclusion” on Hakob Manukyan’s call,’ she said. Then, ‘Hayrapetyan and Manukyan had severely beaten Artak up and then bragged about what they had done.  On his second visit to the base he and Hakob finished their deed.

Two witnesses left Armenia which means that they have refused to repeat their preliminary testimony.  It appears They do not want to tell the fairy-tales they previously told per the investigator’s instruction.’  We discussed the investigation process with Tsovinar Nazaryan, Artak’s sister.

‘It is obvious that the investigation was conducted in a wrong direction and not all offenders have been identified. The case cannot be considered solved,’ said Tsovinar. ‘There is extensive evidence of deceit in this case. We hope to achieve some truth in the court.’ Tsovinar also noted that moving the hearings to Dilijan does not change the situation much, as  it is still an obstacle for their family to travel the roads to Dilijan.

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