Published since 07.2002
Published on May 02, 2008
JUDGE ORDERS RESUMED INQUEST INTO APPEAL IN DISMISSED “DEATH IN POLICE CUSTODY” CASE
- A Yerevan lower court on Tuesday ordered a resumed judicial inquest into the appeal in a case of a death in police custody that prosecutors had dismissed for lack of evidence suggesting a violent cause. Last May Levon Gulyan, 31, was taken to police for questioning as a presumed witness of a murder committed near a restaurant that belonged to him and several hours later his family received his dead body (see also http://www.armenianow.com/?action=viewArticle&AID=2212). The criminal case brought by the Prosecutor’s Office on the hallmarks of driving a person to death was closed ten months later, on March 12, and the victim’s party’s appeal against the dismissal of the case was rejected by prosecutors as groundless two weeks later. The lawyers for the victim’s party further appealed the case in court, calling for the investigation into the criminal case to be reopened. The criminal case was dismissed on the grounds of the police version that while attempting to escape Gulyan fell to his death from the second floor. The Gulyan party’s lawyers, however, claim police torture and restriction of Gulyan’s right to free movement. They also say that among other things investigators had ignored the conclusions of international forensic experts that the bruises and abrasions on Gulyan’s dead body could have originated before death (see also http://www.armenianow.com/?action=viewArticle&AID=2318) During the court proceedings that started last week, Prosecutor’s Office investigator Gabriel Petrosyan used the word “assumption” describing how Gulyan fell from the window-sill. He made an assumption that when jumping Gulyan encountered some wire, as a result he turned on his back and hit a gas pipe two meters away from the window-sill, and that collision had thrown him several meters away. However, as the lawyers say, the expert examination had not revealed any traces on Gulyan’s clothes or body that could have appeared as a result of contact with the pipe. Judge Gagik Avetisyan established that the pipe did not sustain any deformation as a result of a 93-kilogram-weighing Gulyan’s suggested collision with it, and indirectly rejected the prosecutors’ assumption, scheduling the next hearing for May 22. Lawyer Aram Karakhanyan representing the Gulyan party said the court simply lacked grounds to reject the claim. “It is by law to reopen the case, but at least he [the judge] should have presented a clear reasoning for doing that, such as in view of the existence of a certain omission for the parties to provide additional arguments and evidence,” he said. ”But that wasn’t done.” And Helsinki Committee Chairman Avetik Ishkhanyan said he had the impression the judge lacked courage to make a decision independently and took some time to get a more clear instruction from above.
- Vahan Ishkhanyan
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Today in Armenian history- 1219 Death of Armenian King Levon the Second (Kingdom of Cilicia).
- 1817 General Yermolov, Commander of the Caucasian forces and Governor of the Caucasus, stops in Echmiadsin on his way to a mission in Persia.
- 1869 Death of the Armenologist Victor Langlois. He translated Armenian historical sources into French under the sponsorship of Noobar Pasha.
- 1900 Death of Hovhannes Aivazovsky (seascape artist) in Feodosia (the Ukraine). He was born in 1817.
- 1916 The "France-Armenie" committee is organized in Paris. Members of the Academy and other political figures are members.
- 1917 The First Assembly of Western Armenians opens in Yerevan under the Presidency of General Andranik.
- 1919 The Publication of Constantinople's Extraordinary Military Tribunal's decision about the perpetrators of the deportations of Booyook Dere's (Constantinople's district) Armenian population.
- 1930 Creation of the Kanaker Power Station.
- 1965 Death of Hrachia Kochar (writer and public figure). He was born in 1909.
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