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The appeal against the judgment of releasing from punishment the doctors charged with the death of 27-month-old Lia Misakyan was rejected

January 16, 2019

Activities | Legal Support | Legal Support | Right to an Effective Remedy | Lia Misakyan | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | Right to life | News

On January 15, 2019, RA Criminal Court of Appeal rejected the complaints of both parties in the case of doctors charged with the death of 27-month-old Lia Misakyan, who died in January, 2013, in Arabkir MC.

 

They were presented to Yerevan General Jurisdiction Court against the judgment dated September 24, 2018, by which the Court imposed an additional penalty on Arabkir MC doctors Lilit Vardanyan and Zarine Ayvazyan, but simultaneously released them from the punishment due to the expiration of statute.

 

Let us remind that the judgment of June 15, 2015, L. Vardanyan and Z. Ayvazyan were recognized guilty of committing an act envisaged under RA Criminal Code Article 130 part 2 and a punishment of imprisonment of respectively 2 years and 2 years, 6 months was imposed on them, without imposing an additional punishment. Simultaneously, the Court released the defendants from the punishment under the amnesty adopted in connection with the 22nd anniversary of the independence of the Republic of Armenia. Based on the complaint of the representatives of Lia Misakyan’s successors, HCA Vanadzor chairman A. Sakunts and Organization’s lawyer T. Siradeghyan, on June 24, 2016, RA Court of Cassation  sent the additional punishment imposition part of the case to the Court of First Instance for a new examination.  

 

In the appeal against the judgment dated September 24, 2018, made by Yerevan General Jurisdiction Court, HCA Vanadzor lawyers Ani Chatinyan and Arayik Zalyan – representatives of Lia Misakyan’s successor – mentioned that the Court abused its authorities and did not conduct the examination of the case within a reasonable time, the examination was also prolonged by the defenders of the defendants, as a result of which, the statute of limitations had expired upon publicising the judgment. The state did not provide the inevitability of bringing those guilty to liability and violated the rights to effective remedies and life enshrined in the European Convention of Human Rights.  

 

Criminal Court of Appeal rejected both this and the complaints of the defendant side.

 

The decision of the Court of Appeal has not been received yet. It will be appealed to the RA Court of Cassation.

 

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