EKD/0002/11/17

Republic of Armenia

Criminal Court of Appeal

 

DECISION

20 July, 2017                                                                                                         c. Yerevan

 

The RA Criminal Court of Appeal (hereinafter referred to as Court of Appeal)

Chair judge                                                  M. Papoyan

Secretary of court sessions                      A. Julhakyan

Prosecutor                                                    N. Khachatryan

Investigator                                                 P. Aghababyan

Representatives of  D. Stepanyan          M. Poghosyan

                                                                     A. Sukiasyan

Representative of H. Yeritsyan                G. Margaryan,

soon after having examined in the open court session in the Court of First Instance of General Jurisdiction of Kentron and Nork-Marash administrative districts of the city of Yerevan (hereinafter referred to as Court of First Instance) against the appeal of March 14, 2017, the appeal by N. Khachatryan, the prosecutor of the Prosecutor’s Office of Kentron and Nork-Marash administrative districts:

FOUND OUT

The judicial prehistory of the case:

On May 6, 2016, by the decision of the investigator of the Central Division of Yerevan Office of the RA Police H. Nersisyan, initiation of the criminal case on the grounds of materials prepared based on the report by David Stepanyan,  was dismissed and no criminal prosecution was carried out against Hovhannes Yeritsyan, reasoning that there was not any corpus delicti in the latter’s actions.

On June 1, 2016, by the decision of prosecutor of the city of Yerevan A. Davtyan and by materials prepared based on the application of David Stepanyan,  the appeal by Marina Poghosyan, the representative of David Stepanyan, against the decision made by the investigator of the Central Division of Yerevan Office of the RA Police H. Nersisyan on declining the initiation of a criminal case of May 6, 2016, due to the absence of any corpus delicti in the actions of Hovhannes Yeritsyan, defined by article 213 of the RA Criminal Code, was dismissed for groundless reasons.

The decision of May 6, 2016, made by the investigator of the Central Division of Yerevan Office of the RA Police H. Nersisyan, on declining the initiation of the criminal case based on the fact that there was not any corpus delicti defined by article 137 of the RA Criminal Code in the actions of Hovhannes Yeritsyan, had been abolished and criminal case No 63203516 was initiated on the ground of article 137 of the RA Criminal Code.

On September 6, 2016, criminal case No 63203516 was confirmed for proceedings by the decision of P. Aghababyan, the senior investigator of the RA Investigation Committee Yerevan City Investigation Department of Kentron and Nork-Marash administrative districts.

On November 10, 2016, by the decision of P. Aghababyan, the senior investigator of the RA Investigation Committee Yerevan City Investigation Department of Kentron and Nork-Marash administrative districts, proceedings by criminal case No 63203516 was quashed and no prosecution defined by article 137, part 1, of the RA Criminal Code was held against Hovhannes Yeritsyan, based on article 35, part 1, point 2, of the RA Criminal Code on the grounds of the absence of any corpus delicti in the actions.

On December 1, 2016, by the decision of R. Aslanyan, the prosecutor of the city of Yerevan, the appeal by Marina Poghosyan, the representative of David Stepanyan, against the decision by P. Aghababyan, the senior investigator of the RA Investigation Committee Yerevan City Investigation Department of Kentron and Nork-Marash administrative districts, was dismissed for groundless reasons.

On January 9, 2017, Marina Poghosyan, the representative of David Stepanyan, submitted an appeal to the Court of First Instance with the request of dismissing the decisions of November 10, 2016, made by P. Aghababyan, the senior investigator of the RA Investigation Committee Yerevan City Investigation Department of Kentron and Nork-Marash administrative districts,  and of December 1, 2016, made by R. Aslanyan, the prosecutor of the city of Yerevan, and of deciding on dismissing / reconsidering the violation of David Stepanyan’s rights and freedoms.

On March 14, 2017, by the decision of the Court of First Instance, the appeal by Marina Poghosyan, the representative of David Stepanyan, was satisfied, binding the executing body of proceedings to abolish the violation of rights of David Stepanyan caused by the decision of November 10, 2016, on quashing the proceedings of the criminal case made by P. Aghababyan, the senior investigator of the RA Investigation Committee Yerevan City Investigation Department of Kentron and Nork-Marash administrative districts, and the decision of December 1, 2016, on not executing prosecutions, made by R. Aslanyan, the prosecutor of the city of Yerevan.

The copy of the above-mentioned decision was received in the Prosecutor’s Office of Kentron and Nork-Marash administrative districts of the city of Yerevan on March 22, 2017.

On March 31, 2017, the Court of Appeal received the appeal by the prosecutor of the Prosecutor’s Office of Kentron and Nork-Marash administrative districts of the city of Yerevan L. Khacahatryan,  against the decision of March 14, 2017, made by the Court of First Instance, and materials on the appeal were received on April 5, 2017.

The conclusions by the court on the trustworthiness of the proofs shall be grounded on factual data found in the case (…).

Thus, taking into consideration the above-presented, particularly that the body of holding the court case proceedings did not undertake all the measurements foreseen by the RA criminal Code for thorough, complete and objective examination of the circumstances of the criminal case, in the condition of which the rights of David Stepanyan were  violated, as well as considering that the findings on the execution of investigative and judicial actions recorded in the decision by the Court of First Instance are of initial importance for the solution of this case, the Court of Appeal finds that the appeal by the prosecutor of the Prosecutor’s Office of Kentron and Nork-Marash administrative districts of the city of Yerevan L. Khacahatryan shall be dismissed, and the decision of March 14, 2017, made by the Court of First Instance shall be kept in legal force.

Based on the above-presented and led by articles 290, 387, 394 and 412 of the RA Criminal Procedure Code, the Court of Appeal:

DECIDED

To dismiss the appeal by the prosecutor of the Prosecutor’s Office of Kentron and Nork-Marash administrative districts of the city of Yerevan L. Khacahatryan, and keep in legal force the decision of March 14, 2017, made by the Court of First Instance of General Jurisdiction of Kentron and Nork-Marash administrative districts of the city of Yerevan.

The decision can be appealed to the Court of Cassation within a 15-day period of time as soon as it has been received.

 

Judge    /signed and sealed/     M. Papoyan