Today, on January 19, the General Jurisdiction Court of Kotayk Province will consider the protest of Araik Zalyan, representative of the victim's legal successor, against dropping the criminal case in the death of 10-year-old Derenik Gasparyan as a result of a quarrel at the Charentsavan School No. 5 last year. He demands to annul the decision on dropping the criminal case, send the case back to preliminary investigation and obligate the Kotayk province prosecutor's office to make an appropriate decision on the protested decision. 

The criminal case on the death of the 10-year-old Derenik Gasparyan was launched with 46 day delay and not for the fact of death but "for indications of bodily injuries not containing indications of light injuries caused before death."

The incident took place in the school during the examination, and when the schoolmates were beating the 10-year-old boy, the administration took no measures to prevent the brawl that caused Derenik Gasparyan's death.

His decision to drop the case investigator Mkrtchyan based on the reference by the State Inspectorate of the Ministry of Education and Science, which states that Derenik Gasparyan's death is not the result of abuse or neglect of the school principal or administration. 

On June 5, 2010 parents took their son, fourth grade pupil Derenik Gasparyan to school No. 5 to take part in the math exam and left him under supervision of form master Susanna Kakoyan and math teacher Elmira Karapetyan; however, the above teachers who were responsible for the pupils at school, got engaged in non-contract activities and left the children out of supervision as a result of which Derenik Gasparyan died.

In his protest Araik Zalyan refers to the RA Minister of Education and Science order on the obligations of the principal in the contract between the parent of the state general education school pupil and the institution on providing free educational services (Order 1105 of 2009) stating that the whole responsibility of minor Derenik Gasparyan's death is on the school administration, on appropriate responsible persons. 

"Provide the pupil's life safety conditions taking legal means to protect the pupil from infringements upon his interests." 

According to Chapter 6 of the same order, "parties bear responsibility for non-fulfilment, undue fulfilment or exceeding their duties in the order specified by the Republic of Armenia legislation."

According to the conclusion of the representative of the victim's legal successor, the preliminary investigation body has not revealed the identity of the person responsible for Derenik Gasparyan's life and has not taken any action to qualify the accomplished action as a crime and bring someone to account.

On the one hand, the preliminary investigation body has considered the fact of his beating proved and, on the other hand, did not consider the fact of beating as a reason for death.

Zalyan is convinced that up to this day instead of obtaining proof for the case it has been concealed; materials of the case are not known, it is not known who did the questioning, and what the investigator based on making his decision. Besides, the supervision over this case by superior bodies has not been effective.

"There is no supervision over the legitimacy of the actions of Charentsavan police preliminary investigation body," says the representative of the victim's legal successor.  

Source: www.lragir.am