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In the Court the Prosecutor gave incorrect information pertaining to the case of J. Ghukasyan’s death

May 22, 2019

Activities | Legal Support | Legal Support | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | Right to life | Publications | News | Julieta Ghukasyan

On March 27, 2019, representatives of J. Ghukasyan’s (who died in Gyumri) successor applied to the RA Prosecutor General’s Office to find out to which provision of the Russian legislation contradicts the transfer of A. Razgildeyev (accused of J. Ghukasyan’s death) from the Russian military base to the RA penitentiary institution. A note with no answer to the question was received in response to the application.

 

After receiving refusals from the Investigative Body and the Prosecutor’s Office on transferring Andrey Razgildeyev from the Russian military base No. 102 to the RA relevant penitentiary institution, representatives of J. Ghukasyan’s successor – HCA Vanadzor Chairman Artur Sakunts and the Organization’s lawyers Arayik Zalyan and Hayk Hakobyan- appealed the decision in the Court and again received a refusal.

 

The Investigative Body and the prosecutor’s Office considered impossible the transfer of A. Razgildeyev from the Russian military base to the RA penitentiary institution since, according to them, it was contradictory to the legislation of the Russian Federation. In this context, they invoked the provision of the “Agreement between the Russian Federation and the Republic of Armenia on jurisdiction and mutual legal assistance in cases related to the presence of Russian military base on the territory of the Republic of Armenia ” signed on August 29, 1997, according to which “in such cases, the RA competent authorities take actions jointly with the RF competent authorities, if their conduction does not contradict the RF legislation”.


The representative of the victim’s successor asked to which provision of the RF legislation it contradicts and Shirak region Prosecutor’s Office representative in the court -Mihran Martirosyan- responded that this information could be obtained from the RA Prosecutor General’s Office.

 

For this purpose, A. Sakunts, A. Zalyan and H. Hakobyan applied to the RA Prosecutor General’s Office on March 27, 2019.

 

In the note dated May 2, 2019, the Prosecutor General’s Office first introduced the process and refusals of the injured party’s petitions to transfer A. Razgildeyev to the RA penitentiary institution, then informed that in case of disagreeing with the Court’s decision, it could be appealed in the RA Court of Criminal Appeals.

 

As it can be seen from the response of the Prosecutor General’s Office, the injured party’s questions did not receive answers in contrast to the claims made by the Prosecutor’s Office representative Mihran Martirosyan.

 

Let us remind that on March 15, 2019, Shirak region General Jurisdiction Court, presided by V. Misakyan, refused the complaint, but the representatives of the victim’s successor only got the decision more than a month after it was made and had the possibility to appeal it on April 30, 2019.

 

You can find the voice recording of Prosecutor Mihran Martirosyan’s announcement HERE.

 

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