Protracted Case: The Tavush Region Judge did not Accept the Justification of Public Interest

The court ruled that the police did not use violence against suspects, Vladimir Tonoyan and Armen Melkonyan.

Artur Sakunts, Chairman of Helsinki Citizens’ Assembly-Vanadzor, visited the Detention Facility of the Vanadzor Police Department. There, Vladimir Tonoyan, arrested on September 29, 2009 for theft, informed him that the officers of the Spitak Police Department had used violence against him and Armen Melkonyan, accused of theft, in order to extort confession testimonies. After examining the complaint of Vladimir Tonoyan and Armen Melkonyan, the Lori Region Investigation Division did not find violence in the actions of the police against them and did not initiate a criminal case. Artur Sakunts appealed to the Lori Region Court of First Instance, which granted the lawsuit. The investigator, overseeing the case appealed the court decree and the Court of Appeals granted the appeal. Sakunts appealed to the Court of Cassation, which granted the appeal. The case was re-submitted to the Investigation Division of the Lori Region Police Department, which, according to law, was obligated to initiate a criminal case, but instead sent the case materials to the Dilijan Investigation Division. Smbat Saghatelyan, Senior Investigator of the Division, conducted an examination and refused to initiate a criminal case against the officers of the Spitak Police Department.  Disagreeing with the decision of the investigator, Sakunts appealed to the Tavush Region Court of First Instance. On July 14, 2011, Tavush Region Court of First Instance (Judge Rafik Melkonyan) granted the claim of Helsinki Citizens’ Assembly-Vanadzor NGO.  HCAV demanded that the court cancel the decision of Smbat Saghatelyan, Senior Investigator of Dilijan Investigation Division of the RA Police and submit the case for an investigation. Meanwhile Senior Investigator, Smbat Saghatelyan conducted an investigation and decided to terminate the case proceedings for lack of corpus delicti. Sakunts again appealed to the Tavush Region Court of Common Jurisdiction to cancel the termination.

Aravot reported the case 4-5 months ago. “Sakunts’ claim was granted again: the examination of the case of violence against citizens at the police will resume” (http://www. aravot.am/old/am/articles/regions/95768/view).

On November 25th, Judge Rafik Melkonyan continued the examination of the lawsuit in Ijevan. Sakunts informed the court that he had challenged Senior Investigator, Smbat Saghatelyan, because he had terminated the case and could not be objective, and that is why Sakunts refused to give him any explanations regarding the case. Sakunts found that, since the case referred to violence used by police officers, it should be examined by the Special Investigation Service. In response to Judge Rafik Melkonyan’s question, Sakunts said that Vladimir Tonoyan does not currently complain, but does not deny either, that he was subjected to violence, and that although he is free after serving his term for theft, he is afraid of police treatment. Ararat Azibekyan, the prosecutor controlling the case, said that there is a specific criminal case, which was  systematically examined by the investigator, and that the use of violence by the police officers was not substantiated. Sakunts insisted that although Tonoyan who served his term for theft, does not complain now; however, there is an issue of public interest, which requires the crime not to be concealed. Sakunts drew a comparison that if a mentally incompetent is subjected to violence, he is unable and does not complain, however public interest requires solving the crime. The trial continued on November 28th, and yesterday Judge Melkonyan pronounced his verdict, whereby he rejected Sakunts’ claim.

Source: Aravot Daily
www.aravot.am