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The body conducting the proceedings of the convict who died in 2015 takes actions only after the petition of the aggrieved party

January 24, 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 | News | Serob Gevorgyan

On January 10, 2019, HCA Vanadzor lawyer A. Zalyan – the representative of convict Serob Gevorgyan, who died as a result of self-harm in April 2015 in “Nubarashen” penitentiary institution – presented another petition to the body conducting the proceedings.

 

On April 20, 2015, after being transferred from “Hrazdan” penitentiary institution to “Nubarashen” penitentiary institution, S. Gevorgyan self-harmed and was taken to hospital only 4 days later, where he died in three days.

 

After a criminal case was initiated under Article 130 part 2 of the RA Criminal Code, Helsinki Citizens’ Assembly Vanadzor undertook the protection of the rights of S. Gevorgyan’s successor. Moreover, the criminal case was initiated only after appealing the decision of not initiating a criminal case dated May 7, 2015.

 

According to the conclusion of the forensic medical expertise appointed within the framework of the criminal case, an improper medical aid was provided in “Nubarashen” penitentiary institution and a number of violations were made.

 

On March 28, 2018, again by the petition of the aggrieved party, double forensic medical expertise was appointed. Through that petition, the representative of the aggrieved party’s successor pointed out a number of contradictions and shortcomings in the expertise conclusion.

 

The aggrieved party noticed conditions worth of attention in the conclusion of the double forensic medical conclusion, as well. 

 

Experts first recorded that if Serob Gevorgyan had been moved to a multiprofile medical institution in time, the likelihood of saving his life would have significantly increased, however, in the same conclusion, a contradicting opinion was stated, according to which it was impossible to determine the likelihood of a favorable outcome.

 

Experts did not manage to make precise conclusions pertaining to the quality of medical aid provided to S. Gevorgyan in “Nubarashen” penitentiary institution , since his ambulatory medical record card in penitentiary institution was filled with multiple shortcomings and distortions, recordings contradicting to one another. This condition can have an important role from the perspective of the expertise.  

 

Besides, the expertise conclusion also confirms the condition that the actions taken by the medical staff of “Nubarashen” penitentiary institution were done with multiple shortcomings and under this condition, not charging medical workers who failed at their obligations amounts to the violation of the right to life enshrined in the European Convention of Human Rights.

 

The representative of the aggrieved person’s successor also underscored that the body conducting the proceedings took all the investigative actions and made all the expertise appointments only based on the petitions of the aggrieved party, which indicates the lack of the initiation of the body conducting the proceedings aimed at the disclosure of the crime.

 

On January 10, 2019, A. Zalyan made a petition to A. Karapetyan - senior investigator of the investigative division of Erebuni and Nubarashen administrative districts – to take relevant investigative and judicial actions aimed at eliminating the invoked violations.

 

Investigator A. Karapetyan has not made a decision on the petition yet.

 

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